Finch McCranie, LLP

Police Chase Indictment

Our police chase injury lawyers have handled many cases involving the deaths of innocent civilians due to police chasing suspects for minor crimes. We have previously written about police departments that have adopted restrictive policies limiting chases and decreasing the chances that innocent civilians and police officers can be seriously injured or killed.
On May 30, 2007, in Forestville, Maryland, a police officer was chasing a motorcyclist for speeding. During the chase, the police officer tried to position his car to stop the speeding
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FDA Circumvents Congressional Intent In Favor Of Drug Companies

Last year, the Food and Drug Administration (FDA) issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDAAA), an Act which encompasses the Prescription Drug and User Fee Act. As a result, drug companies will enjoy more relaxed labeling requirements and will surely use the rule to claim immunity for failing to warn patients of potential drug hazards. When Congress passed the FDAAA it included language confirming the responsibility of the drug
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Drug Ads Investigated

We have previously written about controversial drug advertising that takes place in the United States. Once again, this practice has come to the forefront through Dr. Robert Jarvik, who is best known as the developer of an artificial heart. About two years ago, Dr. Jarvik began appearing in television ads for the drug Lipitor, manufactured by Pfizer.
In the ads, Dr. Jarvik is depicted in various athletic pursuits, such as rowing and running, and tells viewers that Lipitor significantly lowers cholesterol when diet and exercise
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Botox Danger

The U.S. consumer advocacy group, Public Citizen, has called upon authorities to require that Botox and a similar injections come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body. Public Citizen asked U.S. authorities to require the strongest possible warning, highlighted in a “black box,” on Allergan Inc’s Botox and Solstice Neuroscience Inc’s Myobloc.
Botox is used widely to decrease facial wrinkles but also has approved medical uses such as treating cervical dystonia, or
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Sugar Refinery Blast Leaves Many Dead – Others Injured

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect
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Georgia and Atlanta Area Serious Injury Cases: Frequently Asked Question Number 9

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?
Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If
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PART II: TOLLING THE STATUTE OF LIMITATIONS

It is well established that failure to comply with an ante-litem notification provision within the time required by law is a bar to any right of action. See Mattox v. Bailey, 221 Ga. App. 546, 472 S.E. 2d 130 (1996). However, an ante-litem time requirement has been held to be, in itself, a form of statute of limitations, with all general principles applicable to statutes of limitation also applying to ante-litem time restrictions, including tolling provisions. See Howard v. State, 226 Ga. App. 543, 487
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DANGEROUS MEDICAL DEVICES AND DOCTORS

Lawyers who practice in the field of dangerous medical devices and drugs are never surprised to discover relationships between physicians and pharmaceutical and medical device companies. Recently, questionable ties between supposedly objective researchers and the maker of an artificial spinal disk have come to light. An artificial spinal disk is a device that is used in place of conventional surgery during which patients’ vertebrae are fused.
In a study of nearly 240 patients with lower back pain, physicians reported that the artificial spine disk, manufactured
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TOLLING THE STATUTE OF LIMITATIONS IN TORT CASES FOR VICTIMS OF CRIME

As Georgia personal injury lawyers know, the typical statute of limitations for a bodily injury case in Georgia is two years from the date of the occurence at issue. However, in cases involving victims of criminal acts who have potential civil causes of actions against those who brought about injury to them, there are some nuances of Georgia law that all attorneys in this field should know.

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Car Accidents: Georgia Serious Injury Cases: Frequently Asked Question Number 8

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 8:
9. If I have no health insurance and the at fault driver has little or no liability insurance coverage, what happens if my medical bills exceed available coverages?
Answer: This is a sad case that we see far too often in our practice. The hypothetical at fault driver has run the stop sign
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Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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