Personal Injury & Wrongful Death

Defective Medical Device Question Before Supreme Court

The United States Supreme Court heard arguments yesterday in a case which may have a major impact on lawsuits against medical device makers brought by patients who have been injured by defective products. The Supreme Court will be asked to consider whether patients can bring lawsuits over defective devices which have been cleared for sale by the Food and Drug Administrations’ approval process. In this case, a federal appeals court barred a suit which claims a New York man suffered permanent injury when a Medtronic
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Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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How Lawyers Use Medical & Forensic Evidence in Wrongful Death Cases

Losing a loved one unexpectedly due to someone else’s negligence is devastating.

In such tragic circumstances, hiring a wrongful death lawyer becomes essential.

If you’re located in Atlanta and facing such a difficult time, finding the right wrongful death lawyer near me can make a significant difference.

An experienced Atlanta wrongful death lawyer understands the nuances of medical and forensic evidence, which can profoundly impact the outcome of your case.

At Finch
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How an Atlanta Medical Malpractice Lawyer Can Help You

If you or a loved one has been harmed due to a healthcare provider’s negligence, seeking justice can feel overwhelming.

Navigating the complexities of a medical malpractice lawsuit requires deep legal knowledge, aggressive representation, and compassion.

That’s where an experienced medical malpractice lawsuit lawyer in Atlanta becomes your most valuable ally.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, nurse, hospital, or any healthcare professional breaches the standard of care, causing
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Medical Negligence vs. Malpractice: What’s the Legal Difference?

When seeking justice for an injury caused by a healthcare provider, many people struggle to understand the difference between medical negligence and medical malpractice.

While these terms are often used interchangeably, they have distinct legal meanings that impact how a case is handled in court.

If you’re searching for how to find a medical malpractice lawyer or need a medical malpractice lawyer near me in Atlanta, understanding this difference is crucial.

This article will help
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The Most Dangerous Highways for 18-Wheeler Accidents

Atlanta, a major transportation hub in the Southeast, is home to some of the busiest and most dangerous highways in the country.

The city’s intricate network of interstates and major roads experiences heavy commercial truck traffic daily, increasing the risk of severe 18-wheeler accidents.

These massive vehicles, often weighing up to 80,000 pounds, pose significant dangers when involved in collisions.

For victims of such accidents, the consequences can be devastating—leading to severe injuries, loss of
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How Wrongful Death Settlements Are Paid Out in Georgia

Losing a loved one due to another party’s negligence or misconduct is devastating.

While no amount of money can truly compensate for the loss, Georgia law allows families to seek financial relief through a wrongful death lawsuit.

These claims aim to provide monetary compensation for lost income, emotional suffering, and other damages caused by the wrongful death.

Understanding how wrongful death settlements are paid out is crucial for families navigating this difficult process.

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How to Find a Top-Rated Truck Accident Lawyer in Atlanta Fast

In the bustling streets and highways of Atlanta, truck accidents can happen in the blink of an eye—often with devastating consequences.

If you or a loved one has been involved in a serious truck accident, you don’t have time to waste. You need legal representation that’s experienced, effective, and fast.

But with so many options available, how do you find a top-rated truck accident lawyer in Atlanta quickly?

This guide will walk you through everything
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Medical Malpractice Lawyer: 5 Must-Have Qualities

Medical malpractice is one of the most complex legal areas, requiring a lawyer with extensive experience, resources, and legal acumen.

If you or a loved one has suffered due to a healthcare provider’s negligence in Atlanta, you need an attorney who can fight for justice and secure fair compensation.

However, how to choose a medical malpractice lawyer is a critical decision that can significantly impact the outcome of your case.

With so many lawyers offering
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Driver Fatigue and Truck Accidents: Who’s Liable?

Truck accidents are some of the most devastating and dangerous incidents on the road.

Due to their massive size and weight, semi-trucks can cause catastrophic damage in collisions, leading to severe injuries and fatalities.

One of the leading causes of truck accidents is driver fatigue, a condition that impairs reaction time, decision-making abilities, and overall vehicle control.

Fatigue is a significant risk in the trucking industry, where drivers are often
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Rollover Truck Accidents: Causes, Injuries, and Legal Options

A rollover truck accident is one of the most catastrophic types of crashes, often leading to severe injuries and significant legal complexities.

If you or a loved one has been involved in such an accident, consulting a truck accident lawyer is essential to protect your rights and pursue fair compensation.

This article explores the primary causes of rollover truck accidents, the injuries they cause, and the legal options available to victims.

Understanding Rollover Truck Accidents

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Medical Malpractice Lawyer vs. Personal Injury Lawyer: Who Should You Hire?

When facing injuries caused by negligence, choosing the right legal expert is essential.

Many people struggle to decide whether they need a medical malpractice lawyer near you or a personal injury lawyer.

While both handle injury claims, the key differences lie in their areas of expertise, the types of cases they take on, and the legal process involved.

If you’re in Atlanta, knowing when to hire a medical malpractice attorney versus a personal injury lawyer
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