Personal Injury

NEW DRUG LABELING LAW

As the Georgia Injury Lawyer Blog attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, PDUFA. This Act creates new federal safety requirements for drug companies, and
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Spoliation or Destruction Of Evidence

Spoliation is defined as the destruction or a significant or meaningful alteration of evidence. For many years, in Georgia, spoliation of evidence has given rise to a presumption against the spoliator which has resulted in discovery sanctions in appropriate cases. Many states actually recognize a separate tort of spoliation. However, Georgia courts have not yet embraced that concept.
Spoliation of evidence is actually a type of fraud which interferes with the plaintiff’s opportunity to win a lawsuit. In some cases, it can logically be expanded
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Medical Malpractice or Frivolous Litigation?

It seems that all the time we read articles about the need for reform in the medical malpractice area because of so-called frivolous litigation. The argument always seems to be that claims are being brought which are frivolous and that medical malpractice rarely occurs. The truth is that, like any other human undertaking, malpractice does occur in the field of medicine. Sometimes, the malpractice can be egregious and the mistakes life altering.
Just today we read a story about a lady who had a double
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FORMER CHIEF JUDGE OF CLAYTON COUNTY SUPERIOR COURT JOINS FIRM

Stephen E. Boswell, former Chief Judge of Clayton County Superior Court, has joined one of the Atlanta area’s longest established law firms, Finch McCranie, LLP., according to Richard W. Hendrix, partner in the firm.
Judge Boswell recently retired from the Superior Court bench after serving 13 years as a Superior Court Judge, over two periods of service since 1982. Previously, he was in private practice in the Atlanta area for 16 years, with a variety of experience in civil and criminal jury trials.
As of
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Georgia Motorcycle Accident Kills One, Injures Another

We read in yesterday’s paper where one motorcyclist was killed and another seriously injured after their bikes were involved in a multi-vehicle wreck just outside of Atlanta in Cherokee County. According to the news accounts, the bikers were among a group of 40 to 50 taking part in a charity bike ride when the crash occurred. The news report indicates that a teenage driver struck a lady who was sitting stopped at a stop sign waiting for the motorcyclists to pass her when, after being
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Civil Restitution For Crime Victims In Federal Court

In 1996 the United States Congress enacted the Mandatory Victims Restitution Act of 1996, which makes restitution mandatory upon a defendant’s conviction for a federal violent or property crime in which there is an identifiable victim who has directly and proximately suffered physical injury or monetary loss. Upon conviction for other federal crimes, including drug offenses, the imposition of restitution is in the discretion of the sentencing court. In instances in which restitution is imposed, the court “shall order restitution to each victim in the
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Another Chinese Toy Recall

The Associated Press is reporting that yet another massive recall of Chinese-made toys has been issued. Toys and child necklaces made in China were recalled Wednesday because they contain dangerous levels of lead. The recalled toys contained high levels of lead on their surface paint and the necklaces and jewelry sets contain excessive lead in some of their metal parts.
Under current regulations, children’s products which contain more than .06% of lead accessible to users are subject to a recall. The Consumer Product Safety Commission
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Food Poisoning Danger – Recall Due To E. coli

Our firm was recently retained to represent a gentleman who almost died after he consumed a meal at a restaurant in south Georgia. It seems like our food supply is not as safe as it used to be. Time and time again we hear and read about horrific food poisoning injury cases, some resulting in death.
The U.S. Department of Agriculture reported this week that a New Jersey-based meat processor has voluntarily recalled 331,582 pounds of frozen ground beef products that may be contaminated with
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Effort to Control Hospital Infections

In an analysis made public this week, Consumers Union, the publisher of Consumer Reports Magazine, compared data compiled by the Federal Centers for Medicare and Medicaid Services showing compliance with infection control measures for hospitals in Maryland and Virginia.
Consumers Union is advocating a bill before Congress that will require hospitals to publish their infection rates. The analysis determined that the hospitals in both states generally performed about as well as hospitals nationwide. But, according to the study, the hospitals in each state varied greatly
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Gadolinium Contrast Agent – A Dangerous Drug Under Investigation

Many of us who have handled serious personal injury cases, including those involving brain injury have seen MRI’s performed using various contrast agents for years. One of those agents does not appear to be as safe as once thought. Gadolinium, or gadodiamide, is a contrast agent which allows an MRI to define normal tissue from abnormal tissue in the brain and body. The FDA declared Gadolinium safe for use in contrast MRI’s in 1988.
In June 2006, the FDA first notified health care professionals and
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MEDICAL EXPENSES OR OTHER BENEFITS WITH SUBROGATION

Subrogation is a complicated concept, likely unfamiliar until you find yourself entangled in a lawsuit. In the realm of personal injury cases, it empowers insurance providers to step into the injured party’s shoes, posing critical questions about medical expenses and responsibility.

Illustrating Subrogation in Personal Injury

Imagine being in a car accident through no fault of your own, resulting in medical treatments covered by your health insurance. If you decide to sue the at-fault driver, the crux becomes whether their insurance should reimburse your

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How to Prepare a Good Personal Injury Demand

To start, let’s define what a demand is. Demands come in many forms, but when it comes to personal injury, a market is a written formal request for payment to settle an outstanding claim or legal matter.  More simply, it is an offer stating the amount of money it would take for your client to pay all claims and dismiss or refrain from filing a lawsuit against the party that caused harm.  Accordingly, it must be presented well.

Writing a demand is an

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Damages in a Georgia Medical Malpractice Case

Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice. 

These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care. 

Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases. 

Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.

General Damages: Pain, Suffering, and Beyond

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Time Limitations in Georgia Medical Malpractice Cases

Time is a pivotal factor in legal proceedings, especially when dealing with medical malpractice cases in Georgia. 

These cases come with stringent limitations and exceptions, shaping the window of opportunity for seeking justice. 

Understanding the intricacies of these limitations is crucial, as they significantly impact the ability to pursue a case successfully.

Statute of Limitations: A Race Against Time

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Filing A Federal Tort Claims Act Case

In the realm of legal proceedings, understanding the nuances of filing a Federal Tort Claims Act (FTCA) case can be a complex but crucial endeavor.

Whether you’ve suffered injury, property damage, or any form of harm due to the actions of a federal government employee, the FTCA provides a path for seeking compensation.

This article delves into the process of filing an FTCA case, offering insights and guidance every step of the way.

Understanding the Federal Tort Claims Act

The FTCA is rooted in

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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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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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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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