Finch McCranie, LLP

Food Poisoning Danger – Recall Due To E. coli

Our firm was recently retained to represent a gentleman who almost died after he consumed a meal at a restaurant in south Georgia. It seems like our food supply is not as safe as it used to be. Time and time again we hear and read about horrific food poisoning injury cases, some resulting in death.
The U.S. Department of Agriculture reported this week that a New Jersey-based meat processor has voluntarily recalled 331,582 pounds of frozen ground beef products that may be contaminated with
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Effort to Control Hospital Infections

In an analysis made public this week, Consumers Union, the publisher of Consumer Reports Magazine, compared data compiled by the Federal Centers for Medicare and Medicaid Services showing compliance with infection control measures for hospitals in Maryland and Virginia.
Consumers Union is advocating a bill before Congress that will require hospitals to publish their infection rates. The analysis determined that the hospitals in both states generally performed about as well as hospitals nationwide. But, according to the study, the hospitals in each state varied greatly
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Gadolinium Contrast Agent – A Dangerous Drug Under Investigation

Many of us who have handled serious personal injury cases, including those involving brain injury have seen MRI’s performed using various contrast agents for years. One of those agents does not appear to be as safe as once thought. Gadolinium, or gadodiamide, is a contrast agent which allows an MRI to define normal tissue from abnormal tissue in the brain and body. The FDA declared Gadolinium safe for use in contrast MRI’s in 1988.
In June 2006, the FDA first notified health care professionals and
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Avandia – A Dangerous Diabetes Drug

Avandia was approved by the FDA in May 1999 for use in improving control of blood sugar levels in Type 2 diabetics. Since its approval, Avandia, which is manufactured by GlaxoSmithKline, has been used by more than seven million people worldwide and is, today, being used by over one million Americans.
According to a study on Avandia conducted by the Cleveland Clinic which was published on May 21, 2007, by the New England Journal of Medicine, the popular drug is linked to a greater risk
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Defective Hernia Repair Mesh Patch Recalled

The Composix® Kugel Mesh Patch is used to repair inguinal, ventral and laparoscopic hernias. The purpose of the patch is to keep the intestines in the abdominal cavity. The patch is typically placed behind the hernia defect by means of an incision. The patch is then held open by a memory recoil ring.
The Composix® Kugel Mesh Patch was recently recalled by its manufacturer, Davol, Inc., a subsidiary of C.R. Bard, Inc., after it was discovered that the memory recoil ring can break under stress
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Serious Injury Settlements–Are They Taxable?

Many people we have represented in serious personal injury cases whether they workplace accidents, trucking accidents, automobile accidents or dangerous products have asked whether settlement proceeds or payments made to an injured party as aresult of a jury verdict are taxable. The general rule is that those payments are not taxable.
The Internal Revenue Code provides, “Except as otherwise provided”, gross income for the purpose of calculating Federal income tax includes “all income from whatever source derived”. Sec. 61(a). This definition is sweeping in scope,
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If You Are Injured In A Motor Vehicle Collision – Do’s and Don’ts

In Georgia, the driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.
In
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Report Underscores Dangers of Medicines

A recent study reported in the Archives of Internal Medicine has concluded that reports to the Food and Drug Administration of dangerous side effects and deaths from widely used medicines almost tripled between 1998 and 2005. The number of deaths and serious injuries from prescription and over-the-counter drugs climbed from 34,966 to 89,842 during the time period.
Powerful narcotic painkillers such as Oxycontin, were among 15 drugs most often linked with deaths in the study. Other drugs such as insulin, the arthritis drugs Vioxx and
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Closed Head Injuries and Brain Damage

Any trial lawyer who has ever handled a closed head injury case knows that brain damage can occur even if there is no direct blow to the head. Quite literally, the brain is like a bowl of Jell-O. If the head is shaken, the brain moves within the skull and due to acceleration and rotational forces, not necessarily direct blows, the brain can be damaged. Nor does an injury have to be severe to cause lasting brain injury. In short, a closed head injury without
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Consumer Drugs and Serious Injuries: A Growing Problem

According to an article that appeared in the U. S. News and World Report on September 10, 2007, the number of serious “adverse” drug events more than doubled between 1998 and 2005 in the United States as did a number of related deaths. Adverse event reports are filed when a doctor or hospital realizes that a patient has suffered a serious drug event that has resulted in death, hospitalization and/or other life threatening complications which requires medical intervention to prevent harm. Between 1998 and 2005,
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Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

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Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
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Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
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Punitive Damages In A Wrongful Death Context

Because damages in a wrongful death context are measured from the standpoint of the decedent and are considered under Georgia case authority to be somewhat punitive since the damages include compensation for the full value of the life of the decedent, in a wrongful death case, per se, punitive damages cannot be sought. However, in a case where there has been pre-impact fright and terror, pain and suffering associated with injuries prior to death and/or property damages sustained by the estate, the estate can
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Estate Claims In A Wrongful Death Context

As we have posted before, in a wrongful death context, the heirs-at-law have a claim for damages for the full value of the life of the decedent whereas the Administrator of the estate has a claim for pre-death damages. In some cases involving serious injury, the injured individual may live for a time prior to death. If, in such a hypothetical case, the individual incurs substantial medical expenses and experiences significant pain and suffering prior to death, the estate of such a decedent is
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Voices Insisting On Pursuit Safety: Heroes At Work

This entry is written in tribute to a little known non-profit association called Voices Insisting On Pursuit Safety. http://www.pursuitsafety.org/ VIPS is a group of dedicated volunteers who are trying to save lives through their work. Each of the members of this group unfortunately have experienced tragedies in their own lives typically as a result of a police pursuit gone bad. The board members of Voices Insisting On Pursuit Safety are those who have lost loved ones in tragic police pursuits where there was a reckless disregard of proper police procedure in the decision to either initiate the pursuit and/or recklessly continue the same in the face of dangerous circumstances, resulting in the death of an innocent family member caught up by happenstance in the chase.

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Another Police Chase: More Deaths

Another Police Chase: More Deaths
We read last week on the internet of a tragic story out of Parsons, Kansas. Unfortunately, the Kansas story is all too familiar and occurs each and every day in this country. What we refer to are dangerous and reckless police chase cases which regrettably and tragically all too often result in the deaths of innocent members of the public, unconnected to the chase, who just happen to be in the wrong place at the wrong time. The report we read out of Parsons, Kansas was one such occurrence.

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Non-Economic Damages In A Georgia Wrongful Death Case

As we have posted before, in Georgia the measure of damages is the full value of the life of the decedent. The full value of the life of the decedent is comprised of the economic value of the deceased’s normal life expectancy and the non-economic loss sustained at the time of the wrongful death. As to the non-economic component, this includes the joy of living itself, the loss of society, affection and companionship of a wife, children and other family members and generally what the
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Determining Economic Damages In A Wrongful Death Claim

In determining the economic value of a deceased’s life in Georgia, a jury is not bound by any fixed criteria in reaching its verdict. A Georgia jury may take into consideration the decedent’s age at the time of his/her death, heredity, health, physical condition, habits, character, education, prior earning capacity, the amount of money he or she was earning at the time of his death, any reasonable probability of increase or decrease or reduction in wages or salary, loss of employment, the probability of the
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Wrongful Death Damages: The Economic Component

The economic value of a wrongful death claim in Georgia is typically based upon lifetime earnings or the economic value of lifetime services. In a wrongful death case, a plaintiff must prove by a preponderance of the evidence the age of the decedent when he/she died, probable life expectance and yearly income or the value of such services. From such evidence a jury can compute the gross cash value of the deceased’s economic losses based on remaining life expectancy.
In a hypothetical case where
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