Finch McCranie, LLP

Medical Malpractice Awards At Record Lows

A study released by Public Citizen found that medical malpractice payments were at or near record lows in 2008, but suggests the decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved.
Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from medical errors for every one who receives a payment for any malpractice claim, according to Public Citizen’s analysis of medical malpractice payment data and
(more…)

One Million Dangerous Playpens Recalled

Many Atlanta residents trust the safety of their young children to playpens. However, the Consumer Product Safety Commission is expected today to announce a recall of one million Kolcraft play yards.
The recall of the portable playpens, some of which include changing tables or bassinets, follows hundreds of complaints of collapsing sides and reports of 21 injured children. The playpens were made in China and distributed by Kolcraft Enterprises Inc. of Chicago.
According to press reports, a Kolcraft spokeswoman, confirmed the recall.
Since September 2007,
(more…)

Bone Fusion Agent May Be Dangerous

A bone growth agent used in thousands of spinal fusion surgeries for neck pain has been linked to complications and higher cost, according to the first nationwide study of the product. Spinal fusion is one option for people with back and neck pain, although some researchers have questioned how well it works.
In a spinal fusion, a surgeon removes the disc between two vertebrae and replaces it with the patient’s own bone, BMP or another product. If successful, new bone grows and fuses the vertebrae
(more…)

Tylenol and acetaminophen dangers

Adverse prescription drug reactions are more common than most consumer are aware, and can have serious consequences, including death. Seeking to address these problems, a Food and Drug Administration panel has recommended new limits on acetaminophen, the main ingredient in Tylenol. Acetaminophen is the most commonly prescribed drug in the U.S., and commonly used in other drugs and remedies such as cough and cold medicines.
Acetaminophen overdoses are the main cause of liver failure in the U.S. Accidental acetaminophen overdoses kill about 100 people
(more…)

No Injuries or Deaths Reported Following Georgia Parking Deck Collapse

Miraculously, there have been no reported injuries or deaths following an accident in Atlanta, Georgia. Yesterday a portion of a concrete parking deck in downtown Atlanta collapsed near the intersection of Spring and 5th Streets, damaging or destroying 38 vehicles. The deck is a pre-fabricated, pre-cast concrete structure that was built eight years ago. The cause of the “pancake collapse,” where a section of the fourth floor fell onto the third, second and first floors, is still under investigation. Although the pre-cast concrete components
(more…)

Parking Deck Collapse

Atlanta is the scene of another structural collapse. It has just been reported that a parking deck collapsed in the area of Spring and 5th Streets in the midtown area of Atlanta. At this time there are no reports of injuries or deaths, but the efforts of firefighters and rescue personnel to access the collapsed areas have just begun.
Our Atlanta, Georgia, lawyers have investigated and filed lawsuits in numerous construction and structural collapse cases. The most notable was the collapse during the building of
(more…)

MIxed News For Victims Of GM Product Liability Cases

Product liability suits, especially those involving autos and trucks, generally involve life altering injuries and death. As a result of the recent bankruptcy of General Motors Corp., many of the pending and future claims involving GM products stood to be wiped out, leaving the victims with no recourse against the manufacturer. As part of its government-backed restructuring plan, GM wants to sell the bulk of its assets to a new company and leave behind unprofitable assets and other liabilities such as product-related lawsuits.
(more…)

Zicam Products Alleged To Be Dangerous Products

Federal officials are warning consumers to stop using Zicam, a popular cold remedy because they say that it could damage or destroy the users’ sense of smell. The Food and Drug Administration (FDA) has received 130 reports of people who lost their sense of smell after using Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs.
The products were introduced by Matrixx Initiatives of Scottsdale, Arizona in 1999. In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users
(more…)

Judge Rules Grout Cleaner Liability Suits Can Go Forward On Negligence Claims

Georgia injury lawyers see people seriously injured by dangerous products of all types. Many dangerous products result in the wrongful death of their users. A grout cleaner which was once sold by Home Depot is one product alleged to have been dangerous. Dozens of product liability lawsuits over injuries allegedly caused by the tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multi-district litigation, U.S. District Judge Thomas W.
(more…)

Dangerous Products Can Cause Serious Injuries or Death

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of dangerous products. The type and nature of these dangerous products runs the gambit. Products liability in Georgia has arisen primarily as a negligence concept and even today remains the most viable theory of products liability in terms of jury comprehension. It was announced this week that a federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile

(more…)

The Impact Of Pre-Existing Injuries On Personal Injury Cases

All experienced attorneys that practice in the personal injury field are familiar with insurance companies attempting to exploit prior injuries sustained by clients. The argument often used is that the injury caused in the car wreck, tractor-trailer accident, slip and fall incident, or other personal injury case was not caused by the negligence of the person being sued, but rather, that the victim of the negligence is simply malingering and/or claiming damages for a pre-existing injury. Insurance companies subpoena health records as far back as
(more…)

Five Hour Energy Drinks: A Potential Killer

According to the Food and Drug Administration (FDA), it has received reports of 13 deaths associated with the use of the popular “Five Hour Energy” drink. Because the FDA’s investigation is ongoing, currently it is not known what has caused these reported deaths. Is it because the product has too much caffeine that results in heart attacks? Or is it because of other ingredients in the drink which are not subject to FDA regulations (because it is considered a dietary supplement)? The Five Hour Energy
(more…)

Using The Glasgow Coma Scale To Determine The Severity Of Brain Injury

In many of our serious automobile collision cases we unfortunately find ourselves representing victims of a traumatically induced brain injury. During any serious car accident, unfortunately victims oftentimes strike their heads either on the seat or some other interior portion of the car. This can sometimes result in a loss of consciousness, confusion, dizziness or otherwise. When emergency personnel arrive at the scene of a serious wreck and diagnose those who appear to be confused or dazed, they typically use an assessment tool called
(more…)

Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
(more…)

What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
(more…)

Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
(more…)

Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
(more…)

High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

(more…)

Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
(more…)

Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
(more…)

Secret Link