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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)

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
(more…)

Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
(more…)

Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
(more…)

Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
(more…)

Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
(more…)

Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
(more…)

The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
(more…)

Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
(more…)

De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

(more…)

Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
(more…)

The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
(more…)

Secret Link