Finch McCranie, LLP

Drug Liability Issues Raised By Questionable Relationships Between Doctors and Drug Companies

In many of the medical negligence and pharmaceutical liability cases our lawyers handle, we find numerous perks being provided to prescribing physicians by drug companies.
The New England Journal of Medicine, the most prestigious medical journal in the country, has published an article concerning the relationship between doctors and drug companies. The article reports that several United States Senators have introduced a bill in the United States Congress that would require manufacturers of drugs and medical devices with annual revenues of more than $100 million
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Pharmacy Error Kills Small Child

On June 15 of this year, we wrote an article on this blog about how pharmacy errors were causing serious injuries and wrongful deaths at an alarming rate on a nationwide basis. The problem about which we wrote unfortunately was the topic of a headline article in the news today concerning the death of a 3-year old child in Gainesville, Florida. This child died from a medication overdose. Instead of receiving the prescribed dose of a medication ordered by the doctor, the pharmacy gave him
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Dangerous Products Litigation – Trouble at the CPSC

Every year our lawyers handle many cases involving unsafe products which are subject to recalls issued by the The Consumer Product Safety Commission (CPSC). Tragically, many of these cases involve the deaths of young children and infants.
The CPSC is the federal agency which is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency’s jurisdiction. Deaths, injuries and property damage due to consumer product incidents cost the nation more than
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Victims Rights, Statutes of Limitations and Serious Injury Claims

Our lawyers have previously written about procedural “Traps for the Unwary” which occur in the context of serious injury or wrongful death claims. We write again about this problem because we continue to see this issue in our practice.
To be victimized by a negligent act such as being seriously injured by a drunk truck driver is bad enough but to be further victimized by a statute of limitations would only compound the tragedy. Unfortunately, Georgia serious injury lawyers like ourselves often see cases
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Motorcycle Serious Injuries and Fatalities on the Rise

On this Georgia Injury Lawyer blog, our attorneys have previously written about motorcycle accidents involving serious injury or wrongful death. Based on the rise in the number of serious injury and death claims our firm is handling at present, our firm’s experience mirrors what the statistical evidence indicates: These tragic cases are on the rise.
The National Center for Statistics and Analysis, a division of the National Highway Traffic Safety Administration (NHTSA), keeps statistics for motorcycle accidents each year. NHTSA also uses a
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Dangerous Products In The Market – Yet Another Chinese Toy Recall

Our lawyers are constantly amazed at the number of Chinese made toys which enter the United States only to be recalled later as health hazards to children.
Last Thursday, Mattel Inc., the nation’s largest toy maker, recalled an additional 38,000 “Go Diego Go!” toys Thursday as part of a larger recall of 665,000 lead-contaminated children’s products.
The latest recall involves orange and yellow Go Diego Go! Animal Rescue Boats, manufactured in China and imported by Fisher-Price. Surface paint on the boats contains excessive levels of
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Premises Liability Issues — Heart Defibrillators Save Lives

Our attorneys have investigated wrongful death cases involving automatic external defibrillators (AEDS). An AED is a computerized medical device that checks a person’s heart rhythm, can recognize a rhythm that requires a shock, advises when the shock is needed, then prompts a rescuer to take the proper steps. An AED is a portable device, usually eight to ten inches square and weighs only one to two pounds.
Many businesses, churches, shopping malls, and other areas where large numbers of people congregate have begun to place
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Zelnorm® – A Dangerous Drug?

As a Georgia injury lawyer, I am always reading about dangerous drugs. One such drug is Zelnorm® , a drug used in the treatment of Irritable Bowel Syndrom (“IBS”) and chronic constipation in individuals under 65 years of age.
On March 30, 2007, the FDA requested that Novartis Pharmaceuticals Corporation (“Novartis”), the manufacturer of Zelnorm, voluntarily remove the drug from the market. The recall is based on findings of an increased risk of heart attacks and strokes associated with the drug from clinical
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Denying Justice to Innocent Victims of Police Chases: New Defense Strategies By The Government

Finch McCranie, LLP currently represents three individuals who have been tragically added to the ever growing and long list of innocent victims either killed or seriously injured in a police chase case. In two of the cases we filed on behalf of these victims, the police department involved is seeking to have the claims dismissed based on an argument that the Georgia Legislature has allegedly abolished the legal doctrine joint and several liability.

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Wrongful Death, Serious Injuries and Uninsured Drivers:

One of the most tragic circumstances we as lawyers face in our daily practice is representing clients who have suffered serious personal injury or the wrongful death of a loved one due to the negligence of an uninsured (or underinsured) driver. Regrettably, we have seen this far too many times. The results of being involved in a collision with an uninsured driver are particularly tragic because in such cases there simply are no available funds to compensate the innocent victims. This, of course, reminds us
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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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