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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Products Liability Claims Based On Failure To Warn

All manufacturers have a duty to warn consumers of dangers associated with the use of their products. An example of this would be drug manufacturers who dispense and promote the sale of prescription medication with known side effects. Warnings of these side effects must be provided to consumers so that they can make informed choices before they use such products. However, many different products in the marketplace have risks attendant with their use and consequently it is incumbent upon the manufacturer to warn the public
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Suing Restaurants And Lounges For Serving Alcohol To Visibly Intoxicated Patrons

The Dram shop theory of liability is a legal doctrine which essentially holds that restaurants and lounges who serve noticeably intoxicated patrons with alcoholic beverages knowing that they are soon to drive can be held liable to third parties who are injured by such drunk drivers. Drunk driving is a major problem in this country and those vendors, including specifically restaurants and lounges, who serve visibly intoxicated patrons should be held legally liable for the damages inflicted by their customers. Responsible restaurant chains and lounges
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Tire Failures Cause Many Automobile and Truck Accidents

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

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Malfunctioning Products And Wrongful Deaths

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

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Wrongful Death Of A Child Where The Parents Are Divorced Or Separated

Georgia has an “equitable apportionment” statute which essentially states that either parent of a deceased child, when divorced, separated or living apart, may file a lawsuit for the wrongful death of their child, notwithstanding the divorce or separation. In such a case, the parent that brings the wrongful death case does so in a fiduciary capacity proceeding not only on their on behalf but also on behalf of the divorced/separated spouse who obviously also has a legal interest in the death of their child.

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Punitive Damages In Georgia Wrongful Death Actions

In Georgia, as a general rule, punitive damages are not allowed in a wrongful death action. Commentary in various legal decisions have indicated that because damages in a wrongful death are somewhat punitive by nature that an award of additional punitive damages would be inappropriate. While punitive damages may not be collected in a wrongful death action per se, nonetheless, because of the unique provisions of Georgia law which confer upon the personal representative the right to bring a claim for property damage and/or
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How Does A Jury Calculate The Full Value Of The Life Of The Decedent?

In a wrongful death action, as indicated in other entries, juries in Georgia are permitted to award both economic and non-economic damages for the “full value of the life of the decedent.” We have written before about the intangible elements of the non-economic damages and the calculations that one would argue to a jury that would be appropriate in establishing lost wages over the earning lifetime of the decedent.
In calculating damages for the full value of the life of the decedent, obviously, every
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Road Debris On Georgia Highways Can Kill

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. Not a week goes by that we do not see a significant amount of road debris laying in the middle of Atlanta highways. Just last week 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 rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig.

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Using Annuity Mortality Tables In Wrongful Death Actions

Under Georgia law, there is a statutory Annuity Mortality Table which was passed into law in 1949. This table is commonly referred to by Georgia lawyers as “The Annuity Mortality Table 1949 Ultimate.” The figures in this table have been used for years in wrongful death actions and are still relied upon by juries today in assessing damages. Essentially, the Mortality Table shows that if a person has lived to a certain age that it is likely they will live a certain additional number
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Proving Damages For The Wrongful Death Of A Child

Obviously, the heartache, trauma and tragedy of losing a child is unspeakable. And yet, as set forth in prior entries, the measure of damages under Georgia law is not from the standpoint of the parents who sustained the loss of a child but rather from the standpoint of the child who lost their life. This can be difficult for any lawyer to prove because a child does not have proven earning’s records nor is the child’s future easily predicted. Typically, because parents who lose children
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