Finch McCranie, LLP

Motorcycle Accidents and Serious Injuries: An Unfortunate Combination

We have posted entries before about traumatic amputations and just how profound such injuries can be on the victims of the same. Unfortunately, we have seen these injuries too often in the context of motorcycle accidents. Because there is so little protection to the human body, if an accident is bad enough, the unfortunate victim riding on the motorcycle can lose a leg, an arm, a foot or a hand. In addition to traumatic amputations, traumatic brain injuries are also a distinct possibility in
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Peanut Corp. Of America Salmonella Strain Has Also Been Linked To Texas Plant

Georgia injury lawyers have seen products liability cases involving food poisoning for years; however, none like the one involving Peanut Corp. Of America (PCA). It appears that the problems of PCA extend well beyond their Georgia processing facility. Federal officials said Tuesday that tests have confirmed that peanut butter made from peanuts processed at a Texas plant contains the same strain of salmonella blamed for the poisoning hundreds in a national outbreak. Both the Texas plant and the Georgia plant were operated by PCA,
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Motorcycle Accidents Usually Result In Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. Some result in brain injuries and others involve amputation of limbs. Just in the last couple of weeks ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was struck in an intersection by a medical doctor who ran a red light in her SUV. As a result of
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Georgia Residents May Be Affected By FDA Drug Ban

The U.S. Food and Drug Administration has prohibited Ranbaxy Laboratories Ltd., India’s largest drug manufacturer, from introducing new generic drugs from one of its factories after it falsified data about products’ shelf life.
Yesterday, the FDA announced that a facility owned by Ranbaxy Laboratories falsified data and test results in approved and pending drug applications. The facility, Paonta Sahib, has been under an FDA Import Alert since September 2008.
The FDA announced that it was continuing to investigate this matter to ensure the safety and
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Georgia Motorcycle Accident Claims Life

As Georgia injury lawyers we see many wrongful death cases from motorcycle accidents. Most motorcycle accidents seem to involve young drivers; however, that is not always the case. In the last two weeks, a Georgia man was killed in a single-vehicle motorcycle accident when the driver, age 57, lost control of his 2009 Revtech EX Wide motorcycle in a curve and laid the bike down on its left side. According to the Georgia State Patrol’s investigation, the motorcycle left a 113 foot-long gouge
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Medical Device Maker Under Investigation

Stryker, a leading maker of medical devices is reportedly the subject of a Justice Department investigation into Stryker’s marketing of human bone growth products. The investigation has already resulted in guilty pleas by former company sales representatives. Two former sales representatives pleaded guilty to charges that they had promoted off-label use of the products even though they knew that such use had earlier caused problems in some patients.
The investigation is reported to involve several issues. These include whether Stryker abused a federal exemption that
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Legal Maneuvering In The Georgia Peanut Salmonella Case

It was announced last week that The Peanut Corporation of America has decided to file for bankruptcy. Under bankruptcy law, one may not sue a company that has filed for bankruptcy protection. Accordingly, with respect to the wrongful death actions and serious injury claims that are likely to be brought as a result of the widely reported salmonella contamination at the Company’s Blakely, Georgia plant, the corporation has cleverly maneuvered into bankruptcy court to prevent the filing of these lawsuits. This will buy the corporation
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Georgia Victims Denied Legal Remedies

Many Georgia consumers have been impacted by a recent Supreme Court ruling granting immunity from lawsuits to medical device makers for products approved by the Food and Drug Administration (FDA). Our Atlanta Georgia lawyers have previously written about this decision.

Since that ruling judges in Georgia and across the United States have used it as a basis to dismiss cases against a wide range of manufacturers, including Medtronic. The most recent dismissal was this past Tuesday, by the Wisconsin Supreme Court.

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Dangerous and Defective Products

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving many different defective and dangerous products, including a defective and dangerous deer stand. When these products fail, catastrophic injury or death often results. This week I read about a recent case in which a jury returned a $157M (million) dollar verdict in a wrongful death case against three companies, L & L Enterprises in Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Florida, and TSR Inc. in Pace,
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Children and ATVs – A Dangerous Combination

Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in
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Georgia Patients Denied Recovery For Medical Malpractice

Georgia medical malpractice cases have become increasingly difficult to bring as the legislature enacts more and more restrictive laws. A fact which many do not know is that patients injured by highly negligent actions in Georgia emergency departments have no right of recovery. This is due legislation which established a gross negligence standard which governing the actions of emergency room personnel.
This standard has been interpreted by the Georgia courts as requiring almost intentional conduct.
The extreme unfairness of this law is illustrated by a
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The Summer Motorcycle Season Has Begun In Georgia

Anyone who spends time in the mountains of Georgia or North Carolina knows that the summer motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.
Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver’s make mistakes that cause serious injuries. A Georgia man lost his foot as a result of an inattentive driver who ran a traffic light; a North Carolina man lost his life when a tractor-trailer turned left into his right of way; and a Florida man suffered a traumatic brain injury when the defendant driver ran a red light. The fact is that there is no way to completely eliminate the risk, even for the most skilled bikers but staying alert and ride defensively can help.

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The Federal Tort Claims Act: Determining The Law Of Liability

When a claim is asserted against the United States government, the claim is based on the alleged liability of the United States in accordance with the law of the place where the negligent act or omission occurred. As an example, if a postal truck runs over someone in the State of Georgia, the laws of the State of Georgia will control whether the acts of the postal carrier driver were negligent. The liability of the United States as stated in other entries is the same
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Motorcycle Accident Result in Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. A few months ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was hit broadside in an intersection by a doctor who ran a red light in her SUV. Although the motorcycle was not demolished, the injuries were devastating. As a result of the injuries he sustained, doctors had to amputate several toes and part of his foot. In this case and most others, the motorcycle rider was obeying the law and did nothing to cause or contribute to the collision.

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Serious Burn Injuries In Georgia

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside
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The Federal Tort Claims Act: Where To File And Who To Sue

Assuming an administrative claim is properly submitted and is denied and a lawsuit is thereafter commenced, the lawsuit must be filed in United States District Court, not in a state court. One advantage of proceeding under the Federal Tort Claims Act is that such a suit can be brought in the Federal Judicial District where the plaintiff resides or where the negligent act or omission occurred. Thus, if a person is traveling, as an example, and is hit by a postal carrier running a stop
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Dog Bite Cases In Georgia

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention.

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The Federal Tort Claims Act: No Right To A Jury Trial

Under the specific provisions of the Federal Tort Claims Act (FTCA) there is no right to a jury trial. See 28 U.S.C. § 2492. This is one of the disadvantages of suing the United States government but because the FTCA is a limited waiver of sovereign immunity, the provisions of the Act control. Simply stated, the limited waiver provisions provide that there is no right to jury trial when suing the United States government. What this means is that once the case is assigned to
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New Georgia Laws In Effect To Curb Automobile Accidents and Truck Accidents

Beginning today, several new Georgia laws intended to reduce automobile accidents, tractor trailer truck accidents and motorcycle accidents go into effect. One of these is the Texting While Driving law. Georgia drivers under the age of 18 will be charged if they talk or text on a cell phone while driving. Under this new law, all drivers, regardless of age will be charged if they write, send or read a text message, email or access the Internet while driving. If found guilty a motorist will be fined $150.00 and will be assessed 1 point on his or her driving record.

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Georgia Bicycle Accidents

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

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