Finch McCranie, LLP

ERISA Plan Can Disgorge Money From Attorney and Client According To 6th Circuit

The United States Court of Appeals for the 6th Circuit has issued an important opinion in an ERISA case. In Longaberger Co. v. Kolt, No. 08-4432 Nov. 16, 2009. the court held an ERISA plan could enforce its reimbursement rights against an attorney who obtained a personal injury settlement on behalf of an insured.
The attorney negotiated a $135,000 settlement on behalf of a client who was involved in an automobile accident. Only $1,000 remained in his lawyer’s trust account after disbursing $86,000 to the
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Volvo Issues Recall For Seatbelt Defect

Our Atlanta automobile product defect attorneys have written many blogs critical of automobile manufacturers for delaying or resisting recalls of dangerous products. Now Volvo deserves credit for quickly and voluntarily issuing a recall due to a dangerous defect. Volvo is recalling 9,667 of its 2010 XC60s, most of them in the United States and Canada, because in a crash test the driver’s seat belt came undone.
The Insurance Institute for Highway Safety conducted a side-impact test on the XC60 in early October of this
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Acetaminophen (Tylenol Ingredient) Continues To Kill

We just read of another incident in which an Atlanta area young man died as a result of an “overdose” of acetaminophen, the aspirin-free pain reliever found in Tylenol. Many people believe acetaminophen is one of the safest painkillers on the market. If used properly it is safe, but, it is also the leading cause of acute liver failure in the United States.
Taking just slightly more than the maximum recommended dose for a few days can be toxic, even deadly.
We have previously blogged
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Atlanta Pedestrian Dangers

Atlanta pedestrians are subject to many dangers. Transportation For America, a consumer advocacy group has ranked the metro area as the 10th most-dangerous city for pedestrians in 2007-2008. The group said there are 5,000 preventable pedestrian deaths in the U.S. every year.
The group assessed 52 metropolitan areas on how dangerous they are for pedestrians. The 10 worst for pedestrians in 2007-2008 were: Orlando, Fla.; Tampa, Fla.; Miami; Jacksonville, Fla.; Memphis; Raleigh, N.C.; Louisville, Ky.; Houston; Birmingham, Ala.; and Atlanta.
According to the study, Atlanta
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Hormone Replacement Therapy and Breast Cancer:

The Women’s Health Initiative has issued warnings in the past that certain hormone replacement medications have the ability to harm many women. For example, Prempro is a drug that has been taken by as many as 6 million women in just one year. Statistically, it did not seem that the increased risk of developing breast cancer from using this hormone replacement therapy was all that great. Statisticians stated that there would be a .08% additional case of breast cancer for every 10,000 women that did take Prempro as opposed to those that did not.

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“98,000 Reasons” Why Medical Negligence and Medical Malpractice Remain a Public Health Danger

As Congress debates providing and paying for health care, another huge “cost” must not be forgotten: the cost of medical errors and medical negligence.
According to conservative estimates, 98,000 Americans annually die because of preventable medical negligence. Many more suffer life-changing injuries.
A terrific website, 98,000 Reasons, describes many of these stories of preventable injuries and deaths. Please visit it, as reducing medical errors saves innocent lives, and reduces costs of health care.

Makers Of Dangerous Foreign Made Products Have Protections Not Available To U.S. Companies

Our Georgia product liability lawyers have filed many lawsuits against foreign manufacturers for dangerous products introduced into commerce in the United States. In these actions it is sometimes very difficult to find and serve the manufacturer in a foreign country.
This problem has now come into the spotlight as the result of the Chinese wallboard epidemic facing many unsuspecting consumers across the United States. The problem is enormous. By some accounts as many as 100,000 homes across the United States, built between 2004 and
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Consumer Finance Bill Proceeds In Congress

Our Atlanta consumer lawyers often have to inform wronged consumers that they have no remedy under the law. We see this very often in the investment, credit, and banking areas. Legislation that, if enacted, will provide greater protection to investors was approved by a committee of the U.S. House of Representatives last week.
At the same time, the full House approved a bill to accelerate restrictions on abusive practices by credit card companies that had been signed into law last May. That law was scheduled
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Supreme Court Tackles Prosecutorial Immunity

The United States Supreme Court heard arguments Wednesday in a very interesting case. The question before the Court in Pottawattamie County, Iowa, v. McGhee and Harrington is : Do citizens who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed?
Most public officials have qualified immunity, which means that they can’t be sued personally for actions taken in the course of their public duties unless it can be shown
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Toyota Sudden Acceleration May Be More Than Mat Problem

Our Georgia product liability lawyers have been monitoring the Toyota recall due to uncontrolled rapid acceleration. Several weeks ago, Toyota announced the biggest recall in its history. The Japanese automaker issued a safety advisory urging Toyota owners of over 3.8 million cars and trucks to remove driver side mats from their vehicles.
It initially was announced that the floor mats were the sole cause of these sudden acceleration incidents. Now, ABC news is reporting that the cause may be something much more complicated than the
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How to Recognize Medical Malpractice in Your Healthcare

In healthcare, trust between patients and medical professionals is paramount. 

Patients place their well-being in the hands of doctors, nurses, and other healthcare providers, expecting to receive the highest level of care. 

However, there are instances where medical malpractice can occur, leading to adverse consequences for patients. 

This article aims to guide you on recognizing medical malpractice in your healthcare. 

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Product Liability Insurance: What Businesses Need to Know

In a world where product-related lawsuits are rising, businesses must be well-prepared to protect themselves against potential liabilities.

Product liability insurance is a crucial aspect of risk management that every business should consider.

This article will delve into the details of product liability insurance, why it is essential for companies, and how to choose the proper coverage.

Understanding Product Liability Insurance

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Medical Malpractice and Healthcare Reform: Current Challenges and Solutions

In healthcare, the importance of addressing medical malpractice cannot be understated.

This article delves into the intricacies of medical malpractice and the urgent need for healthcare reform.

We will explore the definition of medical malpractice, its impact on patients and healthcare costs, the current state of healthcare reform, and propose solutions to this ongoing issue.

Understanding Medical Malpractice

Defining Medical Malpractice

Medical malpractice refers to the professional negligence of healthcare providers that harms patients.

This negligence can occur through acts of omission or commission.

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Navigating the Medical Malpractice Claims Process

Medical malpractice can be a daunting and emotionally charged experience, but understanding the claims process can help you navigate this complex terrain.

This article will guide you through the essential steps of pursuing a medical malpractice claim.

Understanding Medical Malpractice

Medical malpractice refers to instances when healthcare professionals fail to meet the standard of care expected within their field, causing harm to a patient.

It includes a range of actions, such as misdiagnosis, surgical errors, medication mistakes, and more.

Common Types of Medical Malpractice

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Anatomy of Product Liability: Causes and Consequences

Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for producing and selling defective products or posing a consumer risk. 

It is a critical aspect of consumer protection, ensuring that products are safe and reliable. 

This article will delve into the anatomy of product liability, exploring its causes and consequences.

The Basics of Product Liability

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Medical Malpractice Insurance: What You Need to Know

Medical professionals, including doctors, nurses, and other healthcare providers, are dedicated to saving lives and providing quality care to patients.

However, medical errors and malpractice cases can occur despite their best efforts.

Medical malpractice insurance is a crucial safeguard for healthcare professionals and organizations.

This article will delve into the intricacies of medical malpractice insurance, its importance, and what you need to know about it.

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Navigating Professional Malpractice in Atlanta: Your Path to Justice and Compensation

Professional malpractice, in any field, can be a distressing experience for those who have placed their trust and resources in the hands of professionals. 

Like any major city, the need for competent and ethical professionals is crucial in Atlanta. 

Unfortunately, there are instances where these professionals may fail in their duties, leading to a dire need for a professional malpractice attorney in Atlanta.

What Does a Professional Malpractice Attorney Do?

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Understanding Product Defect Injuries: Causes, Consequences, and Your Rights

In today’s consumer-driven world, we rely on many products for our daily needs, from household appliances to automobiles.

While most products are designed and manufactured with the utmost care, there are instances where defects can lead to injuries.

This article will delve into product defect injuries, exploring the causes, consequences, and your rights as a consumer.

What Are Product Defect Injuries?

Product defect injuries occur when a consumer sustains harm due to a defect in a product they have purchased or used.

These injuries

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Understanding Product Liability Class Action: Protecting Consumers’ Rights

Product liability class actions have become increasingly prevalent in today’s consumer-driven world.

These legal actions empower consumers to seek justice when a defective product has harmed them.

This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.

What Is a Product Liability Class Action?

A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively

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Unveiling the Truth: Medical Malpractice Investigation

In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.

Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.

This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,

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