Finch McCranie, LLP

Motorcycle Accidents and Serious Injuries: An Unfortunate Combination

We have posted entries before about traumatic amputations and just how profound such injuries can be on the victims of the same. Unfortunately, we have seen these injuries too often in the context of motorcycle accidents. Because there is so little protection to the human body, if an accident is bad enough, the unfortunate victim riding on the motorcycle can lose a leg, an arm, a foot or a hand. In addition to traumatic amputations, traumatic brain injuries are also a distinct possibility in
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Peanut Corp. Of America Salmonella Strain Has Also Been Linked To Texas Plant

Georgia injury lawyers have seen products liability cases involving food poisoning for years; however, none like the one involving Peanut Corp. Of America (PCA). It appears that the problems of PCA extend well beyond their Georgia processing facility. Federal officials said Tuesday that tests have confirmed that peanut butter made from peanuts processed at a Texas plant contains the same strain of salmonella blamed for the poisoning hundreds in a national outbreak. Both the Texas plant and the Georgia plant were operated by PCA,
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Motorcycle Accidents Usually Result In Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. Some result in brain injuries and others involve amputation of limbs. Just in the last couple of weeks ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was struck in an intersection by a medical doctor who ran a red light in her SUV. As a result of
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Georgia Residents May Be Affected By FDA Drug Ban

The U.S. Food and Drug Administration has prohibited Ranbaxy Laboratories Ltd., India’s largest drug manufacturer, from introducing new generic drugs from one of its factories after it falsified data about products’ shelf life.
Yesterday, the FDA announced that a facility owned by Ranbaxy Laboratories falsified data and test results in approved and pending drug applications. The facility, Paonta Sahib, has been under an FDA Import Alert since September 2008.
The FDA announced that it was continuing to investigate this matter to ensure the safety and
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Georgia Motorcycle Accident Claims Life

As Georgia injury lawyers we see many wrongful death cases from motorcycle accidents. Most motorcycle accidents seem to involve young drivers; however, that is not always the case. In the last two weeks, a Georgia man was killed in a single-vehicle motorcycle accident when the driver, age 57, lost control of his 2009 Revtech EX Wide motorcycle in a curve and laid the bike down on its left side. According to the Georgia State Patrol’s investigation, the motorcycle left a 113 foot-long gouge
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Medical Device Maker Under Investigation

Stryker, a leading maker of medical devices is reportedly the subject of a Justice Department investigation into Stryker’s marketing of human bone growth products. The investigation has already resulted in guilty pleas by former company sales representatives. Two former sales representatives pleaded guilty to charges that they had promoted off-label use of the products even though they knew that such use had earlier caused problems in some patients.
The investigation is reported to involve several issues. These include whether Stryker abused a federal exemption that
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Legal Maneuvering In The Georgia Peanut Salmonella Case

It was announced last week that The Peanut Corporation of America has decided to file for bankruptcy. Under bankruptcy law, one may not sue a company that has filed for bankruptcy protection. Accordingly, with respect to the wrongful death actions and serious injury claims that are likely to be brought as a result of the widely reported salmonella contamination at the Company’s Blakely, Georgia plant, the corporation has cleverly maneuvered into bankruptcy court to prevent the filing of these lawsuits. This will buy the corporation
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Georgia Victims Denied Legal Remedies

Many Georgia consumers have been impacted by a recent Supreme Court ruling granting immunity from lawsuits to medical device makers for products approved by the Food and Drug Administration (FDA). Our Atlanta Georgia lawyers have previously written about this decision.

Since that ruling judges in Georgia and across the United States have used it as a basis to dismiss cases against a wide range of manufacturers, including Medtronic. The most recent dismissal was this past Tuesday, by the Wisconsin Supreme Court.

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Dangerous and Defective Products

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving many different defective and dangerous products, including a defective and dangerous deer stand. When these products fail, catastrophic injury or death often results. This week I read about a recent case in which a jury returned a $157M (million) dollar verdict in a wrongful death case against three companies, L & L Enterprises in Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Florida, and TSR Inc. in Pace,
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Children and ATVs – A Dangerous Combination

Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in
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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
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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
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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
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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
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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
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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
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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
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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.

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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
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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
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