Finch McCranie, LLP

Atlanta Police Chase Results In Death

We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.

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Bike-Car Accidents Often Result In Death Or Serious Injury

The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an
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Drunk Driving Statistics Released

At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.

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Brain Injuries and Death Often Result From Falls

As Georgia personal injury lawyers we have represented many people who have died or sustained serious injuries as a result of falling. Many of them are senior citizens and many of the accidents are a result of dangerous conditions caused by the negligence of stores, restaurants and other businesses. Although the elderly most fear breaking a hip when they fall, a government study indicates that hitting their head can also have deadly consequences. Brain injuries account for half of all deaths from falls.
The
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Atlanta Consumers Affected By Recall of Play Yards

The Atlanta based lawyers with Finch McCranie LLP frequently receive calls about children injured by products specifically designed for their use. Last Thursday, the U.S. Consumer Product Safety Commission, CPSC, recalled 200,000 potentially deadly Fisher-Price’s Rainforest play yards.

Approximately 1,350 people had complained to the CPSC that one or both sides of the Rainforest play yard had collapsed. There were numerous reported injuries that included a broken nose, a mild concussion and a broken wrist. The play yards are often used as portable cribs and have a bassinet attachment. When the rails collapse, babies can fall out, get trapped or gain access to unsafe areas.

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Georgia Connection To Salmonella Outbreak

The current salmonella outbreak has a Georgia connection. The Food and Drug Administration announced yesterday that peanut butter and peanut paste made from ground roasted peanuts, manufactured in Peanut Corp.’s Blakely, Georgia, plant were found to contain the bacteria.
The FDA is advising consumers to not eat foods that contain peanut butter until they can be they are sure they do not contain salmonella contaminated products manufactured by the Peanut Corp. of America.
To date six deaths may have been connected to this salmonella outbreak,
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Georgia Governor Proposal LInked To Medical Device Approval Which Was Slammed By GAO Report

The Governor of Georgia has proposed legislation endorsing a system that the Government Accountability Office (GAO) castigated in a report issued yesterday. The GAO concluded that almost twenty years after Congress directed that all high-tech medical devices be subjected to a thorough review by the Food and Drug Administration (FDA), before being placed on the market, the FDA still approves most such devices after minimal testing.
This report is especially timely since the Bush administration has long argued that FDA testing and approval shields the
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Dangerous Cribs Sold in Georgia Recalled

The Consumer Product Safety Commission announced that about 535,000 Stork Craft Baby Cribs have been recalled. These cribs pose an entrapment and suffocation risk. The CPSC has instructed customers to stop using the products immediately.

The cribs were made by Stork Craft Manufacturing Inc. and were manufactured and sold between May 2000 and November 2008. They came in a variety of styles and finishes.

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Drug Maker May Enter Record Settlement With Government

Eli Lilly, the drug company, according to a report in the New York times, is expected to agree as soon as Thursday to pay $1.4 billion to settle criminal and civil charges that it illegally marketed its antipsychotic drug Zyprexa for unauthorized use in patients particularly vulnerable to its risky side effects.
The company has been charged with scheming to concvince doctors to prescribe Zyprexa for patients, children and older persons, for whom the drug was not federally approved. Studies have shown that the drug
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Georgia Illnesses Linked To Salmonella in Peanut Butter

Our Atlanta lawyers have had experience in bringing actions based upon foodborne illnesses such a salmonella. The salmonella outbreak across the nation has been potentially traced to peanut butter. A recall has been issued for peanut butter distributed by King Nut Companies of Solon, Ohio. The peanut butter was supplied only through food service providers and was not sold directly to consumers. King Nut has challenged the recall contending it could not be the source of the nationwide outbreak since it distributes to only seven
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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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