Finch McCranie, LLP

Dangers From MS Drug Tysabri

Many drugs which offer promising cures when first introduced later prove to be ineffective or even dangerous. One that falls in the dangerous category is Tysabri, manufactured by Biogen, Inc. Tysarbi is a prescription medicine approved for patients with relapsing forms of MS. It has been shown to slow the worsening of disability that is common in patients with MS and decrease the number of flare-ups or relapses of the disease.
However, Biogen recently reported the ninth confirmed case of progressive multifocal leukoencphalopathy (PML)
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ATV Liability – Do You Have Insurance Coverage Under Your Homeowners Policy?

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate

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Medical Errors At VA Hospital Concealed

Our Atlanta medical malpractice attorneys frequently see cases in which the practices engaged in by physicians are questionable. Yet in many instances the practices are so egregious that one has to wonder how the medical establishment could allow them to occur or continue. Yesterday, the New York Times reported just such a situation at a VA Hospital in Philadelphia.
In a common treatment for prostate cancer, doctors implant dozens of radioactive seeds in the prostate to attack the cancerous cells. But, according to reports,
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Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children
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Zicam Recalled for Dangerous Effects

Yesterday, the Food and Drug Administration (FDA) warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell, a condition called anosmia.
The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.
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ATV Accident Results in Serious Injury and Criminal Charge

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained

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Medical Malpractice Awards Decrease

Medical malpractice claims in Georgia are constantly coming under fire from insurance companies and doctors who allege they raise the costs of medical care through increased insurance costs to doctors. For many years our Atlanta based attorneys have watched as these large insurance companies and medical groups spend massive sums to influence politicians to enact legislation eroding the rights of innocent victims of medical negligence.
A recent study in New York has exposed these false arguments.Data from the National Practitioner Data Bank show 1,882
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Police Chase For Non-Violent Crime Turns Deadly

We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither
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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part III)

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are
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When a Privileged Conversation Isn’t: The Crime-Fraud Exception to Attorney-Client Privilege

a binder of files chained with a padlock

When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government?

This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny.  “The extensiveness and complexity

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“Extra Icing on a Cake Already Frosted”: The Supreme Court’s Continuing Concern with Overcriminalization

Extra Icing on a Cake Already Frosted

You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.”

That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which the Court reversed the Eleventh Circuit Court of Appeals in a prosecution arising under the Computer Fraud and Abuse Act (CFAA).  After considering “the text, context, and structure” of the CFAA, the Court resolved the issue in dispute—i.e., the cake was “frosted.”  But the Court then added “extra icing” and emphasized—again—its profound concerns with federal prosecutors using broad federal criminal laws to target ordinary, seemingly innocent conduct.[1]

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Punitive Damages in Atlanta, Georgia Wrongful Death Cases

Punitive DamagesAs mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985).

Like with the wrongful death claim itself, punitive damages were not allowed under common law.

They are statutory in nature, and consequently, they are strictly construed.

The relevant statute
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What damages are available in an Atlanta, GA wrongful death case?

Punitive Damages LawyerThis is Part I of a discussion concerning what damages are available in Georgia wrongful death cases.  Part II will be published next week.

Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for any of the necessary or personal expenses of the decedent had he or she lived;
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Predictions For Future PPP Fraud Prosecution By DOJ

PPP Fraud Prosecution

[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021.  The article concerns PPP fraud and enforcement.  Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions.  If you are contacted by a law enforcement or regulatory authority regarding a PPP loan or other business transaction, do not hesitate to contact our capable team.]

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What is the “trial penalty” in federal criminal cases and does it mean I shouldn’t take my case to trial?

trial penalty

Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial.  And yet, because of the trial penalty, that happens all too often.[1]

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Trucking Accidents and Commercial Vehicle Accidents in Georgia

Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck.  The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia.  A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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The Right to Confrontation in an Era of Videoconferences

Videoconferencing has skyrocketed in popularity because of the pandemic.  Just check Zoom’s stock.  Seemingly overnight, what used to be an irregular method of business communication has become commonplace.

Courts have embraced the craze, frequently holding hearings and other meetings by video.  But there are limits to what a court can permissibly accomplish by video.  While some observers have suggested videoconferencing is a potential solution to the problem of requiring live, in-person testimony during a pandemic spread by airborne particles, the Supreme Court of Michigan held in a recent criminal appeal that “two-way, interactive video testimony violated the defendant’s Confrontation Clause rights.”[1]

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Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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DOJ’s Focus on PPP Fraud and Some Investigative Considerations in Evaluating a Client’s Exposure to Prosecution

In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals.  In short order, a torrent of federal spending flowed.  While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional relief programs, the Department of Justice (“DOJ”) remains focused on investigating and prosecuting fraud schemes arising from relief programs rolled out at the beginning of the pandemic.[1]

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