Finch McCranie, LLP

Dangers From MS Drug Tysabri

Many drugs which offer promising cures when first introduced later prove to be ineffective or even dangerous. One that falls in the dangerous category is Tysabri, manufactured by Biogen, Inc. Tysarbi is a prescription medicine approved for patients with relapsing forms of MS. It has been shown to slow the worsening of disability that is common in patients with MS and decrease the number of flare-ups or relapses of the disease.
However, Biogen recently reported the ninth confirmed case of progressive multifocal leukoencphalopathy (PML)
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ATV Liability – Do You Have Insurance Coverage Under Your Homeowners Policy?

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate

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Medical Errors At VA Hospital Concealed

Our Atlanta medical malpractice attorneys frequently see cases in which the practices engaged in by physicians are questionable. Yet in many instances the practices are so egregious that one has to wonder how the medical establishment could allow them to occur or continue. Yesterday, the New York Times reported just such a situation at a VA Hospital in Philadelphia.
In a common treatment for prostate cancer, doctors implant dozens of radioactive seeds in the prostate to attack the cancerous cells. But, according to reports,
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Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children
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Zicam Recalled for Dangerous Effects

Yesterday, the Food and Drug Administration (FDA) warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell, a condition called anosmia.
The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.
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ATV Accident Results in Serious Injury and Criminal Charge

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained

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Medical Malpractice Awards Decrease

Medical malpractice claims in Georgia are constantly coming under fire from insurance companies and doctors who allege they raise the costs of medical care through increased insurance costs to doctors. For many years our Atlanta based attorneys have watched as these large insurance companies and medical groups spend massive sums to influence politicians to enact legislation eroding the rights of innocent victims of medical negligence.
A recent study in New York has exposed these false arguments.Data from the National Practitioner Data Bank show 1,882
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Police Chase For Non-Violent Crime Turns Deadly

We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither
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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part III)

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are
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Employer Liability For The Acts of Employees

Under Georgia law, employers are vicariously liable for the acts of the employees provided such acts are performed within the scope of their employment. If an employee is working on behalf of an employer and is acting within the scope of his or her duties, an employer will be liable if the employee negligently injuries a third party. The reasons for such liability are due to the fact that the injury arose out of and was caused by the performance of duties being performed on
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Mediating Personal Injury Claims

In a case where an innocent victim is victimized by the negligence of a third party, whether it be as a result of the negligent acts of a truck driver or due to medical malpractice committed by a doctor, a question often arises: Should a claimant in such a case consider mediation as a way of resolving their claims against the negligent defendant? Experience indicates that mediation is successful approximately eighty percent (80%) of the time so logic would dictate that all serious personal injury
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Cadillac Recalls SRX Vehicles

The Georgia injury lawyers at Finch McCranie, LLP have represented victims of dangerous products for over 40 years. These products which range from defective automobiles to defective humidifiers can cause serious injury or even death if they malfunction after being purchased by the innocent consumer.
Just last week, General Motors recalled over 4000 2010 Cadillac SRX crossover vehicles because of power steering problems. According to the company, power steering fluid could leak, causing a fire in the engine compartment. All of these cars were manufactured in 2009.
Although this may not seem like a significant problem, it could potentially be very dangerous if the vehicle were to catch on fire after being parked in a home garage or carport. Ford Motor Company found out they had significant exposure when Ford F series trucks with defective cruise control switches caused such fires. Those fires lead to a recall by Ford.

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Employer Liability for Employee Acts: Who Decides?

In a case where an injured party brings a claim against a person who caused them injury and that person’s employer, a jury question is often present as to whether the negligent employee was acting within the scope of his or her employment at the time they inflicted the injury upon the innocent third party victim. As long as a disputed issue of material fact exists, only juries can determine whether an employee was acting within the scope of their employment and/or acting solely for
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Tire Failures Are The Cause Of Many Of Georgia’s Automobile and Truck Accidents

Georgia injury lawyers often see car accidents and truck accidents caused by tire failure. A tire failure can also be the precipitating event in a vehicle rollover case. The causes of these tire failures vary but include manufacturing defects, road hazards and failure to keep the tire properly inflated.

In any motor vehicle crash where a tire failure is suspected, it is crucial to preserve the vehicle and especially the tires and rims so that they can be inspected by experts. Georgia injury lawyers know experts who can timely inspect and evaluate the evidence and who can testify at trial, if necessary.

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Tractor-Trailer Truck Tire Tread On Georgia Highways Is A Growing Problem

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Just a few weeks ago a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of retread rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig. This death should not have happened. Recently I got a call from the mother of the girl and we discussed the growing problem of road debris and in particular, large pieces of tractor trailer truck tire tread littering our highways.

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Offers Of Judgment: An Assault On The Civil Justice System

In Georgia there is a bad law on the books that was passed by the Republican dominated Legislature as part of its so-called effort at “tort reform.” We refer here to the provisions of O.C.G.A. § 9-11-68, the Georgia Offer Of Judgment statute. This statute provides that a party may make an offer of judgment to another party in a pending case in which the offering party agrees to settle the case for a specified sum. Thereafter, if the party to whom the offer is made fails to settle for the offer and later fails to obtain an award of at least seventy-five percent (75%) of the amount of the offer, then the party making the offer of judgment may petition the court for payment of its attorney’s fees from the date the offer was made until the less favorable award or loss.

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Georgia Couple Injured In Motorcycle Accident When Rear Tire Blew

Motorcycle riders are especially vulnerable to serious injury or death when involved in an accident with a careless driver. While many drivers fault the motorcyclist, we at the Finch McCranie firm know that most motorcycle operators are responsible, cautious individuals. Defective tires, or design problems with the motorcycle itself, can also cause a motorcyclist to crash. In such cases, the victims may have a viable products liabilty case against the manufacturer of the product.

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Cords On Window Blinds Continue To Kill

Cords on window blinds continue to kill an average of one child a month, despite a 16-year federal push to make them safer.
According to safety groups, a new voluntary industry rule on window blind cords does not address all strangulation risks to children and ignores input from consumer advocates.
The voluntary standard just published by the Window Covering Manufacturers Association (WCMA) prohibits accessible inner cords on Roman shades but still allows long draw cords. Inner cords weave between the slats of horizontal blinds or
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Premises Liability Cases In Georgia

Recently, the Georgia injury lawyers at Finch McCranie, LLP successfully represented an elderly woman who was injured while shopping in a large, nationwide department store. While walking towards a clothing display that caught her attention, she tripped and fell over an empty wooden shipping pallet which had been left in a main aisle. As a result of her fall, she sustained a serious back injury. When questioned under oath, the manager could not say how long the pallet had been there or even who placed it there. He conceded that the empty pallet was serving no purpose (having been emptied) and that it presented a potential danger to customers. He also conceded that warning cones should have been placed to warn customers of the potential danger.

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