Savannah Attorney makes his case to the City

Image by bjepson via Flickr

Attorney Howard Spiva was supposed to be speaking to City Council at a Thursday morning workshop about whether the city was failing to properly trim and maintain trees and whether that was putting the city at risk for increased injury claims.

Spiva represents Shanta Greene, 29, who filed a claim against the city after she lost her right leg and suffered other crushing injuries in July 2010. A massive tree branch fell and impaled her in the passenger side of a pickup as it headed along Bee Road at 42nd Street. Spiva began his presentation showing television coverage of the accident and her recovery.

“Once I saw the outline, I knew I had been bamboozled,” Johnson said. “What we got was a full-fledged court presentation ... designed to sensationalize the injury and invoke sympathy. I hope that I have not jeopardized the city’s position.”

Spiva says he told city officials from the beginning he wanted to talk about an injury claim. He asked council to direct its attorney and Risk Management staff to negotiate a settlement rather than risk losing a jury verdict that could cost the city substantially more.

Greene has had more than 40 surgeries. Spiva said she has incurred more than $760,000 in medical expenses and seeks at least $2 million more for future medical costs and loss of income. The city has denied her claim.

“Either meet to mediate,” Spiva said, “or we file suit and the war begins.”

When Greene later was wheeled into the room, council members were clearly uncertain about whether to acknowledge her. Alderwoman Mary Osborne shook Greene’s hand and spoke to her, and others eventually mumbled condolences. Johnson turned away in his chair, which, Greene said, offended her.

“I went in there as the victim” she said. “I felt like the enemy. (The mayor) just turned around like I was nothing. And I voted for him.”

With cameras trained on him while asked about it later, Johnson was dignified, but clearly angered by the implication he had no sympathy for Greene.

“Of course I feel sympathy for her,” he snapped. “She has suffered a catastrophic injury that has changed her life forever. The conflict I felt was how do I express sympathy for her while still maintaining responsibility for this city and its purse strings?”

Johnson tried to call a halt about halfway through Spiva’s presentation, saying he wanted to seek an opinion from City Attorney James Blackburn. The presentation was far different than he anticipated, he said.

On Blackburn’s advice, and with Spiva demanding the right to continue, Johnson allowed the last part of Spiva’s presentation. In it, Spiva showed city records that he says proves the city had prior knowledge of the rot and damage to the tree. City records also show, he said, the city had been called out previously to deal with rotting limbs from the tree.

Cooper Lens and Avaira Lens Recall Georgia and Florida

Nearly 5 million contact lenses shipped to consumers are being recalled by CooperVision Inc. in an expanded action that includes a second Avaira brand that may be contaminated with silicone oil residue and linked to blurred vision, eye injuries and severe pain.

CooperVision Inc. officials on Tuesday added Avaira Sphere contact lenses to an August recall of Avaira Toric lenses because certain lots failed to meet quality standards because of the oil residue, according to a press release from the company’s Pleasanton, Calif., office. Denise Powell, a company spokeswoman, said the line produced 6.6 million Avaira Sphere lenses affected by the recall, but 4.9 million were actually shipped.

The move comes after the federal Food and Drug Administration issued a Class I warning about the products and pressured the company last month to increase public notice about the recall of nearly 780,000 Avaira Toric lenses. Class I recalls are the most serious kind and involve problems in which there is a reasonable chance of serious adverse health consequences or death.

As of late October, the FDA had received at least 40 reports of problems associated with various CooperVision contact lenses, agency records show. At least 15 mentioned Avaira Toric and at least two mentioned Avaira Sphere, according to data shared by Phyllis Entis, who maintains the eFoodAlert blog. An FDA official was not available to discuss the new recall Tuesday.

Dozens of Avaira Toric users reported problems ranging from hazy vision and pain to severe injuries, including torn corneas, which required emergency medical treatment. Company officials were accused of issuing a “stealth recall” in August that left many consumers unaware of the problem.

Company officials noted that no product lines other than Avaira Toric and Avaira Sphere use silicone oil to manufacture the products. The firm expects to set aside a reserve of $9 million for the costs of the expanded recall. All told, the company expects to spend $23.2 million on the Avaira recalls, according to the press release.

Consumers with problems or questions related to the recalls should contact the company at 1-855-526-6737. The firm says it has reached out to affected consumers to ensure their safety.

Defective Contact Lens Lawsuit

If you or a loved one have suffered or been injured by defective CooperVision Avaira Contact Lenses you may be entitled to compensation and justice. Call Us 404-451-7781