Finch McCranie, LLP

Medical Malpractice Awards At Record Lows

A study released by Public Citizen found that medical malpractice payments were at or near record lows in 2008, but suggests the decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved.
Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from medical errors for every one who receives a payment for any malpractice claim, according to Public Citizen’s analysis of medical malpractice payment data and
(more…)

One Million Dangerous Playpens Recalled

Many Atlanta residents trust the safety of their young children to playpens. However, the Consumer Product Safety Commission is expected today to announce a recall of one million Kolcraft play yards.
The recall of the portable playpens, some of which include changing tables or bassinets, follows hundreds of complaints of collapsing sides and reports of 21 injured children. The playpens were made in China and distributed by Kolcraft Enterprises Inc. of Chicago.
According to press reports, a Kolcraft spokeswoman, confirmed the recall.
Since September 2007,
(more…)

Bone Fusion Agent May Be Dangerous

A bone growth agent used in thousands of spinal fusion surgeries for neck pain has been linked to complications and higher cost, according to the first nationwide study of the product. Spinal fusion is one option for people with back and neck pain, although some researchers have questioned how well it works.
In a spinal fusion, a surgeon removes the disc between two vertebrae and replaces it with the patient’s own bone, BMP or another product. If successful, new bone grows and fuses the vertebrae
(more…)

Tylenol and acetaminophen dangers

Adverse prescription drug reactions are more common than most consumer are aware, and can have serious consequences, including death. Seeking to address these problems, a Food and Drug Administration panel has recommended new limits on acetaminophen, the main ingredient in Tylenol. Acetaminophen is the most commonly prescribed drug in the U.S., and commonly used in other drugs and remedies such as cough and cold medicines.
Acetaminophen overdoses are the main cause of liver failure in the U.S. Accidental acetaminophen overdoses kill about 100 people
(more…)

No Injuries or Deaths Reported Following Georgia Parking Deck Collapse

Miraculously, there have been no reported injuries or deaths following an accident in Atlanta, Georgia. Yesterday a portion of a concrete parking deck in downtown Atlanta collapsed near the intersection of Spring and 5th Streets, damaging or destroying 38 vehicles. The deck is a pre-fabricated, pre-cast concrete structure that was built eight years ago. The cause of the “pancake collapse,” where a section of the fourth floor fell onto the third, second and first floors, is still under investigation. Although the pre-cast concrete components
(more…)

Parking Deck Collapse

Atlanta is the scene of another structural collapse. It has just been reported that a parking deck collapsed in the area of Spring and 5th Streets in the midtown area of Atlanta. At this time there are no reports of injuries or deaths, but the efforts of firefighters and rescue personnel to access the collapsed areas have just begun.
Our Atlanta, Georgia, lawyers have investigated and filed lawsuits in numerous construction and structural collapse cases. The most notable was the collapse during the building of
(more…)

MIxed News For Victims Of GM Product Liability Cases

Product liability suits, especially those involving autos and trucks, generally involve life altering injuries and death. As a result of the recent bankruptcy of General Motors Corp., many of the pending and future claims involving GM products stood to be wiped out, leaving the victims with no recourse against the manufacturer. As part of its government-backed restructuring plan, GM wants to sell the bulk of its assets to a new company and leave behind unprofitable assets and other liabilities such as product-related lawsuits.
(more…)

Zicam Products Alleged To Be Dangerous Products

Federal officials are warning consumers to stop using Zicam, a popular cold remedy because they say that it could damage or destroy the users’ sense of smell. The Food and Drug Administration (FDA) has received 130 reports of people who lost their sense of smell after using Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs.
The products were introduced by Matrixx Initiatives of Scottsdale, Arizona in 1999. In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users
(more…)

Judge Rules Grout Cleaner Liability Suits Can Go Forward On Negligence Claims

Georgia injury lawyers see people seriously injured by dangerous products of all types. Many dangerous products result in the wrongful death of their users. A grout cleaner which was once sold by Home Depot is one product alleged to have been dangerous. Dozens of product liability lawsuits over injuries allegedly caused by the tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multi-district litigation, U.S. District Judge Thomas W.
(more…)

Dangerous Products Can Cause Serious Injuries or Death

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of dangerous products. The type and nature of these dangerous products runs the gambit. Products liability in Georgia has arisen primarily as a negligence concept and even today remains the most viable theory of products liability in terms of jury comprehension. It was announced this week that a federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile

(more…)

GM Announces Massive Recall

Many Georgia drivers can expect to receive recall notices for vehicles manufactured by General Motors Corp., due to a dangerous defect which can cause the vehicle to catch on fire. In one of the largest recalls of the year, General Motors announced Tuesday that it was recalling almost 1.5 million vehicles because it cannot fix a defect in the system that squirts heated cleaning fluid on the windshield.
The recall covers many vehicles manufactured during the 2006 to 2009 model year. Since GM is
(more…)

Infections At Surgery Centers

Atlanta, and other metropolitan areas in the state of Georgia have seen a rapid expansion in the numbers of same-day surgery centers. Yesterday, the Journal of the American Medical Association published an article suggesting that lack of infection practices are common in the nations more than 5000 outpatient surgery centers.
The study was prompted by a hepatitis C outbreak in Las Vegas. This outbreak was caused by unsafe injection practices at two outpatient surgery centers.
Failure to wash hands, wear gloves and clean blood glucose
(more…)

The Federal Tort Claims Act: How To Sue The United States

When it comes to torts committed by the government and/or its employees, the beginning and ending place for any analysis is the Federal Tort Claims Act (FTCA). See 28 U.S.C. § 1346. The Federal Tort Claims Act provides a limited waiver of sovereign immunity and allows for money damages against the government for damages, loss of property, personal injury or death. In order to recover under the FTCA, one must show that the damages claimed resulted from a wrongful or negligent act of a
(more…)

Perfecting Claims Against Sheriffs And Their Deputies In Georgia

Under Georgia law, a sheriff and only a sheriff is vicariously liable for the negligent acts of his or her deputies. A county sheriff employs the deputy and the deputy reports to the sheriff. Thus, if a deputy sheriff is negligent, the sheriff is liable not the County. Notwithstanding this legal liability, however, there is a confusing element of Georgia law when it comes to perfecting claims against sheriffs and their deputies.
While the law is somewhat ambiguous in this regard and in many ways
(more…)

Using a Functional Capacity Evaluation In A Serious Injury Case

In a case involving serious injuries which threaten to impair or impede altogether one’s ability to be gainfully employed, a Functional Capacity Evaluation can be critical in helping to establish the extent of the disability. Functional Capacity Evaluations are performed according to objective criteria which have been proven to be reliable in determining the extent of job related restrictions and limitations. If a client submits to a Functional Capacity Evaluation and is proven by such objective criteria to have limited abilities, such evidence can
(more…)

Asthma Medications And Potential Safety Risks

There are several popular medications used by those who suffer from asthma which have an increased market share presence. These include Serevent, Advair and Foradel. All these medications use inhalation powders containing long acting beta agonists, commonly known as “LABA.” Beginning as early as November of 2005, the Food and Drug Administration issued a public health advisory concerning these three drugs informing doctors and patients that the use of these products could increase one’s risk of developing severe asthma and/or possibly having a fatal reaction.
(more…)

Vicarious Liability In Serious Injury Cases

A very common issue is a serious injury case is whether there exists any vicarious liability of a third party. If a truck driver runs into a motorist stopped at a stop sign and seriously injures them the question is whether the truck driver alone can be sued and/or their employer. Under longstanding legal principles, an employer is vicariously liable for the acts of the employee. As long as the employee was acting within the scope of his employment at the time of the
(more…)

Evaluating Pain and Suffering: A Difficult Task

In a personal injury lawsuit, it is always difficult for the trial lawyer representing the injured victim to talk about money in the context of pain and suffering. How does one fairly compensate an individual who is suffering as a result of the acts of a third party? Someone who is sitting still at a stop sign and who is rear-ended by a commercial truck, for example, and who sustains a broken neck or back is going to be faced with a lifetime of
(more…)

Deadly Police Chases Still In The News

As our firm handles police chases for innocent victims tragically caught up in these dangerous pursuits through no fault of their own, and as we have witnessed many different tragedies in this context, we obviously pay close attention to other similar cases throughout the country. Just this past week we read three different articles about three different pursuits in three different states in which innocent bystanders were killed during these dangerous pursuits. In none of the pursuits that we read about were any
(more…)

Military Members Have No Recourse For Medical Malpractice

Our military service members stand ready to put their lives on the line to protect the freedoms upon which our country is based. Yet, they are not provided the basic remedies available to other citizens who are victims of medical malpractice.
Under a 60-year-old Supreme Court ruling known as the Feres doctrine, service members are banned from suing the federal government for even the most egregious medical errors.
Pending before Congress is a bill that would remove that inequity. Rep. Maurice Hinchey, D-N.Y., is the
(more…)

Secret Link