Finch McCranie, LLP

Window Blinds Recalled

Window blinds sold under the IKEA and Green Mountain Vista labels were the subject of a recall announced today by The Consumer Product Safety Commission. About 677,300 window blinds and shades sold in the United States were subject to the recall.
The recall was prompted by the death of a 1-year old girl from Greenwich, Conn., who choked to death when in April when she got caught in the inner cord of a set of IKEA Roman blinds which had been placed over her playpen.
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Defective Products, Burn Injuries and Fire Cases: A Deadly Combination

Our firm has handled several tragic wrongful death cases involving children who have died in fires caused by defective products such as a space heater or air purifier. Each year, approximately 500 children under age 14 are killed in house fires. Such fires are estimated to have injured many thousands more. What we have seen here in our practice is mirrored by the national experience. Indeed, the most common causes of burn injuries among children emanate from hair curlers, space heaters, ovens, ranges, gasoline, fireworks
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Yamaha Rhino Utility Terrain Vehicle Rollovers – Unsafe at any Speed?

It was learned last week that Federal safety officials are investigating the Yamaha Rhino, which has been linked to 30 deaths. The Consumer Product Safety Commission (CPSC) decision to investigate the Yamaha Rhino was based on accident and death reports involving the vehicle as well as the high number of product liability suits that have been filed by people who claim they were injured using this product. Unlike another class of off-roaders all terrain vehicles (ATV’s), are subject to safety standards. Unfortunately the
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Skin Warning Issued about Alcoholism Therapy Drug

As Georgia injury lawyers we often see people who have been injured by dangerous prescription drugs. The Federal Drug Administration (FDA) is now warning doctors about severe skin reactions in alcoholism patients who use Vivitrol, an injectable treatment made and marked by Cephalon, Inc. Doctors and patients should watch for swelling, injection, and other complications where the drug is injected. The FDA emphasizes that the proper needle must be used when administering Vivitrol. Also, the drug should be injected into muscle, not fatty tissue.
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Insurance Industry Tricks

According to a report by the American Assocaition for Justice, the U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEOs more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom line even further. The current economic turmoil affecting the insurance industry onWall Street has only made the outlook bleaker for consumers living on Main Street. Insurance companies are likely to demand huge
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Traumatic Brain Injury- Georgia Motorcycle Accidents

In November of 2000, while ballots were being counted in Florida, I stood in the trauma unit of the Orlando Regional Medical Center with my daughter who had been assaulted. Over the month she was there, one helicopter after another landed on the roof of the trauma unit delivering victims of automobile accidents and motorcycle accidents with severe injuries. Many of them died and many of them sustained severe brain injuries. Many of those traumatic brain injuries occurred because the person riding the motorcycle
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Serious Accidents -Traumatic Brain Injury

In our Georgia injury practice our lawyers have seen many serious accidents, including automobile accidents and truck accidents, which result in brain injury of varying degrees. Traumatic Brain Injuries (TBI’s) contribute to a substantial number of deaths and cases of permanent disability annually. The Centers For Disease Control (CDC) estimates that at least 5.3 million Americans, about 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.
The severity
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Feeling Unusually Fatigued after Brain Injury?

Over the years, we have noticed that client’s who have suffered a brain injury as a result of an automobile accident or truck accident often complain about feeling unusually fatigued or tired. An interesting study confirms that following a recovery from brain damage, patients may have to use more of there brains then they did before the brain trauma.
The study published in the September 9th issue of Neurology found that patients who sustained diffuse axonal injury and returned to pre-injury levels of functioning in
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Arbitration Clause Stricken By Court of Appeals

The 2nd U.S. Circuit Court of Appeals has issued a ruling which begins to chip away at the anti-consumer arbitration clauses used by many credit card companies to deny justice to consumers. The court held that plaintiffs could not be forced into arbitration because American Express was not a signatory to the MasterCard, Visa and Diners Club credit card agreements that
In the multidistrict currency conversion case, cardholders are claiming that card companies and major issuing banks have engaged in a Sherman Act conspiracy to
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Georgia Injury Lawyers Will Closely Watch A Dangerous Drugs Case

Georgia injury lawyers will closely watch an upcoming U.S. Supreme case having to do with dangerous drugs and the doctrine of pre-emption. The Supreme Court is scheduled to hear arguments today in a case that has major implications for consumers who have been harmed by prescription medications. Drugmaker Wyeth Pharmaceuticals and the Bush administration are challenging a $6.7 million verdict to a Vermont musician whose arm was amputated after medical staff improperly administered the Wyeth-produced drug Phenergan. Wyeth and the administration argue people who
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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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