GM to Pay $900M Over Ignition Switch Scandal; Cooper Criticizes Deal
General Motors has agreed to pay $900 million to resolve criminal charges for concealing a defective ignition switch linked to at least 169 deaths, federal prosecutors said Thursday in New York.
The agreement calls for two charges—wire fraud and scheming to conceal information from government regulators—to be dropped after three years if the automaker cooperates fully.
However, U.S. Attorney Preet Bharara did not rule out the possibility employees could still face charges.
See Related Article: GM Pact Doesn’t Mean Its Legal Woes Are in the Rear-View Mirror
“They let the public down. It’s as simple as that,” Bharara said. “To sum it up, they didn’t tell the truth in the best way that they should have—to the regulators, to the public—about this serious safety issue that risked life and limb.”
Also Thursday, GM announced it that it will spend $575 million to settle the bulk of the civil lawsuits filed over the scandal.
The twin agreements bring to more than $5.3 billion the amount GM has spent on a problem prosecutors say could have been dealt with at a cost of less than a dollar per car. Those expenses include government fines, compensation for victims and the recall and repair of the millions of affected vehicles.
The statement of facts to which the company agreed describes in scathing terms GM’s deceitful and dismissive approach to handling a problem that was evident even before the defective switch went into production in 2002.
The design of the ignition switch was changed by a GM engineer, without any notice, in 2002, even though the supplier said the switch didn’t meet GM’s specifications. That fact was uncovered in April 2013 during an investigation by Marietta attorney Lance Cooper, who was representing Ken and Beth Melton’s lawsuit in the 2010 death of their daughter, Brooke, a nurse. She died on her 29th birthday after her 2005 Chevrolet Cobalt went out of control and rolled off a highway, down a bank and into a creek.
On Thursday, Cooper issued a scathing response to the end of the GM criminal case.
“Today’s settlement announcement provides no consolation to the hundreds of families who were devastated by GM’s decade long coverup of the ignition switch defect,” Cooper said in a news release. “When individuals, through their reckless conduct, cause someone to die, they go to jail. When large corporations, such as GM, through their reckless conduct cause hundreds of people to die, they simply pay a fine, write it off as a tax loss, and move on.”
“Speaking on behalf of the families we represent, we had hoped that justice would be served in the criminal investigation of GM,” Cooper said. “Unfortunately, it’s the same old story—if you have enough power and money you can always buy your way out of truly being held accountable for your misdeeds.”
Cooper’s investigation discovered Brooke Melton’s car’s key was turned off, then later that the ignition switch was defective. The Meltons settled their case in 2013, then tried to give back the $5 million payment a year later when they discovered a GM engineer lied in a deposition saying he did not know about the defect. They refiled their lawsuit in 2014, adding allegations of fraud.
Cooper teamed up with Beasley, Allen, Crow, Methvin, Portis & Miles in Montgomery to deepen the investigation. But the Meltons settled again in March 2015 after more money was added to their deal from the fund controlled by GM’s mediator, Kenneth Feinberg.
Before the Meltons settled their suit, Cooper had expected their lawsuit to be the first ignition defect case to go to trial against GM. He said Wednesday he has now placed that hope on other cases he is investigating.
“We look forward to our first ignition switch trial against GM when a jury will have the opportunity to hold GM fully accountable for its reprehensible conduct,” Cooper said. He did not identify the case, and said he would make no further comments for the moment.
Beasley Allen founder Jere Beasley issued a statement saying GM was “getting off easy” on the criminal charges despite being fined nearly $1 billion. “In this country, we normally put criminals in jail, but corporations pay huge fines and keep on doing business,” he said. “I am afraid the public doesn’t fully realize that GM—a corporate entity—is guilty of a criminal offense, and because of the conduct of GM officers and employees, at least 124 innocent victims were killed. The National Highway Traffic Safety Administration dropped the ball and GM intentionally covered up for a full decade a known safety defect.”
Consumer advocate Clarence Ditlow, executive director of the nonprofit Center for Automotive Safety, also bitterly criticized the settlement.
“GM killed over 100 people by knowingly putting a defective ignition switch into over 1 million vehicles,” Ditlow said. “Today, thanks to its lobbyists, GM officials walk off scot-free while its customers are 6 feet under.”
Bharara said he understands some victims’ families might be disappointed no individuals were arrested, but he added: “We apply the laws as we find them, not the way we wish they might be.” He also said GM was given credit for cooperating with the investigation, including sharing the results of its in-house probe.
With the settlements, GM is taking a big step toward moving past the scandal, which badly damaged its reputation but led to companywide safety reforms.
Later Thursday, GM chief executive Mary Barra appeared before employees in suburban Detroit and again apologized to the victims of crashes caused by the bad switch.
“We didn’t do our job,” she said. “We accept the penalties handed down today, because that’s what it means to be held accountable.”
As part of GM’s deal with prosecutors, an independent monitor will be appointed to review the automaker’s procedures for handling safety defects.
When GM employees, the media and some customers complained about the switch in 2004 and 2005, the company’s engineers left the switch alone, rejecting a cheap and simple improvement that would have significantly reduced the problem, court papers said.
Court papers said even though the dangers became plain in the spring of 2012, the company did not correct its earlier assurance that the switch posed no safety concern. Instead, Bharara wrote, it concealed the defect from regulators and the public “so that the company could buy time to package, present, explain and manage the issue.”
The wire fraud count pertained to the company’s assurances to customers over the Internet in 2012-13 that its used cars were safe.
Last year, GM recalled 2.6 million older small cars worldwide to replace the faulty switches. Those included the Chevrolet Cobalt and Saturn Ion.
The faulty switches can unexpectedly slip out of the “run” position to “off” or accessory. That shuts off the engine and disables power-assisted steering, power brakes and the air bags. Some cars ran off the road or collided with other vehicles.
Last year, the National Highway Traffic Safety Administration slapped GM with a civil fine of $35 million for failing to notify the government of a safety-related defect within five days of learning about it.
Also last year, GM established a fund to compensate victims. Lawyers administering the fund accepted 124 death claims and 275 injury claims. Families of those who died will get at least $1 million. GM has set aside $625 million to compensate people who accept a settlement with the fund.
Texas attorney Bob Hilliard represented 1,385 plaintiffs with death or injury claims who decided not to seek compensation from the fund. On Thursday, GM said it has agreed to spend part of $575 million to settle those lawsuits, which include 45 deaths.
The money also will be used to settle a shareholder lawsuit that said GM’s actions reduced the value of its stock.
Even with the settlements, GM cannot yet close the books on the scandal. It still faces 454 death and injury cases that have yet to be settled. Six cases have been scheduled for trial, including one set to start in January.
Amid the scandal more than a year ago, GM fired 15 employees, including engineers and lawyers, for failing to act to resolve the switch problem.
The recalls led to other changes at GM. Barra appointed a new safety chief who reports directly to her and added 35 product safety investigators. The company changed its product development process to focus more on safety. And it started a program that encourages employees to speak up if they uncover a safety concern.
GM also reviewed a backlog of safety issues in 2014 and ordered a record 84 recalls covering more than 30 million vehicles, including 27 million in the U.S. So far this year, it has issued 33 recalls covering 2.6 million cars and trucks.
The deal with GM comes a year and a half after Toyota agreed to a $1.2 billion penalty from the Justice Department for withholding information about deadly unintended acceleration in its vehicles.
Read more: http://www.dailyreportonline.com/id=1202737483345/GM-to-Pay-900M-Over-Ignition-Switch-Scandal-Cooper-Criticizes-Deal#ixzz3m6n9e2nj
Top Lawyers in Georgia: 2016 Rising Star Atty. Adam Beecher
Macon Law Firm Achieves Justice for Car Accident Victim
Arbitration: A privatization of the justice system
Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence that the practice had a pattern of denying women partnerships.
She began to worry, though, once she was blocked from court and forced into private arbitration.
Presiding over the case was not a judge but a corporate lawyer, Vasilios J. Kalogredis, who also handled arbitrations. When Ms. Pierce showed up one day for a hearing, she said she noticed Mr. Kalogredis having a friendly coffee with the head of the medical group she was suing.
Continue reading article from nytimes.com:
In Arbitration, a ‘Privatization of the Justice System’
Insight by Atty. Jeff Powers:
Be very careful the next time you sign paperwork when entering the hospital, being seen by a doctor or when placing a loved one in a nursing home. Many of these legal documents people sign daily contain a clause which will deny your right to a trial by jury should something go terribly wrong. Corporations are using binding arbitration to deny justice to victims of gross negligence. This means that an arbitrator – one person, who is usually on the side of the corporation will decide if you are entitled to any compensation for your loss. The right to a trial by jury in this country is being taken away by big business.
GM to Pay $900M Fine for Fatal Ignition Switch Defect
GM to Pay $900M Over Ignition Switch Scandal; Cooper Criticizes Deal
General Motors has agreed to pay $900 million to resolve criminal charges for concealing a defective ignition switch linked to at least 169 deaths, federal prosecutors said Thursday in New York.
The agreement calls for two charges—wire fraud and scheming to conceal information from government regulators—to be dropped after three years if the automaker cooperates fully.
However, U.S. Attorney Preet Bharara did not rule out the possibility employees could still face charges.
See Related Article: GM Pact Doesn’t Mean Its Legal Woes Are in the Rear-View Mirror
“They let the public down. It’s as simple as that,” Bharara said. “To sum it up, they didn’t tell the truth in the best way that they should have—to the regulators, to the public—about this serious safety issue that risked life and limb.”
Also Thursday, GM announced it that it will spend $575 million to settle the bulk of the civil lawsuits filed over the scandal.
The twin agreements bring to more than $5.3 billion the amount GM has spent on a problem prosecutors say could have been dealt with at a cost of less than a dollar per car. Those expenses include government fines, compensation for victims and the recall and repair of the millions of affected vehicles.
The statement of facts to which the company agreed describes in scathing terms GM’s deceitful and dismissive approach to handling a problem that was evident even before the defective switch went into production in 2002.
The design of the ignition switch was changed by a GM engineer, without any notice, in 2002, even though the supplier said the switch didn’t meet GM’s specifications. That fact was uncovered in April 2013 during an investigation by Marietta attorney Lance Cooper, who was representing Ken and Beth Melton’s lawsuit in the 2010 death of their daughter, Brooke, a nurse. She died on her 29th birthday after her 2005 Chevrolet Cobalt went out of control and rolled off a highway, down a bank and into a creek.
On Thursday, Cooper issued a scathing response to the end of the GM criminal case.
“Today’s settlement announcement provides no consolation to the hundreds of families who were devastated by GM’s decade long coverup of the ignition switch defect,” Cooper said in a news release. “When individuals, through their reckless conduct, cause someone to die, they go to jail. When large corporations, such as GM, through their reckless conduct cause hundreds of people to die, they simply pay a fine, write it off as a tax loss, and move on.”
“Speaking on behalf of the families we represent, we had hoped that justice would be served in the criminal investigation of GM,” Cooper said. “Unfortunately, it’s the same old story—if you have enough power and money you can always buy your way out of truly being held accountable for your misdeeds.”
Cooper’s investigation discovered Brooke Melton’s car’s key was turned off, then later that the ignition switch was defective. The Meltons settled their case in 2013, then tried to give back the $5 million payment a year later when they discovered a GM engineer lied in a deposition saying he did not know about the defect. They refiled their lawsuit in 2014, adding allegations of fraud.
Cooper teamed up with Beasley, Allen, Crow, Methvin, Portis & Miles in Montgomery to deepen the investigation. But the Meltons settled again in March 2015 after more money was added to their deal from the fund controlled by GM’s mediator, Kenneth Feinberg.
Before the Meltons settled their suit, Cooper had expected their lawsuit to be the first ignition defect case to go to trial against GM. He said Wednesday he has now placed that hope on other cases he is investigating.
“We look forward to our first ignition switch trial against GM when a jury will have the opportunity to hold GM fully accountable for its reprehensible conduct,” Cooper said. He did not identify the case, and said he would make no further comments for the moment.
Beasley Allen founder Jere Beasley issued a statement saying GM was “getting off easy” on the criminal charges despite being fined nearly $1 billion. “In this country, we normally put criminals in jail, but corporations pay huge fines and keep on doing business,” he said. “I am afraid the public doesn’t fully realize that GM—a corporate entity—is guilty of a criminal offense, and because of the conduct of GM officers and employees, at least 124 innocent victims were killed. The National Highway Traffic Safety Administration dropped the ball and GM intentionally covered up for a full decade a known safety defect.”
Consumer advocate Clarence Ditlow, executive director of the nonprofit Center for Automotive Safety, also bitterly criticized the settlement.
“GM killed over 100 people by knowingly putting a defective ignition switch into over 1 million vehicles,” Ditlow said. “Today, thanks to its lobbyists, GM officials walk off scot-free while its customers are 6 feet under.”
Bharara said he understands some victims’ families might be disappointed no individuals were arrested, but he added: “We apply the laws as we find them, not the way we wish they might be.” He also said GM was given credit for cooperating with the investigation, including sharing the results of its in-house probe.
With the settlements, GM is taking a big step toward moving past the scandal, which badly damaged its reputation but led to companywide safety reforms.
Later Thursday, GM chief executive Mary Barra appeared before employees in suburban Detroit and again apologized to the victims of crashes caused by the bad switch.
“We didn’t do our job,” she said. “We accept the penalties handed down today, because that’s what it means to be held accountable.”
As part of GM’s deal with prosecutors, an independent monitor will be appointed to review the automaker’s procedures for handling safety defects.
When GM employees, the media and some customers complained about the switch in 2004 and 2005, the company’s engineers left the switch alone, rejecting a cheap and simple improvement that would have significantly reduced the problem, court papers said.
Court papers said even though the dangers became plain in the spring of 2012, the company did not correct its earlier assurance that the switch posed no safety concern. Instead, Bharara wrote, it concealed the defect from regulators and the public “so that the company could buy time to package, present, explain and manage the issue.”
The wire fraud count pertained to the company’s assurances to customers over the Internet in 2012-13 that its used cars were safe.
Last year, GM recalled 2.6 million older small cars worldwide to replace the faulty switches. Those included the Chevrolet Cobalt and Saturn Ion.
The faulty switches can unexpectedly slip out of the “run” position to “off” or accessory. That shuts off the engine and disables power-assisted steering, power brakes and the air bags. Some cars ran off the road or collided with other vehicles.
Last year, the National Highway Traffic Safety Administration slapped GM with a civil fine of $35 million for failing to notify the government of a safety-related defect within five days of learning about it.
Also last year, GM established a fund to compensate victims. Lawyers administering the fund accepted 124 death claims and 275 injury claims. Families of those who died will get at least $1 million. GM has set aside $625 million to compensate people who accept a settlement with the fund.
Texas attorney Bob Hilliard represented 1,385 plaintiffs with death or injury claims who decided not to seek compensation from the fund. On Thursday, GM said it has agreed to spend part of $575 million to settle those lawsuits, which include 45 deaths.
The money also will be used to settle a shareholder lawsuit that said GM’s actions reduced the value of its stock.
Even with the settlements, GM cannot yet close the books on the scandal. It still faces 454 death and injury cases that have yet to be settled. Six cases have been scheduled for trial, including one set to start in January.
Amid the scandal more than a year ago, GM fired 15 employees, including engineers and lawyers, for failing to act to resolve the switch problem.
The recalls led to other changes at GM. Barra appointed a new safety chief who reports directly to her and added 35 product safety investigators. The company changed its product development process to focus more on safety. And it started a program that encourages employees to speak up if they uncover a safety concern.
GM also reviewed a backlog of safety issues in 2014 and ordered a record 84 recalls covering more than 30 million vehicles, including 27 million in the U.S. So far this year, it has issued 33 recalls covering 2.6 million cars and trucks.
The deal with GM comes a year and a half after Toyota agreed to a $1.2 billion penalty from the Justice Department for withholding information about deadly unintended acceleration in its vehicles.
Read more: http://www.dailyreportonline.com/id=1202737483345/GM-to-Pay-900M-Over-Ignition-Switch-Scandal-Cooper-Criticizes-Deal#ixzz3m6n9e2nj
Woman and Three Others Injured by Tractor-Trailer
A Cartersville couple — on a furlough from mission work in Italy — were on their way home when a tractor-trailer crashed into them Thursday night.
Kyra Karr, 30, died at the scene of the wreck. Her two young children and husband were injured when the tractor-trailer pinned their pickup truck against a guard rail, trapping the family inside, according to police in Bartow County.
The children, ages 2 and 4, were both in stable condition Friday at Children’s Healthcare of Atlanta at Scottish Rite. Reid Karr was in stable condition at WellStar Kennestone Hospital, according to police.
Kyra Karr was a graduate of the University of Georgia and grew up attending Tabernacle Baptist Church in Cartersville, according to IMB, the International Mission Board. The family, appointed as Southern Baptist missionaries in 2009, were about to start their third term of service in Italy after a brief assignment in the United States, according to IMB.
Investigators believe the tractor-trailer driver, identified Friday as Ivan Delgado, was outside of his vehicle conducting a safety inspection when it started to roll, Emerson police told Channel 2 Action News.
Delgado reportedly parked his tractor-trailer at a chemical plant in the 300 block of Joe Frank Harris Parkway or Highway 41 in Emerson — a town near Cartersville. Employees told police the man was acting erratic before the incident happened. Police said Delgado was under the influence of a mind-altering substance at the time of the wreck.
Continue reading article from AJC.com:
Mom killed by runaway semi truck near Cartersville was a missionary
Insight by Atty. Jeff Powers:
Macon Teenager Pleads Guilty In Crash That Killed Girlfriend
BIBB COUNTY, Ga.– Wednesday 19-year-old Grant Hoffman pleaded guilty to reckless homicide and vehicular homicide in Bibb County Superior Court.
Investigators said Hoffman drove more than 40 miles per hour over the speed limit, lost control of his car, and killed his girlfriend Abigail Hinson, 17, on Zebulon Road in July 2014.
Judge Howard Simms sentenced Hoffman to seven years probation.
As a condition of his sentence, he will complete a psychiatric program, family violence program, and complete a drug and alcohol assessment.
Prosecutor David Cooke said Hoffman is not allowed to have any driving violations.
Cooke recommended 90 to 180 days in jail, but Hinson’s family asked that Hoffman not receive jail time.
“I’m never going to fault a judge for following the wishes of a victim’s family and I understand why he did it. We recommended jail but I understand why he did that. He wanted to follow the wishes of the parents of the victim”, said Cooke.
Grant Hoffman is the son of Mercer Basketball Coach Bob Hoffman.
written by Noelle Kachinsky
Story Published on WGXA.TV
Action Needed for Georgia Highway Trucking Accidents
For the second time in less than one month, five innocent lives were lost on Georgia’s Interstate 16 when the driver of a tractor-trailer failed to stop — or even apply the brakes — before slamming into helpless drivers trapped in standstill traffic in front of them. These tragic crashes occurred just miles apart and have eerie similarities that highlight one very stark reality: lives are being lost at an alarming rate due to the recklessness, carelessness or otherwise lack of awareness by tractor-trailer drivers in Georgia and across the nation, and we as a country are not doing enough to change that.
For years now, highway safety advocates have called on Congress, the National Highway Traffic Safety Administration and the Department of Transportation’s Federal Motor Carrier Safety Administration to address the disturbing number of commercial motor vehicle-related fatalities and injuries across the country. And, while incremental progress has been made in certain areas, there are still many options readily available that would immediately and significantly make our highways safer for everyone.
Already among the top priorities of highway safety advocates, it is universally agreed upon that requiring the installation and use of forward collision avoidance and mitigation systems and speed governors on all tractor-trailers would reduce the number and severity of truck crashes on our highways and, most importantly, save lives. Here’s how these low-cost and easily implemented systems work:
Forward Collision Avoidance Systems: This technology, which works by alerting the driver and taking over the brakes and engine of the tractor-trailer when an imminent collision is anticipated, is already fully developed and comes as a standard feature on most new automobiles. It is estimated that it would cost less than $500 per vehicle to retrofit current tractor-trailers to meet this standard. On average, according to NHTSA, two to three rear-end collisions involving tractor-trailers occur somewhere in the U.S. every hour.
Speed Governors: Every tractor-trailer manufactured since 1992 comes from the factory with a speed governor installed as standard equipment, which works by setting a predetermined speed limit that the vehicle cannot exceed. Unfortunately, many truck companies and individual truckers opt not to use them, choosing instead to put profits ahead of safety by racing the clock and risking countless lives in the process. However, the companies that voluntarily require the use of speed governors in their trucks report that, in addition to being safer on the roads, their tractor-trailers also are more profitable due to saved fuel, last longer because of the reduced wear-and-tear on the trucks and have lower liability costs as a result of the reduction in the number and severity of crashes.
The numbers don’t lie. Georgia is currently among the top five states in the U.S. in truck-related fatalities, and it is estimated by the U.S. Department of Transportation that there are nearly 100,000 injuries and 4,000 deaths nationwide each year as a result of tractor-trailer crashes.
How many more lives must be lost as a result of the under-regulated tractor-trailers on American highways before our leaders get serious about holding the trucking industry to the highest standards of safety? It is the Georgia Trial Lawyers Association’s top priority to save lives, and I am confident that requiring the use of forward collision avoidance systems and speed governors on all tractor-trailers would be counted among the most significant safety improvements to our highways in American history.
Written by: Darren Penn
Darren Penn serves as president of the Georgia Trial Lawyers Association. He is a partner with the law firm Harris Penn Lowry LLP in Atlanta and Savannah.
Source article from Macon.com
Insight by Atty. Jeff Powers:
GTLA Calls on Congress and NHTSA to Immediately Require Forward Collision Avoidance Technology on Tractor-Trailers
Atlanta, GA – Today, the Georgia Trial Lawyers Association joined Road Safe America in calling on the United States Congress and the National Highway Traffic Safety Administration (NHTSA) to immediately require the installation and use of forward collision avoidance and mitigation technology on all tractor-trailers. This technology, which works by taking over the brakes and engine of the tractor-trailer when an imminent collision is anticipated and alerting the driver to the danger, is already fully-developed and comes as a standard feature on most new automobiles. It is estimated that it would cost less than $500 per vehicle to retrofit current tractor-trailers to meet this standard.
“Today, we are calling on Congress and NHTSA to require all fleet operators and independent truckers to implement this life-saving technology on all current and future tractor-trailers,” said Brian D. “Buck” Rogers, a member of the GTLA Executive Committee and Road Safe America’s Board of Directors. “The cost to implement the technology on all tractor-trailers is relatively inexpensive – particularly compared to the costs and consequences of failing to take advantage of available technology.
“The tragic loss of Georgia lives on Interstate 16 this week is a stark reminder of the dangers that tractor-trailers pose to all other drivers on Georgia highways. The top priority of GTLA and Road Safe America is to save lives, and I am confident that this action would be the among the most significant safety improvements to our highways in American history,” concluded Rogers.
According to the U.S. Department of Transportation, annually there are nearly 100,000 injuries and 4,000 deaths on U.S. highways as a result of tractor-trailer crashes. In 2013, 97% of those killed in two-vehicle crashes involving a large truck and a passenger vehicle were occupants of the smaller automobile and Georgia is currently among the top five states in the country in truck-related fatalities.
“Tractor-trailers are the only freight method in America that occurs 100 percent of the time on public roads, and this industry should be expected to be held to the highest standard of safety. Unfortunately, that’s the exact opposite of the current standards to which tractor-trailers and truck drivers are held,” remarked Steve Owings, President and Co-Founder of Road Safe America. “This week’s heartbreaking accident in South Georgia is another stunning example of the tragedy that can occur when a truck driver is distracted or otherwise not alert, and the trucking industry must implement the technology that is already available to take over and avoid an often high-speed collision when the fatigued and distracted truck drivers do not do so manually.”
Insight by Atty. Jeff Powers:
Insurance Subrogation: Insurer Taking Money From Beaten Fan
How an Insurer Is Taking Money From the Fan Beaten at Dodger Stadium
First he was assaulted for wearing the wrong team’s clothes. Then he was sucker-punched by the insurance system.
Dave Stow, 71, strains to push the wheelchair carrying his 250-pound son, Bryan, up a series of ramps and into the basement of St. Joseph’s Catholic Church in Capitola, Calif., for its Friday fish fry. Bryan Stow is greeted by ladies who kiss him, men who hug him, and a 103-year-old woman who grabs his hand and asks if he is walking yet.
Four years ago, Bryan Stow was a strapping paramedic who spent his days off biking with his son and daughter. That was before March 31, 2011, when he and three friends made the mistake of wearing San Francisco Giants garb to an Opening Day game against the rival Los Angeles Dodgers at Dodger Stadium. They were harassed and threatened in the stands. Afterwards, two Dodgers fans beat Stow so savagely in a parking lot that doctors had to induce a coma to save him. He was hospitalized for seven months.
The damage to Stow, 46, remains unmistakable. A scar runs from the left side of his forehead to the back of his head. On the right side, a shunt used to drain fluid from his brain protrudes from his skull. The thick black hair he once fussed over is now patchy and thin. Special stockings on his legs prevent life-threatening blood clots.
The beating of Stow drew national attention to sports hooliganism. It’s also brought to light a virtually unknown aspect of the legal system that cuts compensation to victims. In effect, Stow was sucker-punched twice: first by his assailant and then by his health insurer.
Read Full Article: How an Insurer Is Taking Money From the Fan Beaten at Dodger Stadium
$375,000 Verdict in Bibb County Car Wreck Trial
Congratulations to Jeff Powers and Adam Beecher for receiving a $375,000 jury verdict in Bibb Superior this afternoon!The plaintiff was a 69 year old man who had a “train wreck” of a back (2 prior surgeries) and was on disability when the 2011 wreck occurred. This information was presented to the jury at the start by Powers and Beecher, and they let every medical record go into evidence.The plaintiff’s vehicle was hit by a sales-rep for Source Care Management, when she ran a stop sign in Dublin while checking her navigation system.The medical costs were around $170,000 (including the cost of a lumbar discectomy and fusion), and there were no lost wages.The final offer at mediation was $75,000. Wallace Miller (representing Source Care) and Bill Shelton (for the driver) defended the case, which was before Judge Ennis.
The defense argued the injury was preexisting and that the defendants were not responsible for surgery due to the condition of his back.
In closings, Jeff used a timeline to display the fact that their client had no treatment for back issues in the 10 years before the 2011 wreck, and deposition clips were played of the plaintiff’s treating physician and of the defense’s expert physician, both of which were particularly compelling.
It was obvious to anyone in the courtroom that Adam and Jeff believed in their client, and their preparation and presentation was outstanding. I look forward to hearing more of the details from them both. I understand it was a battle up to the very end!
INSIGHTS BY ATTY. JEFF POWERS
Mr. Curtis Isaac was one of 12 children born to two hardworking parents who were sharecroppers in Dublin, Ga. He dropped out of the 8th grade to help his parents work on the land they lived on which consisted of picking cotton, soybeans and tobacco crops. After several years of living with his family he went to work in Detroit for Ford Motor Co and then came back to Dublin to work for a construction company. In 1967, he began working for Roche Farm & Garden doing heavy manual labor. He worked there for 32 years until severe lower back pain at L4/5 levels forced him to quit. He filed a worker’s compensation case against his employer for a fictional date of injury. He retired from Roche in 1999 and had a microdiscectomy and then another in 2001 at the same level. The SSA determined him disabled because of his back problems in 1999. Having worked his whole life, he didn’t like not working so he worked odd jobs with his brother-in-law, such as raking pinestraw, cutting grass. He also worked as a helper for his brother-in-law’s masonry business. Mr. Isaac never earned much at these odd jobs, and we didn’t ask for any lost wages since he was getting SSDI.
On September 12, 2011 Mr. Isaac was injured in a car accident. At the time of the accident, he was 65 yrs old, driving to see a friend in downtown Dublin. The defendant was an employee of Source Care who was driving her personal car. She was traveling to Hawkinsville and was looking at her GPS. She didn’t see the stop sign and ran into Mr. Isaac. They admitted fault for causing the wreck. The driver was very nice and made a great impression. I crossed her for about 3 minutes.
The paramedics who treated Mr. Isaac at the accident scene and took him to the hospital noted that he complained of back pain that day. After the wreck, most of the treatment Mr. Isaac had was for his neck and shoulders. It was 7 months later when his lower back began hurting again. That’s when Dr. Pollydore ordered a lumbar MRI. Defense attorney used a fax cover sheet from Dr. Stefanis’ office that said patient was not surgical 3 months after wreck. Dr. Stefanis, however, had never examined Mr. Isaac. Pollydore recommended injections and Curtis returned to Dublin to see Dr. Hardmann, who began giving him these 1 yr after the wreck. This went on for another year and then Hardmann sent him to Dr. Holliday in Feb. 2014 when he was finally worked up surgically. In April 2014 he had a fusion at L4/5 which was the same level that was operated on in 1999 and 2001. We agreed to tender all the medical records to the jury.
Judge Ennis allowed the evidence of him being on SSDI because Dr. Holliday testified he suffered a 23% impairment from the fusion at L4/5. I told the jury in voir dire, opening, and closing that Mr. Isaac was on disability, but that he didn’t deserve this “sentence of pain/surgery given to him by the Defendants.” Dr. Holliday did a great job causally linking the surgery to the wreck, but under cross exam he began to criticize President Obama. We filed a MIL to keep out his comments but somehow the statement, “If you don’t work, you don’t eat and I don’t agree with anything Pres. Obama does….” came out during trial. In his closing, the defense counsel reminded the jury of this. He said, ” which doctor did you like better – Gorum or Holliday? And why was Dr. Holliday so ornery during the deposition? You heard those comments he made about President Obama.” I said that it doesn’t matter who the doctor votes for for President – that’s what is great about our country – we can vote for anyone we want. You are here to decide the harm done to Mr. Isaac, not what opinion a doctor has of the President or his policies.
We had a pretrial conference and there was some preliminary discussion that we were going to be prevented from telling jury she was working when the wreck happened. Fortunately, after filing a brief in response to the Defendant’s motion in limine, the Court went our way and allowed the testimony.
Defendants hired Dr. Michael Gorum in December 2014, who testified that he agreed surgery was necessary but the reason he had it was due to DDD and not trauma. He said our client had pain from wreck but his foot drop and need for surgery was anatomically caused by a “glacial change in his back from years of hard work, (cigarette smoking) and him being overweight.” They then redeposed him one week before trial to show him the films from 2001 which the doctor said “it was the biggest herniation in Mr. Isaac’s back that he’s seen in 25 yrs of being a neurosurgeon.” Gorum also said that his vertebrae was bone on bone and there were osteophytes growing in his spine which is why Dr. Holliday operated.
Defendants argued that this was a very complicated medical case with a bunch of long words and confusing testimony. I said it is not complicated. He was not treating for back pain for 10 years after he had the second microdiscectomy until they crashed into him. If was in such dire straights where are the medical records showing that his back hurt? People go to the doctor if they are in pain. They don’t go get their DDD checked if it is asymptomatic. People go see their doctor if it’s a routine physical, an OB GYN appt, or the dentist.
We are so humbled by and appreciative of your nice comments. I have known Mr. Isaac for over 14 years and it was a true honor to represent such a wonderful and deserving person. We mediated the case with Tommy Greer in November and, after many hours, it went nowhere. It seemed we were mediating two different cases. Adam Beecher did an incredible job with doing a lot of the work and helping me prepare. He did a great job of the client’s direct and redirect of Curtis and the character witness. We interviewed more character witnesses but they were not very strong. I am grateful for advice and help from Jarome Gautreaux, Rick Sizemore, Laura Hinson, and finally my neighbor, Charlie Cork who assisted us with the motion in limine.
OSHA Report Echoes ProPublica and NPR’s Workers’ Comp Findings
Separate investigations into changes in the workers’ compensation system nationwide found that cutbacks were hurting injured workers and their families. Separate investigations into changes in the workers’ compensation system nationwide found that cutbacks were hurting injured workers and their families.
Nearly a year ago, ProPublica set out to investigate the extent of changes to America’s workers’ compensation system and the impact they were having on injured workers.
Around the same time, researchers at the federal Occupational Safety and Health Administration independently decided to do the same thing.
On Wednesday, to our surprise, we published our story and OSHA released its report. Both detailed a system decimated by state lawmakers across the country.
Our investigation, in partnership with NPR, found that since 2003, more than 30 states have cut workers’ comp benefits, created hurdles to getting medical care or made it harder to qualify. The changes have resulted in devastating consequences for some of the hundreds of thousands of workers who suffer serious injuries at work each year.
The reductions in benefits have been driven largely by big businesses and insurers, which cite out-of-control costs. But we found that businesses are paying the lowest rates for workers’ comp insurance since the late 1970s. The costs are being shifted to taxpayers, who shell out an estimated $30 billion a year in medical costs and lost wages not covered by workers’ comp.
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Injured Workers Suffer As ‘Reforms’ Limit Workers’ Compensation Benefits
Over the past decade, states have slashed workers’ compensation benefits, denying injured workers help when they need it most and shifting the costs of workplace accidents to taxpayers.
Dennis Whedbee’s crew was rushing to prepare an oil well for pumping on the Sweet Grass Woman lease site, a speck of dusty plains rich with crude in Mandaree, N.D.
It was getting late that September afternoon in 2012. Whedbee, a 50-year-old derrick hand, was helping another worker remove a pipe fitting on top of the well when it suddenly blew.
Oil and sludge pressurized at more than 700 pounds per square inch tore into Whedbee’s body, ripping his left arm off just below the elbow. Co-workers jury-rigged a tourniquet from a sweatshirt and a ratchet strap to stanch his bleeding and got his wife on the phone.
“Babe,” he said, “tell everyone I love them.”
It was exactly the sort of accident that workers’ compensation was designed for.
Until recently, America’s workers could rely on a compact struck at the dawn of the Industrial Age: They’d give up their right to sue. In exchange, if they were injured on the job, their employers would pay their medical bills and enough of their wages to help them get by while they recovered.
No longer.
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We help people like these every day. The “working poor” have no power in our state legislatures and can’t compete with the insurance lobby, which pumps millions into the campaign coffers of our elected representatives. We are the workers’ representatives.
Georgia Citizens’ Constitutional Right to Trial by Jury Under Assault Again in the General Assembly
Atlanta, GA – This morning, legislation was introduced in the Georgia State Senate that – if enacted – would unconstitutionally abolish Georgia citizens’ inviolate Right to Trial by Jury. Known as the “Patient Compensation Act,” Senate Bill 86[i] seeks to strip Georgia patients of their constitutionally-guaranteed ability to hold negligent healthcare providers accountable before a jury of fellow citizens, and instead would circumvent centuries of legal precedent by forcing injured patients’ cases into a bureaucratic system of healthcare providers who would sit in sole judgment over the conduct of their colleagues.
“Senate Bill 86 is an unconstitutional assault on some of Georgia’s most vulnerable citizens,” remarked GTLA President Linley Jones. “For well over two centuries, the Constitutional Right to Trial by Jury has given an opportunity for justice to every citizen of Georgia– including victims of medical malpractice who were harmed through no fault of their own – and to encroach on that right would be to erode the very foundation upon which our state was founded.”
For the past two years, the Georgia Trial Lawyers Association, the Medical Association of Georgia, MagMutual Insurance Company, the Independent Insurance Agents of Georgia, former Georgia Attorney General Mike Bowers and many others have worked in unison to oppose the dangerous proposals set forth this bill.
“Replacing the time-tested civil jury system with a taxpayer-funded bureaucratic government agency would be an egregious infringement on Georgia citizens’ constitutional rights,” continued Jones, “and I strongly believe that Senate Bill 86 would be held unconstitutional if it were to come before the Georgia Supreme Court.
“Senate Bill 86 eliminates all current procedural safeguards, legitimate accountability mechanisms and meaningful appeals processes that are the cornerstones of the Civil Justice System, and I urge our lawmakers to reject this unconstitutional proposal outright,” concluded President Linley Jones.
Medical Malpractice in Georgia
How common is malpractice in Georgia?
You’re hardly alone if you are the victim of malpractice by a medical professional. Every year in the United States, between 15,000 and 19,000 suits are filed against physicians by people who were injured or killed due to alleged malpractice. Every year, as many as 98,000 people in the U.S. die in hospitals due to medical errors. Incredibly, 1.3 million people per year are inured due to medication errors alone. These sobering statistics highlight the very real fact that doctors are not perfect.
The state of Georgia sees its own fair share of malpractice suits every year. When a doctor is investigated for suspected malpractice, the state board pulls a licensure report for him or her as a part of its investigation. According to a 2006 report that was created from information collected by the National Practitioner Data Bank, 1,242 licensure reports were pulled in Georgia in 2006. 1,110 of them were pulled in conjunction with malpractice investigations. Nearly 90 percent of all licensure actions in the state of Georgia, then, are related to malpractice. There’s no doubt about it: Malpractice is a serious issue.
Statute of Limitations
Every state in the country has its own statute of limitations regarding medical malpractice. At just two years, Georgia’s is very prohibitive. The two-year countdown begins on the date on which a person is injured or killed due to suspected malpractice. All too often, people are unsure about how to proceed and wait so long that there’s nothing more to be done. Ideally, malpractice suits should start being developed at least six months to a year before the two-year mark arrives. This allows attorneys plenty of time to build a strong case. Moreover, you must get a signed affidavit from the same medical specialty who believes that the conduct was below the standard of care. This affidavit must be filed simultaneously with the lawsuit or it will be dismissed by the Court.
Filing Malpractice Suits in Georgia
Proving malpractice against a medical professional is very difficult. The process tends to take huge amounts of time and requires exorbitant amounts of money to prosecute. Indeed, it’s not unusual litigation costs related to such suits to meet or exceed the $100,000 mark. When combined with the fact that the evidence that is presented must be extremely clear, convincing and unambiguous, it’s little wonder that many people are reluctant to move forward in the first place. That’s too bad, though, because anyone who is injured or killed due to the negligence of a medical
professional deserves to have his or her rights protected to the fullest possible extent. Further, medical professionals routinely have the right to object to settlement of a case even if the insurance company decides to do so.
Medical Malpractice Trials
Some malpractice suits are settled out of court. The majority, however, end up being tried in court. Hospitals and other medical facilities tend to be quite confident about allowing such cases to go to trial because the evidence must be incredibly compelling. Still, that’s not to say that such cases aren’t won on a regular basis. The average Georgia malpractice verdict or settlement is approximately $306,000, which is the seventh highest average settlement in the country. Medical professionals need to be held accountable when they violate the standard of care and cause injuries and death, so be sure to seek legal help right away if you believe you are a victim of such negligence.
To Prevent Child Heat Stroke Deaths in Vehicles GTLA Partners with KidsAndCars.org
GTLA Partners with KidsAndCars.org to Petition White House to Prevent Child Heat Stroke Deaths in Vehicles
FOR IMMEDIATE RELEASE
Media Contact: Chris Kelleher (770) 355-6052
“Each summer, we experience the heartbreaking news of dozens of senseless and unnecessary deaths of children inside of hot cars,” remarked GTLA President Linley Jones. “In response to these tragedies, we are asking the Obama Administration, DOT and lawmakers to join us in working together with automakers to develop proactive solutions.”
“The technology to detect and protect children in hot cars is relatively simple. What does not exist currently, though, is the necessary level of public demand that has been seen in the past to encourage automakers to add seatbelts and airbags to cars, as well as child safety locks, power window switches and rearview cameras to keep us all safer in and around vehicles. It is our sincere hope that, through this petition, the collective voices of the American people will once again inspire change for the better in our automobiles,” concluded Jones
“The auto industry already recognizes that we’re human and our memories often fail us. You get a warning if you don’t buckle your seatbelt, leave a car door open, your gas is low or when you leave your headlights on,” explains Janette Fennell, founder and president of KidsAndCars.org, the leading national nonprofit group dedicated solely to preventing injuries and deaths of children in and around motor vehicles. “If you forget your keys in the ignition, you get a warning. If a child is left behind, you absolutely need a warning. The federal government and automakers have the ability to solve this problem, and we need action now.”
Personal Injury Attorneys in Macon GA Represent Distracted Driver Victims
Workers compensation in Macon GA legal representatives have extensive experience dealing with distracted driving accidents and negligent injury claims. When you have a competent and aggressive personal injury and workers compensation lawyer on your side, you can rest assured they will take any legal action necessary to obtain compensation that covers economic and other damages. Many studies have shown that texting while driving can cause as much impairment as a legally intoxicated motorist.
Whether you are seriously hurt due to the actions of a distracted driver or suffer workplace injuries in Macon GA, your first step should be contacting a skilled personal injury lawyer. You might be entitled to receive compensation for lost income, medical expenses and property damage. There are specific laws that allow workplace and roadway injury victims to receive accident and workers compensation in Macon GA. Therefore, make certain your legal rights are well protected in these situations.
To Kick Off Distracted Driving Awareness Month GTLA Announces Partnership
GTLA Announces Year-Round Partnership with EndDD.org to Kick Off National Distracted Driving Awareness Month
FOR IMMEDIATE RELEASE
Media Contact: Chris Kelleher (770) 355-6052
Atlanta, GA – In recognizing the start of National Distracted Driving Awareness Month, the Georgia Trial Lawyers Association has announced a year-round partnership with EndDD.org (End Distracted Driving). A campaign that began in 2009 after the death of 21-year-old Casey Feldman at the hands of a distracted driver, EndDD.org has already reached 172,000 students and drivers in 41 different states through a personalized, interactive presentation that gives audiences the facts about the dangers of distracted driving in an engaging, effective and memorable manner.
“Distracted driving on our roads is an increasingly prevalent epidemic that not only puts the driver at risk, but also risks the lives of each and every person around them. In fact, the National Highway Traffic Safety Administration estimates that in a single year, over 5,000 people are killed on U.S. roadways and another 448,000 injured in motor vehicle crashes that involved distracted driving. It is our sincere hope that, through this partnership, Georgia drivers will take seriously the opportunity to commit to adopting safer, more responsible habits on our roadways,” said GTLA President Buck Rogers.
Through this partnership with EndDD.org, the Georgia Trial Lawyers Association’s 2,000 members will be encouraged to deliver GTLA’s customized EndDD presentation in schools, civic organizations and other community groups in a concerted effort to raise distracted driving awareness across the state. Attendees will also be encouraged to sign the Family Safe Driving Agreement, which outlines simple steps that everyone can take to make our roads safer.
“As a father whose daughter was killed by a distracted driver, I have seen first-hand the devastating effect that reckless decisions on our roadways can have,” continued Joel Feldman, a trial lawyer and the Founder of EndDD.org. “Our efforts at EndDD.org have been supported tremendously by trial lawyers across the country, including Georgia. Distracted driving deaths are easily preventable. We must all choose how we will drive, and as parents we should model safe driving every time we have our children in the car with us. Together, we can save lives.”
Michael Wilensky, a Georgia attorney who has presented the EndDD presentation to schools, groups and congregations throughout and around Atlanta for the past two years, remarked, “The presentation put together by Joel Feldman empowers individuals of all ages to make the choice to not drive distracted and to speak up for their own safety when they are in the car with a distracted driver. Through evidence and videos, the presentation shows not only how to identify distractions while driving, but that these distractions go far beyond just talking on a cell phone or texting. The presentation is updated yearly, and each year I receive more and more praise from audiences that the presentation is educational, fun and meaningful; and, while outlining the proper steps to take, it also allows you to make the choice on your own.”
The Discovery Process in Civil Litigation Reveals the Truth, Allows Injured Georgians to Hold Negligent Parties Accountable
Melton v. General Motors Cited as Prime Example of the Link Between the Civil Justice System and the Safety of Georgians
FOR IMMEDIATE RELEASE
Media Contact: Chris Kelleher (770) 355-6052
Atlanta, GA – The Georgia General Assembly is currently considering House Bill 643, legislation that would severely limit the discovery process in all civil litigation and would allow wrongdoers to hide evidence without fear of penalty. And, despite being falsely portrayed as a common-sense, pro-business proposal, the potential far-reaching effects of HB 643 would be devastating for Georgians.
“The Melton case is the poster child for why the discovery rules in Georgia work to not only protect parties in civil cases, but also consumers,” said Attorney Lance Cooper. “Without the current discovery rules, the public would never have discovered the truth about GM’s knowledge of the safety defects in Brooke’s car, and GM would never have been pressured into recalling over 1.4 million cars.”
As a result of the facts eventually brought to light during the discovery process of Melton v. General Motors, GM has been compelled to recall over 1.4 million affected vehicles in the U.S. In addition, the National Highway Transportation Administration, the U.S. House Energy and Commerce Committee, the U.S. Senate Commerce Committee and the United States Attorney’s Office in New York have all opened inquiries or investigations into General Motors’ failure to act on their prior knowledge of this defect.
How many more lives would General Motors have been willing to risk before they admitted to their mistakes? Thankfully, the discovery process saved us from having to answer that question. It is our responsibility to ensure that our civil justice system and our courts demand accountability from irresponsible businesses and not allow them to hide evidence.
“House Bill 643 will make it more difficult to uncover relevant evidence in cases and negligent parties will be able to stonewall during discovery and evade responsibility for their harmful conduct with no risk of sanctions for doing so,” concluded Cooper.
Workers Compensation Lawyer Testimonial by M. Murphy
It has been a stressful time for me, and thankfully, I had Jeff on my side. He looked out for my rights and my best interests. I highly recommend Jeff and his great team he has behind him. I am very thankful for all of his help and guidance. Thank you!! God bless!
Georgia Trial Lawyers Association Selects Inaugural LEAD Program Class