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brain on drugs.jpg
Patients prescribed Reglan or its generic version, Metoclopramide can develop a serious condition known as Tardive Dyskinesia. Reglan is often prescribed for acid reflux disease, for pregant women with morning sickness, for those who become nauseous with migraines, and for breastfeeding mothers and children.

The FDA has issued an alert warning against chronic use of this type of drug and issued a boxed warning. The side effects of tardive dyskinesia are characterized by generally irreversible symptoms that include random movements in the mouth and face, arms, legs, fingers and toes along with swaying body movements.

In order to determine if you have a case against a drug manufacturer due to the use of Reglan or Metoclopramide, you need to have met the following three conditions:

1. You took Reglan or Metoclopramide longer than 90 days.

2. You have been diagnosed with Tardive Dyskinesia or other movement disorder.

3. You have been off the drug for longer than 90 days.

Conservative estimates state that more than two million people use products containing metoclopramide in the U.S. alone. The FDA has reported that use of drug products such as Reglan or those containing metoclopramide is the most common cause of these induced movement disorders. If you are one of the many Americans who have been injured from use of this drug, it is important that you seek legal advice to protect your rights.
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If you have been diagnosed with a liver transplant or liver failure due to taking Tylenol, it is absolutely essential that you meet with an attorney to discuss your legal rights. Here are some of the most important conditions:

1. You have been actually diagnosed with liver failure or a liver transplant.

2. You had been taking either Tylenol or Acetaminophen (generic version of Tylenol) which caused the liver problem.

3. It can help your case if you still have the bottle, receipt, or remember the store you bought it from.

4. It can also help if you are able to tell your lawyer whether it was prescription or nonprescription.

If you took Tylenol or another pharmaceutical drug and it injured you instead of helping you get better, you may be able to bring a product liability claim. Drug companies have been notorious about putting profits over patient lives and unfortunately, the FDA, whose job is to regulate unsafe foods and drugs often finds the problem too late.

We represent real people who have been injured as a result of a variety of unsafe drugs, including but not limited to:

Tylenol Reglan Avandia Yazmin Paxil Drugs that cause Stevens Johnson Syndrome
Defective drugs come in all types of packages and can cause serious injury including death. Products liability cases are filed by a person or person’s family member who has suffered injury or death due to the negligence of a pharmaceutical company manufacturing or designing a dangerous drug. This is why strong consumer safety laws are so essential so that the public is protected from harm.
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contract.jpgHow do I get out of a contract? This is never an easy question. Many times we are asked: can I get out of (rescind) my contract? So today we would like to briefly discuss contract rescission is Georgia.

In Georgia, contract rescission has been held to be the complete abrogation (abolishment or cancellation) of a contract. The circumstances which allow parties to rescind a contract, generally, involve three (3) situations:

1. Both parties agree to rescind the contract, known as “mutual assent”;

2. The contract is rescinded because of fraud; or
3. A party (you) may be allowed to rescind a contract because the opposite party failed to perform in accordance with the contract terms.

If you are able to rescind your contract, it will be rescinded “at law” or “in equity.” Rescission “at law” applies to situations involving fraud, while rescission “in equity” involves the power of a court of equity to “undo” a contract.

We are often confronted with situations where a person wants to undo a contract because of fraud. If your claim is that someone fraudulently induced you to enter a contract, you have the option to either affirm the contract or sue in breach of contract. What is important for you to know is that in these types of cases Georgia courts require the defrauded party, you, to act with “promptness.” That means:

1. When you discover that you have been defrauded, you must act promptly to “restore or offer to restore to the other party (the party that you allege defrauded you] whatever he has received by virtue of the contract if it is of any value”; and

2. Upon discovery of the facts–that you have been a victim of fraud–at once announce your purpose to rescind the contract, and adhere to it.

Again, once you discover that you have been defrauded and take the position that you do not want to adhere to the contract, you should not waiver from that position. If you do waiver, and your action is interpreted as “affirming” the contract, despite the fact that you are claiming fraud, you will significantly impair your ability to rescind the contract at a later point. Once you lose or waive your right to rescind a contract, you most likely will not be able to revive that right.

In addition, if you do not act promptly upon discovering the alleged fraudulent conduct, but instead proceed with fulfilling certain obligations of the contract, or act in a manner inconsistent with your previous repudiation of the contract, a Georgia court may find that complaining about fraud during litigation is: too late.

There are more issues involved in contract rescission, especially those involving claims of fraud. And the issues are complex. You need a good lawyer who understands the law and its nuances and how to apply that law to the facts of your case, in order to maximize your position both at trial and the negotiating table.

We recommend that you contact a good lawyer, immediately, once you realize or think you have been defrauded with respect to a contract.
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Contract Newer.jpgAs you know, people sign contracts everyday. Contracts solidify agreements between, friends, professionals, consumers, tenants and companies. That said, you may (or may not) be surprised to hear that the issue regarding the failure of one party to read a contract before signing it, comes up, frequently. Generally, the party that failed to read the contract has been a victim of fraud or mistake. So the question then becomes: does your failure to read a contract before signing it mean that you cannot recover because of fraud or mistake? The answer is not so easy, in Georgia.

Generally, Georgia law presumes that parties to a contract have read the contract before signing it. So when a party states that he or she failed to read a contract, Georgia courts first determine whether that person is literate or illiterate.

A literate person who fails to read a contract has a tough road, because he or she has to show:

(1) An emergency at the time of signing that would excuse the failure to read; or
(2) That the opposite party misled you by artifice or device (trickery) that prevented you from reading the contract; or
(3) That a fiduciary or confidential relationship existed between you and the opposite party upon which you relied in not reading the contract.

Be mindful that Georgia courts take this issue very seriously, so excuses such as “I was in a hurry,” or “I was too busy,” or “I forgot my reading glasses” will not suffice.

Moreover, even if you were able to prove that a confidential or fiduciary relationship existed (see number [3] above), you must show that you relied on that relationship in not reading the contract. That means: if a confidential relationship exist, but you failed to read the contract because you were in a hurry (not because of the confidential relationship), then you will most likely lose, before a court in Georgia. This all makes sense because whatever agreement you and another party deemed important enough to put in writing, should also be important enough to read before signing, at least in the opinion of Georgia courts, notwithstanding legal exceptions (see above).

Regarding an illiterate party, he or she may generally rely on the representations made by another party. However, to be safe, an illiterate person should have the contract read to him or her because, in Georgia, an illiterate party must exercise ordinary care in ascertaining the contents of a contract before signing it. This also applies to those parties who are unable to read English.

Ultimately, the facts of your case as they apply to Georgia law will strongly influence the outcome of your case. If you failed to read a contract and that failure has resulted in you being a victim of fraud or mistake, we suggest you contact a good lawyer.
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3380698228_eeec3387dd.jpgUnfortunately, recent studies and an FDA alert have shown that high flow intra-articular (post-operative) pain pumps may be the likely cause of sever cartilage damage and joint pain in the shoulder, and possible other joints too. The pain in the shoulder is medically known as postarthroscopic glenohumeral chrondrolysis (PAGCL), which is a debilitating condition that requires constant medical attention and, many times, surgery.

The FDA has spoken on this issue, mandating that pain pump manufactures warn patients and physicians about the potential debilitating effects of these pain pumps. In fact, the FDA sent notice to manufactures stating that “the FDA did not clear pain pump infusion devices using the anesthetics for “intra-articular” or joint surgery. The pumps are approved to be used after abdominal and other surgeries, such as hysterectomies.”

If you are using a pain pump to regulate pain, due to surgery on your shoulder, back, knee or hip, you should consult your doctor immediately, especially if you are experiencing the following symptoms:

1. Decreased range of motion in your shoulder;
2. Popping in your shoulder;
3. Weakness in your shoulder; or 4. Continual pain in the shoulder area.

A manufacture’s failure to warn about a foreseeable or reasonably foreseeable, negative effect may give rise to a legal claim against that manufacture. Product liability claims are complicated and typically, very protracted. You will need a very effective attorney, who knows how to maximize your position at the negotiating table and in the court room.

If you or someone you know has been injured by an intra-articular pain pump, or have been diagnosed with postarthroscopic glenohumeral chrondrolysis (PAGCL), call Williams Oinonen because you may have a claim against the pain pump’s manufacture. We give an initial consultation.
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med image.jpgToday we would like to briefly discuss some of the steps you can take to avoid medical errors, in general. Although we help victims of medical errors seek justice and compensation, the best solution is to be informed, so you can avoid ever needing an attorney due to a tragic experience caused by medical error.

Medical errors can leave you or a loved one with severe physical injuries and emotional pain and suffering. As you know, medical errors can happen in a variety of places such as hospitals, clinics, out patient surgery centers, doctors’ offices, nursing homes, pharmacies and patient homes. On this blog, we have written about prescription errors, physician errors, nursing errors, and dental errors, to name a few. And these errors typically involve medicines, surgeries, diagnosis, and lab reports. Now we would like to discuss a few steps you can take to help avoid medical errors.

Many medical errors occur when doctors and their patients do not communicate effectively. In fact a recent study supported by the Agency for Healthcare Research and Quality found that doctors need to help their patients make informed decisions. Patients who are uninformed will logically be more susceptible to making errors regrading their medical care. So what can you do:

1. Be involved in your healthcare treatment– This could be the single most important thing you can do: participate, be an active partaker in all decisions that affect your health. Research shows that being active in your health care treatment leads to better results.

2. Make sure that you inform your doctor about all medications you are taking, including herbal remedies, vitamins, and over-the-counter drugs.

3. Make sure your doctor knows about any allergies or adverse reactions you have had to certain medications. This will help avoid prescription errors, doctors giving you the wrong medication.

4. When your doctor writes you a prescription, make sure you read it. Too many times, we pass off illegible prescriptions as “doctor talk.” You must ensure that you read the prescription given to you and that you understand it. Think about it: if you can’t read your doctor’s handwriting, there is a good chance, your pharmacist may not be able to read it either.

5. When you receive your medication from your pharmacist, double check, by asking if the medicine you are being given is indeed the medicine your doctor prescribed. The last thing you want is the wrong medication.

6. Read the label on your medication before you leave your doctor’s office or the pharmacy. If you don’t understand how to take your medication, ask the pharmacist or your doctor.

7. Ask for written information about the side effects that your medication may cause.

8. Regarding hospitals, you should consider choosing a hospital that has treated many patients affected by your same illness. You should also consider asking anyone who comes in direct contact with you, to wash his or her hands (bacteria infection can cause serious illness).

9. When you are discharged from a hospital, ask the doctor to explain your treatment plan.

10. How new is the doctor who is treating you? (Regardless of whether he or she is an emergency room doctor or in-patient doctor.)

We’ve come across a recent article that talks about how “greenhorn” doctors (“newbies”) have casued a serious spike in “fatal medication errors” throughout the United States. A recent study found that in counties with “teaching” hospitals, fatalities due to medication errors spiked each July, the same month that new doctors begin their residency.

Regrettably, even after taking some of the above-mentioned precautions and more, people will still be the victims of medical error. If you are one of those unfortunate people, call Williams Oinonen LLC today, because we will represent your case with zeal and ethics, with a view towards doing what’s best for you, always.
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fraud Pic.jpgFraud comes in many forms, such as Internet fraud (scams), real estate fraud, and consumer fraud. Thousands of people are victims of fraud every day, leaving many with a deep gut-wrenching feeling, once they realize they’ve been mislead/scammed. If you have been a victim of fraud, you may be able to do something about it, legally.

After realizing you are a victim of fraud, the question becomes: how can I recover what I lost? If you decide to contact a lawyer to help you recover against whomever defrauded you, the essential question for your attorney is: how do I prove fraud? That task is not as easy as you may think.

Briefly, In Georgia, there are generally two types of fraud: actual fraud and constructive fraud. We will talk briefly about actual fraud, which involves five (5) key elements: (1) a false representation by the defendant; (2) knowledge that the representation is false or with reckless disregard as to whether it was true; (3) an intent to induce you to act or refrain from acting based on the knowingly false representation; (4) reasonable reliance by you on the knowingly false representation; and (5) damage done to you because you reasonably relied on the false representations made by the defendant.

The strength of your case will depend on how well the facts of your situation apply to the above-mentioned five elements, amongst other Georgia laws. Significantly, Georgia courts do acknowledge that fraud many times can be difficult to prove. Consequently, Georgia courts have recognized that fraud is, itself, subtle and therefore slight circumstances, and their supporting facts, may be sufficient to support a favorable verdict for the plaintiff, you.

However, not every act of fraud means that you have a claim against a defendant, in Georgia. For example, what if you suffered no damages due to the fraudulent act (see element five [5] above)? If there is no damage, then there may be no case. Or, what if you unreasonably and/or unjustifiably relied on a knowingly false representation (see element four [4] above)? If relying on a false representation makes no sense, given the surrounding circumstances, then, again, you may not have a case.

In addition, many times what people think is fraud, may not be recognized as such, by Georgia courts. For example, a mere breach of a contract does not necessarily amount to fraud. Bad faith in falling to carry out an obligation may not rise to the level of fraud, either. Then again, there are situations where breach of contract and bad faith do rise to the level of fraud and thus you may have a claim, which may involve punitive damages, which is an award of money given as punishment to deter future, similar conduct.

There are other issues to consider, such as statute of limitation concerns and constructing your complaint so that it meets the requirements of Georgia law.

I think you get the point: fraud cases can be very complex, so you need a good attorney that understands the law in this area. Williams Oinonen LLC can help maximize your recovery by evaluating your case thoroughly.
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Oinonen Law Group LLC will be changing the firm name to Williams Oinonen LLC to reflect the solid, winning partnership between attorneys Ms. Julie Oinonen and Mr. Mario Williams.

Mr. Williams and Ms. Oinonen work in all areas of trial litigation with a special focus on personal injury, consumer law, and business litigation, as well as a political consulting practice which specializes in opponent research, media messaging, ads, and campaign strategy.

Williams Oinonen LLC will continue their mission to protect the rights of those injured or harmed due to a wrong or injustice. The trust and respect provided each client reflects the commitment brought to winning the case.

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Whistle Blower.jpgWhistleblower 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.
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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.”
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Atlanta, GA 30326
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Fax: 404-592-6225
Email: julie@goodgeorgialawyer.com

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