BLG Wins $825,000 for Motorcycle Accident Victim with Brain Damage

BLG founding partner Charles B. Tanksley recently obtained a settlement in the amount of $825,000.00 in a case pending in the Superior Court of Paulding County.  The case involves a 56 year-old motorcyclist injured when he was forced to lay his bike down to avoid a motorist that pulled out in front of him.

The incident was initially written up by the investigating officer as a single vehicle accident, stating that the motorcyclist simply lost control of the motorcycle and overturned in the median of State Road 120 at the intersection with Evans Mill Drive in Paulding County.

As a result of a thorough investigation by BLG, an eyewitness was identified who had been traveling immediately behind the motorcyclist.  The witness testified on video deposition that a white SUV pulled in front of the motorcycle, placing the fault with the driver of the SUV.

BLG used 911 recordings to identify the driver of the SUV.  In addition, a passenger of the SUV stated during the 911 call that “[the driver] must not have seen the cyclist and [the cyclist] was trying to avoid us when he wrecked.”

BLG Wins Appeal In Medical Malpractice Case

When a child is injured during the birthing process, Georgia law requires parents to bring a claim to recover the future medical expenses within two years of the negligent act, even though the child has seven years to file suit.  But what happens when you didn’t realize and weren’t told there was medical negligence surrounding the birth?

Parents represented by BLG recently won an appeal answering this question because evidence was uncovered during the case that the medical providers concealed important information from the parents, including that the baby’s breech presentation was not determined upon admission, that there were fetal heart decelerations during the birthing process and that there was a 33-minute gap just before the birth, where no fetal heart rate was recorded.  The hospital also redacted the time stamps from the lab reports to make discovery of the negligence more difficult.

Despite that more than two years has passed, the parents still sued asserting the medical errors caused their baby to suffer brain damage and develop cerebral palsy.  The suit also claimed that the medical providers tried to hide their mistakes by saying the baby was not deprived of oxygen during the birthing process.  After BLG uncovered many misrepresentations that were made to the family, the nurse midwife and hospital defendants sought to dismiss the parents´ claims for future medical expenses as untimely.

In a 19-page opinion, the Georgia Court of Appeals held that the evidence was “sufficient to create a jury question on the issue of whether Defendants´ deliberately misrepresented and withheld information.”  The appeal successfully reversed a trial court ruling that would have prevented the parents from recovering the cost of future medical care to treat cerebral palsy until she was 18 years old.

This is a significant case for other victims of medical malpractice because it expressly reaffirms that “a physician has a fiduciary duty to inform his patient of any injury or negligent mistreatment [and that the patient] has the right to rely upon what her physician tells her.”  Therefore, when a doctor, nurse or hospital doesn’t give a full disclosure about what happens in a medical procedure, the time to sue for medical negligence can be tolled.

$11M Class Action Settlement Against Fortis

A Fulton County State Court Judge has given preliminary approval for the settlement of a class action lawsuit against Fortis Benefits Insurance Company (FBIC) and others.

The case alleges that FBIC improperly raised health insurance premiums based on length of time the policy was in force and medical condition of policyholders. Notice of the settlement with an opportunity to participate in the $11 million settlement will be mailed to more than 5,700 Georgians by June 14th who purchased an Upper Midwest Employer Group Individual Medical Plan (UMEG IMP) issued by Fortis Benefits Insurance Company from 1996 through July 2008.

Daniel S. Kahn, DC, brought suit in 2004 claiming that certain Georgia laws and regulations imposed limits on the amount of renewal premiums that could be charged for small group health insurance that was marketed and sold to Georgia small business owners and individuals. The trial court certified the case as a class action lawsuit in 2008 and a settlement agreement was reached after the Supreme Court of Georgia denied review of the Court of Appeals decision to affirm a Fulton County trial court’s class certification order.

The case is reported as Fortis Ins. Co. v. Kahn, 299 Ga.App. 319, 683 S.E.2d 4 (2009), cert. denied (2010).

 

Unanimous Supreme Court Ruling Favors Client Represented by Barnes Law Group

In a unanimous ruling, the Barnes Law Group scored an appellate victory for a Marietta family when the Georgia Supreme Court rejected claims by a mistress of a millionaire Marietta auto dealer, finding she was not entitled to receive an annuity of $7,900 a month for the rest of her life.

The Barnes Law Group successfully recovered this money and property back for the Estate of Harvey Strother. The Supreme Court further agreed with the Barnes Law Group that the mistress was not entitled to other gifts including property in Florida and Cape Cod.

Barnes Law Group Wins $12 Million For Georgia Small Business Owners in Premium Refunds Class Action

The case challenged the methodology used by the insurance companies to set renewal premiums for health insurance and claimed that business owners were charged too much.

BLG’s John Salter Named to 2010 Super Lawyers Rising Stars

Congratulations to BLG attorney John F. Salter, who was recognized for the third year as a Rising Star by Super Lawyers magazine.

Salter was also recognized as a Rising Star in 2006 and 2009.

Click here to view Salter’s award information on the Super Lawyers webpage.

Unanimous Supreme Court Ruling Favors BLG Client

In a unanimous ruling, BLG scored an appellate victory for a Marietta family today when the Supreme Court of Georgia rejected claims by a mistress of a millionaire Marietta auto dealer, finding she was not entitled to receive an annuity of $7,900 a month for the rest of her life.

BLG’s legal team successfully recovered this money and property back for the estate of Harvey Strother.  Also, the Supreme Court agreed with BLG that the mistress was not entitled to other gifts including property in Florida and Cape Cod.

 

BLG’s John Salter Named to 2009 Super Lawyers Rising Stars

Congratulations to BLG attorney John F. Salter, who was recognized for the second year as a Rising Star by Super Lawyers magazine.

Salter was also recognized as a Rising Star in 2006.

Click here to view Salter’s award information on the Super Lawyers webpage.

 

BLG’s Roy Barnes Named to 2008 Georgia Legal Elite

Congratulations to BLG founding partner Roy Barnes, who was recognized for the second year in a row as one of Georgia’s “Legal Elite” by Georgia Trend magazine.
Barnes was recognized as one of the best in the state for his personal injury work.

BLG’s Roy Barnes Named to 2007 Georgia Legal Elite

Congratulations to BLG founding partner Roy Barnes, who was recognized this month as one of Georgia’s “Legal Elite” by Georgia Trend magazine.
Barnes was recognized as one of the best in the state for his pro bono work.