Finch McCranie, LLP

Medical Malpractice Awards At Record Lows

A study released by Public Citizen found that medical malpractice payments were at or near record lows in 2008, but suggests the decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved.
Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from medical errors for every one who receives a payment for any malpractice claim, according to Public Citizen’s analysis of medical malpractice payment data and
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One Million Dangerous Playpens Recalled

Many Atlanta residents trust the safety of their young children to playpens. However, the Consumer Product Safety Commission is expected today to announce a recall of one million Kolcraft play yards.
The recall of the portable playpens, some of which include changing tables or bassinets, follows hundreds of complaints of collapsing sides and reports of 21 injured children. The playpens were made in China and distributed by Kolcraft Enterprises Inc. of Chicago.
According to press reports, a Kolcraft spokeswoman, confirmed the recall.
Since September 2007,
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Bone Fusion Agent May Be Dangerous

A bone growth agent used in thousands of spinal fusion surgeries for neck pain has been linked to complications and higher cost, according to the first nationwide study of the product. Spinal fusion is one option for people with back and neck pain, although some researchers have questioned how well it works.
In a spinal fusion, a surgeon removes the disc between two vertebrae and replaces it with the patient’s own bone, BMP or another product. If successful, new bone grows and fuses the vertebrae
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Tylenol and acetaminophen dangers

Adverse prescription drug reactions are more common than most consumer are aware, and can have serious consequences, including death. Seeking to address these problems, a Food and Drug Administration panel has recommended new limits on acetaminophen, the main ingredient in Tylenol. Acetaminophen is the most commonly prescribed drug in the U.S., and commonly used in other drugs and remedies such as cough and cold medicines.
Acetaminophen overdoses are the main cause of liver failure in the U.S. Accidental acetaminophen overdoses kill about 100 people
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No Injuries or Deaths Reported Following Georgia Parking Deck Collapse

Miraculously, there have been no reported injuries or deaths following an accident in Atlanta, Georgia. Yesterday a portion of a concrete parking deck in downtown Atlanta collapsed near the intersection of Spring and 5th Streets, damaging or destroying 38 vehicles. The deck is a pre-fabricated, pre-cast concrete structure that was built eight years ago. The cause of the “pancake collapse,” where a section of the fourth floor fell onto the third, second and first floors, is still under investigation. Although the pre-cast concrete components
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Parking Deck Collapse

Atlanta is the scene of another structural collapse. It has just been reported that a parking deck collapsed in the area of Spring and 5th Streets in the midtown area of Atlanta. At this time there are no reports of injuries or deaths, but the efforts of firefighters and rescue personnel to access the collapsed areas have just begun.
Our Atlanta, Georgia, lawyers have investigated and filed lawsuits in numerous construction and structural collapse cases. The most notable was the collapse during the building of
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MIxed News For Victims Of GM Product Liability Cases

Product liability suits, especially those involving autos and trucks, generally involve life altering injuries and death. As a result of the recent bankruptcy of General Motors Corp., many of the pending and future claims involving GM products stood to be wiped out, leaving the victims with no recourse against the manufacturer. As part of its government-backed restructuring plan, GM wants to sell the bulk of its assets to a new company and leave behind unprofitable assets and other liabilities such as product-related lawsuits.
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Zicam Products Alleged To Be Dangerous Products

Federal officials are warning consumers to stop using Zicam, a popular cold remedy because they say that it could damage or destroy the users’ sense of smell. The Food and Drug Administration (FDA) has received 130 reports of people who lost their sense of smell after using Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs.
The products were introduced by Matrixx Initiatives of Scottsdale, Arizona in 1999. In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users
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Judge Rules Grout Cleaner Liability Suits Can Go Forward On Negligence Claims

Georgia injury lawyers see people seriously injured by dangerous products of all types. Many dangerous products result in the wrongful death of their users. A grout cleaner which was once sold by Home Depot is one product alleged to have been dangerous. Dozens of product liability lawsuits over injuries allegedly caused by the tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multi-district litigation, U.S. District Judge Thomas W.
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Dangerous Products Can Cause Serious Injuries or Death

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of dangerous products. The type and nature of these dangerous products runs the gambit. Products liability in Georgia has arisen primarily as a negligence concept and even today remains the most viable theory of products liability in terms of jury comprehension. It was announced this week that a federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile

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Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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Products Liability-Manufacturers Are Responsible For Dangerous Products

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the designer, manufacturer and/or seller can be held accountable for any injuries or deaths that result. There are a number of different types of product liability cases.
Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.
Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way
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