Georgia Injury Lawyer Blog

Whistleblower lawsuits are one of the most effective ways to expose illegal and dangerous practices within large corporations oftentimes by current or former employees who courageously step forward to report the wrong through the legal process.

For example, our good friend Mr. Reuben Guttman, Director at Grant and Eisenhofer and one of the foremost whistleblower attorneys in the country, is lead counsel in a stunning whistleblower suit against one of the largest pharmaceutical companies-- Wyeth, now owned by Pfizer. In this case, two former hospital sales representatives exposed the drug company's dangerous practice of illegally promoting a kidney transplant drug (Rapamune) for unapproved uses. Even worse, the drug company is alleged to have targeted African-Americans, even though they are at high risk of complications.

Mr. Guttman's legal complaint alleges that Wyeth encouraged its sales force to promote the drug Rapamune for heart, liver and pancreas transplants, misrepresent, and withhold clinical information regarding the safety of the drug. As a result of the drug company's wrongdoing, patients were put at risk of serious physical and financial harm including life threatening side effects caused or exacerbated by the drug including anemia, liver failure, inhibited wound healing, blood clots, death and more.

Perhaps the most shocking allegation is that the drug company targeted African American patients for unapproved use of this drug, focusing on two hospitals with predominantly black patient populations--New York's SUNY Downstate Medical Center and Philadelphia's Einstein Medical Center. Some hospitals, including the Mayo Clinic raised concerns that patients given the drug were experiencing very serious side effects and yet the drug company was doing nothing to intervene.

Important information to consider if you are deciding to become a whistleblower:

In many whistleblower cases, courageous employees who step forward to "blow the whistle" are often eligible to receive a portion (usually about 15 to 25 percent) of any recovered damages. Some successful plaintiffs have recovered millions of dollars in whistleblower cases.

One important factor to consider is that the information that you "blow the whistle on" must not already be public information. The Public Disclosure Bar, found in 31 U.S.C. §3730(e)(4) states that a court shall not have jurisdiction based upon public disclosures of allegations or transactions in "a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of information."

This bar eliminates actions when the whistleblower (also known as a "relator") has an action based upon specific types of information unless they can prove that he or she is the original source of the information.

Consequently, as a whistleblower, it is important to be the first source of information of the fraud because generally that is only the person who is entitled to a financial award.

Continue reading "It Pays To Be A Whistleblower ----Exposing Your Company's Dangerous and Illegal Practices" »

The following are some of the legal implications regarding bullying at schools in Georgia:

1. A school must not violate 42 USC Section 1983 by acting under color of state law by tolerating a custom or practice of bullying which leads to a deprivation of a student's constitutionally protected rights.

2. Disabled students are protected under Section 504 and the IDEA which has the purpose "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; to ensure that the rights of children with disabilities and parents of such children are protected." See 20 USCS §§ 1400.

3. Under Georgia law, O.C.G.A. §20-2-751.4 (2010), Policies prohibiting bullying; (b) Each local board of education shall adopt policies, applicable to students in grades six through twelve, that prohibit bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system.

4. Additionally under Georgia law, O.C.G.A. §20-2-751.4 (2010), Policies prohibiting bullying; (b) Local board policies shall require that upon a finding that a student has commited the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalities for violating the prohibition by posting such information at each middle and high school and by including such information in student and parent handbooks.

5. Furthermore, pursuant to Georgia law, O.C.G.A. §20-2-751.4 (2010) (c), Policies prohibiting bullying; (b) any school system which is not in compliance with the requirements of Georgia bullying laws will be ineligible to receive state funding. Thus if a school has been on notice that students have repeatedly bullied someone over three times, and yet none of these students have been assigned to alternative schools, it puts the school system out of compliance with the requirements for state funding eligibility.

6. Students who threaten to assault other students are guilty of criminal laws prohibiting assault and battery.

7. Bullying is a direct violation of student's right s under the Georgia Constutiton which states in the Bill of rights Paragraph One: "No person shall be deprived of life, liberty, or property except by due processof law." And Paragraph Two: "Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws."

Continue reading "Bullying Part Two: Legal Implications" »

More toxic, poisonous toy jewelry bracelets for kids have been recalled. These were bracelets that were sold at Claire's as having high levels of harmful cadmium.

Federal regulators released the recall of children's jewelry due to dangerous levels of the toxin cadmium saying they are expanding their investigation in order to keep these dangerous products out of stores to begin with.

The U.S. Consumer Product Safety Commission announced that inspectors at 10 of the nation's largest ports are now screening children's jewelry, often imported from China, for these toxic chemicals.

A voluntary recall of about 19,000 "Best Friends" charm bracelet sets manufactured in China and sold at the jewelry store Claire's, over 3,000 stores which are located in North America and Europe.

Agency scientists confirmed independent test results that were reported by AP in January, which showed high levels of cadmium in the "Best Friends" bracelet.

"Cadmium is toxic if ingested by children and can cause adverse health effects," said the recent recall announcement. Medical research shows that cadmium in high levels is a known carcinogen which can cause cancer, harm bones and kidneys.

Consumers should immediately take away bracelets from any children, and can return them to Claire's for replacement or refund.

It is unknown why Claire's waited four months to agree to a recall for the "Best Friends" bracelets it had sold in the year before the Associated Press coming out with the investigative story. This recent recall was the third one initiated because of the Associated Press's investigation.

Continue reading "Dangerous Toys Recalled, Risk of Injury to Children" »

The best way to resolve a bullying problem with the school is to try and take a non-adversarial collaborative approach. If that doesn't work, you can pursue other legal means to protect your child's rights. But the best strategy is to try and resolve it with the school principals and teachers as part of a team, using a non-adversarial approach if at all possible.

In order to protect your child's rights, and insure that you can reach a positive resolution, it is important to document all communications in writing. Getting your child's teachers, principals, guidance counselor, and other school administrator's email addresses is an important first step. Rather than coming across adversarial, be polite but firm in all emails, telephone calls, and face to face conversations. Let them know that you appreciate their commitment to educating children and ask for help. Let them know that your child is in danger at school and does not feel safe.

Ask for a meeting with the school principal and teachers to address this problem and work out a strategy for how to handle future bullying incidents. Let the school administrators know that you expect them to implement zero tolerance for bullying policies, enforce Georgia law, and to punish the kids who are bullying in addition to informing the parents of those involved.

After the meeting, document the results of the meeting in writing via email or letter to the principals and teachers, confirming the plan that was set in place to protect your child and thank them for helping you resolve this issue.

If communicating with the principals, teachers, and school administrators fails to work, there are other steps that you can take to solve your child's bullying problem. Here are a couple suggstions to keep in mind:

1. If another child or teenager assaults your child (e.g. punches them in the face or gravely injures them) consider pressing charges. You shouldn't go to the local police station in instances when dealing with a minor. Rather, you can contact the school resource officer and you can file a report with the local juvenile court to file an official complaint against the juvenile delinquent for unruly behavior. This will show both the bully and the bully's parents that you mean business and will not tolerate or accept your son or daughter to be the victim of violence and harassment.

2. Consider hiring an attorney. A good attorney will understand the legal implications and duties that the school has to prevent your child from becoming the victim of incessant bullying.

Continue reading "Resolving Bullying Problems In School For Your Child Part One" »