Finch McCranie, LLP

Medtronic Heart Device Recall

Yesterday, Medtronic, the world’s largest maker of implanted heart defibrillators, announced that it was urging doctors to stop using an electrical wire known as Sprint Fidelis, which connects the heart to a defibrillator. A defibrillator is a device which shocks the heart back into normal rhythm should it falter. The wire is prone to a defect that has resulted in malfunctions in hundreds of patients and may have contributed to five deaths.
There are an estimated 235,000 patients with the Fidelis. Such a malfunction can
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Dog Bite Injury – Georgia Injury Lawyer Blog

Dog bite injury cases are very prevalent in Atlanta and across the State of Georgia. Our Georgia Injury Lawyer Blog attorneys in Atlanta have handled many serious injury and wrongful death cases over the firms 40 plus years.
In our experience most serious dog bite injuries are inflicted by the following breeds: German Shepard, Rottweiler, Pit Bull, Chow-Husky and Doberman Pincher; however, other breeds have also been know to attack leaving the victim seriously injured. The injuries can leave serious physical and emotional scars
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New Prescription Drug Labeling Law Gives Warnings of Dangerous Side Effects of Prescription Drugs

As the Georgia Injury Lawyer Blog’s Atlanta attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, 2007, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, “PDUFA.” This Act creates new federal safety requirements for drug
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NEW DRUG LABELING LAW

As the Georgia Injury Lawyer Blog attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, PDUFA. This Act creates new federal safety requirements for drug companies, and
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Spoliation or Destruction Of Evidence

Spoliation is defined as the destruction or a significant or meaningful alteration of evidence. For many years, in Georgia, spoliation of evidence has given rise to a presumption against the spoliator which has resulted in discovery sanctions in appropriate cases. Many states actually recognize a separate tort of spoliation. However, Georgia courts have not yet embraced that concept.
Spoliation of evidence is actually a type of fraud which interferes with the plaintiff’s opportunity to win a lawsuit. In some cases, it can logically be expanded
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Medical Malpractice or Frivolous Litigation?

It seems that all the time we read articles about the need for reform in the medical malpractice area because of so-called frivolous litigation. The argument always seems to be that claims are being brought which are frivolous and that medical malpractice rarely occurs. The truth is that, like any other human undertaking, malpractice does occur in the field of medicine. Sometimes, the malpractice can be egregious and the mistakes life altering.
Just today we read a story about a lady who had a double
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FORMER CHIEF JUDGE OF CLAYTON COUNTY SUPERIOR COURT JOINS FIRM

Stephen E. Boswell, former Chief Judge of Clayton County Superior Court, has joined one of the Atlanta area’s longest established law firms, Finch McCranie, LLP., according to Richard W. Hendrix, partner in the firm.
Judge Boswell recently retired from the Superior Court bench after serving 13 years as a Superior Court Judge, over two periods of service since 1982. Previously, he was in private practice in the Atlanta area for 16 years, with a variety of experience in civil and criminal jury trials.
As of
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Georgia Motorcycle Accident Kills One, Injures Another

We read in yesterday’s paper where one motorcyclist was killed and another seriously injured after their bikes were involved in a multi-vehicle wreck just outside of Atlanta in Cherokee County. According to the news accounts, the bikers were among a group of 40 to 50 taking part in a charity bike ride when the crash occurred. The news report indicates that a teenage driver struck a lady who was sitting stopped at a stop sign waiting for the motorcyclists to pass her when, after being
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Civil Restitution For Crime Victims In Federal Court

In 1996 the United States Congress enacted the Mandatory Victims Restitution Act of 1996, which makes restitution mandatory upon a defendant’s conviction for a federal violent or property crime in which there is an identifiable victim who has directly and proximately suffered physical injury or monetary loss. Upon conviction for other federal crimes, including drug offenses, the imposition of restitution is in the discretion of the sentencing court. In instances in which restitution is imposed, the court “shall order restitution to each victim in the
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Another Chinese Toy Recall

The Associated Press is reporting that yet another massive recall of Chinese-made toys has been issued. Toys and child necklaces made in China were recalled Wednesday because they contain dangerous levels of lead. The recalled toys contained high levels of lead on their surface paint and the necklaces and jewelry sets contain excessive lead in some of their metal parts.
Under current regulations, children’s products which contain more than .06% of lead accessible to users are subject to a recall. The Consumer Product Safety Commission
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Arbitration Exposed As Being Controlled By Big Business

Forced arbitration in consumer contracts has become a way of life in the United States. Almost all consumer contracts and purchase agreements contain clauses requiring a person that has been the victim of fraud, negligence, or intentional harmful conduct by a large company to give up their rights to a jury trial and submit to arbitration.
For many years consumer and lawyer groups have complained that these arbitration panels are stacked against consumers and serve as nothing more than “bought” protectors of large companies.
Recently,
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Cell Phone Usage and Auto Accidents

Our Atlanta car accident attorneys frequently review cases in which the negligent driver has been distracted while conversing on a cell phone. Recently, the consumer advocacy groups Public Citizen and the Center for Auto Safety obtained records showing that since 2003, the government has known that drivers talking on their cell phones experience the same potentially deadly distraction whether they are using a handheld device or hands-free technology.
In a press release the groups stated that by keeping this information secret from the public
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Servicemembers Have No Recourse For Malpractice

Many servicemembers and dependents reside in Georgia. While servicemembers can receive care at military hospitals they have no rights if they are the victim of malpractice, no matter how egregious. The Feres Doctrine, named after a 1950 Supreme Court decision, grants complete immunity to military health care professionals who commit malpractice upon service members. Service members who have sacrificed for their country and become victims of malpractice are left to suffer the consequences with no recourse.
This injustice has again come to light in
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Another Police Chase: Another Innocent Person Killed

According to news reports out of Memphis, Tennessee, on Monday, July 20, a suspect was on the run from the police when he ran a red light striking another vehicle and killing the innocent driver of that vehicle. The newspaper reports said the suspect was fleeing from the police in a stolen vehicle and that when he hit the other car he did so on the driver’s side killing the female driver instantly. The news report indicates that the innocent victim was a female in
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Death To The Innocent: A Preventable Result of High Speed Pursuit Chases

We read in the paper about a tragic death which occurred in Pittsburg, Kansas on July 17 of this year. According to news accounts, deputy Sheriffs in Cherokee County, Kansas were pursuing a driver who had committed traffic violations. During the high speed pursuit, the fleeing suspect rear-ended another vehicle on the road resulting in the death of a 13-year old innocent victim. The child’s mother was taken to a nearby hospital but the news accounts released thus far do not indicate the severity of
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Accutane Removed From Market

Accutane, a popular, but dangerous, acne drug has been pulled from the U.S. market by its manufacturer, Roche Holdings, a Swiss company. Currently, Accutane is the subject of about 700 lawsuits alleging that the drug caused inflammatory bowel disease. Most of the lawsuits have been consolidated in the courts of New Jersey, where the drug is manufactured by Hoffman -LaRoche, a U.S. subsidary of Roche Holdings.

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2009 Increase in Number of Police Officers Killed in The Line of Duty

According to a report issued by the National Law Enforcement Officers Memorial Fund the number of law enforcement officers killed in the line of duty jumped twenty percent (20%) during the first six months of 2009. The number of officers killed in traffic related incidents increased seventeen percent (17%) during the first six months of 2009 from 30 to 35 deaths. Of interest is the fact that more officers are killed in the line of duty in traffic related accidents than they are with incidents
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$24 Million Awarded in Medical Malpractice Case

Georgia injury lawyers know that a medical providers failure to diagnose a condition or even mis-diagnose a condition can, and often does, result in the wrongful death of a patient.
A Tennessee state court jury has awarded nearly $24 million to a woman in what is one of the largest medical malpractice verdicts ever in the state of Tennessee. The lawsuit alleged her doctor failed to diagnose a lump that she complained about over the course of 18 months. The lump turned

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Medical Malpractice Myths

Now that the Obama administration is proposing health care reform, big insurance companies and some doctors associations are attempting to graft so called “tort reform” into the legislation. Georgia residents are already faced with a very restrictive system which affords doctors, hospitals, and other health care professionals with extraordinary protections against lawsuits. Even in the worst cases of malpractice victims are restircted to a recovery for non economic damages of no more than $350,000.00.
The New York Times today ran an excellent guest editorial regarding
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Georgia Boating Accidents

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents and collisions. Boating accidents usually occur in our area either on a privately owned vessel or on a personal watercraft (jet ski). Some of the causes include:
Boater error
Boater inexperience
Boating under the influence of drugs and/or alcohol
Equipment failure
Adverse weather and/or water conditions
A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers
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