Finch McCranie, LLP

Consumer Interests Boosted By Decision

Consumer protection got an unexpected boost this week when the United States Supreme announced its decision in Altria Group v. Good. In a surprising decision that could have wide-ranging impact, the Supreme Court held that federal law neither expressly or impliedly preempts a lawsuit filed under the Maine Unfair Trade Practices Act by Maine smokers. The underlying lawsuit claims that smokers of Marlboro Lights and Cambridge Lights cigarettes were misled by deceptive labels touting the cigarettes as “light” and “low tar” when the manufacturer knew
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Dangerous Drug Warning

Dangerous drugs have been placed into the stream of commerce by manufacturers for years without warnings. Recently, the Food and Drug Administration (FDA) ordered the manufacturer of two drugs commonly used before colonoscopies to add warnings to the products. These are commonly referred to as “black box” warnings.
Visicol and OsmoPrep are oral sodium phosphate medicines used for bowel cleansing before colonoscopies. There have been reports of serious kidney injuries linked to their use. The FDA has received reports of 20 cases of kidney injury
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Accutane Drug Trial Results in A Thirteen Million Dollar Verdict

A New Jersey jury recently awarded nearly $13 million to three acne drug users who developed severe inflammatory bowel disease after taking the medication. The drug, Accutane, is manufactured by Hoffman-La Roche.
The three plaintiffs are Florida residents who used the drug to treat adolescent acne. All three developed bowel disorders including ulcerative colitis and Crohn’s Disease. The jury found that the drug manufacturer should have issued better warnings that the drug could cause bowel problems and that their failure to do so resulted in

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Escalator Injuries Increase

Escalator injuries are increasing at an alarming rate. Our Georgia injury lawyers frequently review cases in which persons have been injured by malfunctioning or improperly designed escalators. The Atlanta Journal Constitution reported Sunday concerning this increase in injuries, especially among children.
Among the mechanisms of injuries reported to the state were the following:
A 17-year-old boy’s right hand was bleeding after it got stuck in an escalator at MARTA’s Lenox station in February. He had reached down to pick up a fare card that fell
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Dangerous Toys Remain In Market

Dangerous toys containing harmful chemicals have long been a problem in the United States. The United States Congress recently passed a law banning the use of a plastic softening chemical known as phthalates in certain consumer products, including toys. The chemical is used to soften plastic – making it popular for rubber ducks, teething toys, and anything else that young children love to chew on. Exposure to phthalates has been shown to harm the development of reproductive organs and have been linked to cancer
The
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Fatal Motorcycle Wreck Involving Georgia State Trooper Under Investigation

Our attorneys sometimes represent people who have been injured by employees of the State of Georgia in automobile accidents or truck accidents. Cases against the State of Georgia or its employees are governed by the Georgia Tort Claims Act. For instance we recently learned that a state accident reconstruction unit is investigating a wreck, involving a Georgia State Patrol trooper, that killed a motorcyclist in Lumpkin County last month. According to the motor vehicle accident report the state trooper executed a U-turn in
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Patient Abuse in Healthcare Facilities

Abuse of patients in medical or mental facilities is a major problem in the United States. Our attorneys frequently handle cases in which patients have suffered physical or sexual abuse at the hands of facility staff or other patients. These cases are extremely disturbing as the victims are usually some of the most vulnerable and helpless members of society.
A recent article in the Los Angeles times focused upon this issue. According to the article, Psychiatric Solutions Inc. was on its way to becoming the
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Motorcycle Passenger Death Results In Operator Being Charged

Our Georgia attorneys often represent the drivers of motor vehicles who have been injured in collsions but sometimes the passengers are injured as a result of the negligence of the host driver. Just this week, we read that a Georgia man was arrested and charged in a September motorcycle crash that left a Panama City Beach woman dead. According to authorities, Storm P. Wood and a female passenger, Robin Arnett, were ejected from the motorcycle when Wood lost control of it. Arnett died
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Physician Payments From Drug Manufacturers

Another prominent psychiatrist has been exposed for taking payments from drug manufacturers. According to the New York Times, Dr. Frederick K. Goodwin who served as the host of public radio’s popular “The Infinite Mind” program earned at least $1.3 million between 2000 and 2007 giving marketing lectures for drug makers.
Dr. Goodwin is the latest in a series of doctors and researchers whose ties to drug makers have been exposed by Senator Charles Grassley a Republican from Iowa. Senator Grassley has been asking some of
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Police Officer Injured In Motorcycle Accident Awarded $750,000 in Damages

A Cobb County, Georgia policeman who was struck by another officer’s motorcycle has been awarded $750, 000 by a Fulton County Superior Court jury for head injuries that only emerged several months after the motorcycle accident. The winning patrolman was among several motorcycle officers from various agencies who were riding in “tight formation” in August 2005,when a MARTA officer hit him from behind. Apparently the plaintiff almost immediately returned to work following the accident; however, he began to have seizures approximately six months after
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Jury Awards $114 Million In Nursing Home Abuse Case

Almost every week the Georgia injury lawyers at Finch McCranie, LLP hear about horrific treatment of elderly patients in nursing homes or other long-term facilities. Occasionally they are held accountable for their negligent treatment.
Last month, the family of a 76 year old Florida woman was awarded $114 million in a nursing home abuse case. The woman died in 2003 after having been a patient at the nursing home. The lawsuit alleged that the elderly woman was injured after falling, had developed pressure
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Bench Trials Under The Federal Tort Claims Act

Under the unique provisions of the Federal Tort Claims Act (FTCA), there is no right to a jury trial. What this means is obvious: once an FTCA lawsuit is filed and the United States of America is named as the defendant, if the case cannot be resolved thereafter and a trial is required, the trial will be before a United States District Court judge which will sit, not only as the finder of fact, but also as the Judge of the law. In short,
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Who And Where To Sue Under The Federal Tort Claims Act

We have blogged in the past about some of the unique provisions of the Federal Tort Claims Act (FTCA) and how they pertain to tort claims against the United States government. As an example, one unique provision is that no claim can be sued against the federal agency per se but instead only against the United States. In any lawsuit against the federal government in which a tort has occurred, the named defendant must be the United States of America. Thus, in a case
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Contact Lens and Medical Device Injuries In Children

Injuries caused by contact lens are a serious problem in Georgia and elsewhere. The consequences of injuries from these seemingly harmless devices can be life changing, including blindness. Our lawyers have just recently concluded several cases involving injuries sustained by contact lens wearers.
The U.S. Food and Drug Administration has just released a report which reveals that more than 70,000 children and teens go to the emergency room each year for injuries and complications from medical devices. Contact lenses are the leading cause of these
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Georgia Motorcycle Accident Injures Two

Friday evening, a motorcycle accident in north Georgia injured two people. The wreck occurred before 8:00 p.m. on U.S. Hwy 41 in Tunnel Hill, Georgia.. Although details of the wreck have not been released and the accident is still under investigation, the motorcycle and a pickup truck collided. It has been reported that charges are pending against the driver of the truck. The driver of the motorcycle was flown to Erlanger Medical Center in Chattanooga and the passenger was taken to Hamilton Medical Center in
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Defective Heart Defibrillators

Defective implanted heart defibrillators have been the subjects of many recalls over the last several years. This week, Boston Scientific Inc., advised doctors that a part in certain models of its implanted heart defibrillators made in 2006 and 2007 has a “somewhat higher’’ failure rate, requiring units to be reprogrammed. The company reported a failure rate of one in 670 devices. No deaths or injuries have been reported.
Boston Scientific estimates that about 34,000 patients still have the defibrillators implanted, even though they are
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False Arrest Claims in Georgia

Over the years the Georgia injury lawyers at Finch McCranie, LLP have represented clients who have been “falsely arrested”. In one memorable case, our client was accosted in the Lenox Mall parking lot by three store security officers who forcibly carried her back into the store where she was accused of shoplifting and strip searched. Eventually, the store realized they had made a mistake and told our client that she was “free to go”. She remained in the store and called the Atlanta
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Georgia Woman Drowns At Lake Lanier – Boat Operator Charged With Boating Under The Influence

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.

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Two Georgia Power Men Burned in On-The-Job Accident

http://www.serious-injury-litigation.com/As Georgia injury lawyers who have handled thousands of workers compensation claims, few on-the-job injuries are as horrifying to us as burn injuries.
Today 11 Alive News and WSB News reported that two Georgia Power employees suffered burns today as they were replacing a utility pole in Milton, Georgia. It is thought that as the crew was drilling a new hole for the pole, they hit a natural gas line which sparked an explosion. One of the injured Georgia Power workers, who was about 35 feet up in a bucket lift at the top of the pole, jumped to try to escape the flames. He was reportedly burned over 80% of his body and was airlifted to Grady Memorial Hospital’s burn unit.

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Georgia Motorcycle Accident Results In Death

When most people hear about a motorcycle accident they envision a collision with a car or a truck; however, motorcycle accidents also occasionally occur as a result of debris and foreign objects on the roadway.

The Savannah Morning News reported today that on Sunday, a 23 foot trailer came loose from a Ford F-150 truck being operated by 66 year old Gerald Adams. The trailer crossed over the median on Interstate 16 where it collided with 26 year old Carroll Girtman, who was riding his Yamaha motorcycle in the westbound lanes.

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