Finch McCranie, LLP

Product Liability Claims Involving Byetta

Three new lawsuits were filed in the state of California in September concerning the injectable diabetes drug Byetta. The lawsuits allege design defect and inadequate warnings of the drug’s alleged links to pancreatitis. The lawsuits name the manufacturer, Amylin, and the marketer, Eli Lilly, as the named defendants in the suit.
Byetta is a injectable drug for adult Type 2 diabetes. The principle ingredients of the drug are a derivative of the saliva of the Gila Monster, a lizard found in the southwestern United States.
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Brain Injuries Cause Half of Seniors’ Fall Deaths

As Georgia trial lawyers we have handled a wide variety of slip and fall injury cases. While serious injuries from falls can occur at any age, it can be particularly serious for senior citizens. The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls. The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the
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Car Accidents, Personal Injury and Tort Reform

Not only must Georgia car accident, truck accident, and other personal injury victims fight the insurance companies to get a fair shake, but now days they must also swim against the tide of so-called “tort reform.” Brainwashed by propaganda, bought and paid for by the most dangerous industries and their insurers, potential jurors naturally come into court believing that all injured litigants are exaggerating – or worse. Sadly, we taxpayers often end up paying the medical and other bills that the wantonly, careless and dangerous
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Georgia SUV & Pickup Truck Rollovers -The Importance of Electronic Stability Control

Severe personal injuries – often including spinal paralysis, closed head injury brain damage, and even death – frequently result from vehicle damage that is sustained in rollover car accidents in Georgia and other states. According to April 19, 2007 Status Report published by the Insurance Institute For Highway Safety, nine vehicles, all SUV’s and pickups, have more than 75 deaths per million vehicles in single vehicle rollover crashes, compared with an average of 24 in all 2001-04 vehicles during 2002-05. This higher rate is largely
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Sovereign Immunity: An Antiquated Doctrine With Harsh Results

When I speak to potential clients about claims against government employees and entities, they are often startled to learn about the antiquated but harsh doctrine of sovereign immunity. Many states have made changes to their laws to minimize the impact of this legal doctrine upon the innocent. However, in many circumstances, states like Georgia still employ the doctrine to defeat the claims of those injured by government actors. While some improvements in the law have been made, regrettably, they have not been sufficient to address
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Van Accidents

Large vans are frequently used to transport college and other school sports teams, commuters, students, day care children, the elderly, and church groups. The accident rates for these vans are alarming.
According to the National Safety Transportation Board, between 1994 and 2004, there were 1,512 fatal crashes involving 15-passenger vans. In 2004 alone, 120 occupants of 15-passenger vans died in crashes involving these vehicles A total of 642 of these were single-vehicle crashes and 515 of the vehicles rolled over. More than half of the
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Soccer Goal Recall

About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child. The recalled goals were manufactured in China. Anyone having one of these goals should remove it immediately.
The Consumer Product Safety Commission said a 20-month-old boy from Texas was strangled when his head and arm became entangled in the net of one of the recalled goals.
The gaps in the recalled nets are about 20 square inches, which is a dangerous size according to the CPSC. The
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Spanair JK5022 (Update): Abogados especializados en casos de Litigacion Internacional de choques aereosdente aereo

Spanair JK5022: Creo que le interesaría ver este video animado, el cual fue preparado por la firma Kreindler:
http://www.kreindler.com/kreindler_news/news_current/Spanair5022-Full-animation-video.html
Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).
__________________

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Legal Remedies for Victims of Sexual Assault

In our serious injury practice, regrettably, we have seen more and more cases involving sexual assault. These cases arise in of a variety of contexts. We have seen assaults on minor children committed by third parties (such as school or church officials), we have seen sexual assaults on wards of mental institutions committed by employees entrusted with their care and we have seen sexual assault cases involving rape where there has been negligent or gross security by apartment complexes where, for example, the tenant is
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Zyprexa Documents Unsealed

Highly respected Judge Jack B. Weinstein of the United States Federal District Court in Brooklyn decided on Friday to unseal confidential materials about Eli Lillys top-selling antipsychotic drug Zyprexa.
Judge Weinstein’s ruling was part of an order that gave class-action status to a case brought by insurance companies, pension funds and unions that allege Lilly owes them billions of dollars they spent on the drug. They allege that Lilly hid the side effects of the drug and marketed it for unapproved uses.
The Judge ordered
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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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