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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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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How Long Do You Have to Sue for Medical Malpractice?

When it comes to medical malpractice, time is of the essence. If you believe you have been a victim of medical negligence, you may wonder how long you have to take legal action and sue for medical malpractice. The timeline for categorizing a medical malpractice lawsuit can vary depending on many elements, including the jurisdiction and the nature of the case. In this article, we will delve into the intricacies of the medical malpractice statute of limitations and provide you with a comprehensive understanding

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What Percent Of Motorcycle Accidents Result In Injury Or Death?

Motorcycle accidents can have severe consequences, often resulting in injuries or even fatalities. Understanding the statistics and factors involved in motorcycle accidents can provide valuable insights into the risks riders face on the road.

Common Causes Of Motorcycle Accidents

Motorcycle accidents can occur due to various reasons, including:

What Percentage Of Motorcycle Accidents Are The Rider’s Fault?

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How Long Does a Medical Malpractice Law-suit Take?

When it comes to medical malpractice cases, time is of the essence. Patients who have experienced harm due to medical negligence often wonder how long it will take to resolve their lawsuit. While there is no definitive answer, as each case is unique, it’s essential to understand the typical timeline and factors that influence the duration of a medical malpractice lawsuit. This article will delve into the different stages of a medical malpractice case and provide insights into the time it may

take to resolve.

Typical Timeline of a Medical Malpractice Lawsuit

The Initial Stages: Filing a Law-suit

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What Is Product Liability Law? – Legal Considerations To Know

Product liability law refers to the legal framework that holds manufacturers, distributors, and sellers accountable for defective products that cause harm or injury to consumers. It is based on the principle that companies are responsible for ensuring the safety & quality of the products they bring to the market. When a product fails to meet these qualities & results in harm, the injured party may have grounds for a product liability claim.

Understanding product liability law

is crucial for both consumers and businesses. Knowing their rights and obligations enables them to navigate the complexities of product liability cases more effectively.

Understanding The Product Liability Law

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What is the Statute of Limitations on Medical Malpractice Cases?

Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first understand the limitations period. This article will delve into the complexities of the medical malpractice statute of limitations, its significance, the factors influencing it, and how to effectively

navigate the legal process.

Understanding the Law of Limitations for Medical Malpractice

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What Is Medical Malpractice And Negligence

Medical malpractice is when a healthcare expert, such as a doctor, nurse, or other medical personnel, deviates from the obtained standard of care, resulting in harm or injury to a patient. On the other side, negligence is a broader legal concept encompassing various forms of professional medical malpractice and misconduct.

Medical malpractice takes place when a healthcare provider fails to provide the quantity of care that a reasonably skilled and competent professional in the

same field would provide under similar circumstances. It involves an act or omission that falls below the standard of care, causing injury, harm, or even death to a patient.

What Constitutes Medical Malpractice?

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Opioid Prescriptions, Prosecution of Physicians, and the Mens Rea Dividing Line

opioids

In response to the opioid crisis, the Department of Justice (“DOJ”) has long prioritized prosecution of doctors prescribing opioids in violation of the Controlled Substances Act (“CSA”), 21 U.S.C. § 841.

Passed in 1971, the CSA is an expansive criminal statute originally designed to prosecute people involved with trafficking so-called street drugs—i.e., marijuana, heroine, cocaine, and the like.

Because the CSA was not created to target licensed medical doctors prescribing controlled substances with legitimate medical uses (e.g., opioids)—or to criminalize the provision of socially beneficial medical care more generally—there have long been questions about how to apply the CSA fairly in physician prosecutions.

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