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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Consumer Bill In Trouble

Consumers have been battered by the fall of the economy, and a great deal of the blame for the collapse can be laid squarely on banks and other large financial institutions. Having been saved by the federal government bailout, many are now opposing reforms which would protect consumers and help prevent these disasters from happening again.
Tomorrow, the House Financial Services Committee will take up a number of reforms proposed by the Obama administration. Among the proposals the committee will tackle is the establishment of
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In Tribute To A Fine Man And Lawyer

Today I attended the funeral of Thomas E. Magill, a well respected insurance defense attorney in Atlanta. Tom was a absolute pleasure to work with as a defense attorney. Even though his clients were always large insurance companies, Tom dedicated himself to the administration of justice. He was always fair minded, hard working, competent and professional in every sense of the word. I told his wife at his funeral today that working with Tom made me proud to be a lawyer. There were many lawyers
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Medical Malpractice and Servicemembers

Medical malpractice has long been condoned if perpetrated against a service member. Now, in an effort to rectify this grossly unfair situation involving those serving their country, members of the House Judiciary Committee forwarded a bill to the full House of Representatives which would permit servicemembers to sue the military in certain cases of medical malpractice.
While this is a step in the right direction, it appears doubtful the full House and Senate (a companion bill, sponsored by Sen. Charles Schumer, is working through the
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Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a
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Nursing Home Falls

Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The
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High Court Upholds Vioxx Award in Wrongful Death Case

Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and
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Report: FDA Approved Medical Device Under Political Pressure

Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to
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Medical Errors Abound

Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures
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