Personal Injury

Avandia – A Dangerous Diabetes Drug

Avandia was approved by the FDA in May 1999 for use in improving control of blood sugar levels in Type 2 diabetics. Since its approval, Avandia, which is manufactured by GlaxoSmithKline, has been used by more than seven million people worldwide and is, today, being used by over one million Americans.
According to a study on Avandia conducted by the Cleveland Clinic which was published on May 21, 2007, by the New England Journal of Medicine, the popular drug is linked to a greater risk
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Defective Hernia Repair Mesh Patch Recalled

The Composix® Kugel Mesh Patch is used to repair inguinal, ventral and laparoscopic hernias. The purpose of the patch is to keep the intestines in the abdominal cavity. The patch is typically placed behind the hernia defect by means of an incision. The patch is then held open by a memory recoil ring.
The Composix® Kugel Mesh Patch was recently recalled by its manufacturer, Davol, Inc., a subsidiary of C.R. Bard, Inc., after it was discovered that the memory recoil ring can break under stress
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Serious Injury Settlements–Are They Taxable?

Many people we have represented in serious personal injury cases whether they workplace accidents, trucking accidents, automobile accidents or dangerous products have asked whether settlement proceeds or payments made to an injured party as aresult of a jury verdict are taxable. The general rule is that those payments are not taxable.
The Internal Revenue Code provides, “Except as otherwise provided”, gross income for the purpose of calculating Federal income tax includes “all income from whatever source derived”. Sec. 61(a). This definition is sweeping in scope,
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If You Are Injured In A Motor Vehicle Collision – Do’s and Don’ts

In Georgia, the driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.
In
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Report Underscores Dangers of Medicines

A recent study reported in the Archives of Internal Medicine has concluded that reports to the Food and Drug Administration of dangerous side effects and deaths from widely used medicines almost tripled between 1998 and 2005. The number of deaths and serious injuries from prescription and over-the-counter drugs climbed from 34,966 to 89,842 during the time period.
Powerful narcotic painkillers such as Oxycontin, were among 15 drugs most often linked with deaths in the study. Other drugs such as insulin, the arthritis drugs Vioxx and
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Closed Head Injuries and Brain Damage

Any trial lawyer who has ever handled a closed head injury case knows that brain damage can occur even if there is no direct blow to the head. Quite literally, the brain is like a bowl of Jell-O. If the head is shaken, the brain moves within the skull and due to acceleration and rotational forces, not necessarily direct blows, the brain can be damaged. Nor does an injury have to be severe to cause lasting brain injury. In short, a closed head injury without
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Consumer Drugs and Serious Injuries: A Growing Problem

According to an article that appeared in the U. S. News and World Report on September 10, 2007, the number of serious “adverse” drug events more than doubled between 1998 and 2005 in the United States as did a number of related deaths. Adverse event reports are filed when a doctor or hospital realizes that a patient has suffered a serious drug event that has resulted in death, hospitalization and/or other life threatening complications which requires medical intervention to prevent harm. Between 1998 and 2005,
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Side Crash Protection To Be Standard In Cars

Our lawyers frequently review cases in which cars sustain side impacts which result in serious injury and death. Beginning in the 2013 model-year all new passenger vehicles will be required to provide head protection for side crashes. New regulations, announced by the National Highway Traffic Safety Administration, are designed to reduce deaths and injuries of motorists who are struck by another car or truck along the vehicle’s side
The safety upgrades, which have been under review since 2004, could save more than 300 lives and
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Codeine Can Be Fatal to Breast-Feeding Infants

The US Food and Drug Administration (FDA) adverse event and reporting program has issued a warning that medications containing codeine given to breast-feeding mothers who rapidly metabolize codeine into morphine may cause adverse effects in their infants.
Codeine is generally considered safe for use in nursing mothers; however, last year, a healthy 13-day- old breast-fed infant died from very high levels of morphine received through breast milk. The mother was taking codeine at a dose lower than that usually prescribed for post delivery pain. However,
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Causes of Falls in Nursing Homes

While reviewing cases involving falls in skilled nursing facilities our lawyers have determined that there are several causes of falls that we see frequently. The first involves patient’s characteristics. Dementia associated with “sundowner” syndrome or nighttime confusion is a common occurrence. In this situation, the patient may awake in the middle of the night not knowing where he or she is, experience a drop in blood pressure from arising too quickly, and have a momentary dizzy spell. This almost invariably leads to a fall.
Another
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Health Insurer Targets Women With Breast Cancer For Denial Of Coverage

Our Atlanta lawyers constantly receive calls from consumers who have had their health insurance companies refuse to pay for necessary treatment or have had their insurance cancelled after they become sick. A recent report has reveled that WellPoint, the nation’s largest health insurer, has aggressively targeted women with breast cancer with the intent of canceling their health insurance policies.
Reuters news service cited federal investigators and regulators as a source of this information. According to the report, WellPoint has used a computer program to automatically
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Suing Government Officials In Georgia

Most members of the public do not realize that it is very difficult to sue a government official. As long as government officials are acting within the scope of their discretionary authority, they are typically immunized by law from legal liability for mistakes they make, even including claims involving negligence, gross negligence and/or recklessness. The main exception to this rule typically involves the operation of automobiles for which there has been a statutory waiver of sovereign immunity in Georgia. There are, however, other limited exceptions
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How To Reduce Medical Malpractice Claims

Medical malpractice became a hot button issue in the recent healthcare debate. Many politicians, healthcare workers, and large insurers argued that medical malpractice cases are a large contributor to the rising cost of healthcare in the United States. Even though this line of argument has been consistently proven to be false, it was constantly brought up buy opponents of healthcare reform.
There is a better way to reduce the number of medical malpractice cases without sacrificing innocent victims who have been maimed due to
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Food Safety

The safety of the United States food supply is a vital interest of all citizens. The recent deadly outbreaks of salmonella poisoning in peanuts, spinach, and other foods has brought the lack of safeguards in the food supply chain to the forefront.
A new report by the U.S. Food and Drug Administration’s inspector general, released last week, documents an outdated and ineffective federal food safety program with too few inspectors, too skimpy legal authority and too little funding.
Faced with the reality of overseas food-processing
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Police Pursuit Policies Changed: More Changes Needed

Finch McCranie has been representing innocent victims caught up in police chases for over a decade. While the police should chase violent felons who are endangering the public, many of these cases involve chases where the police are pursuing non-violent or mere traffic offenders at high speeds with the end result being a third party killed or injured, caught up by happenstance in the dangerous pursuit. We have long advocated that the police should pursue violent offenders where the risk of the chase to
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High Chair Recall

Our Atlanta product liability lawyers see many cases involving defective products which cause injury. None are more disturbing than those involving children. There have been 24 reported injuries of children involving Graco Harmony highchairs. In an effort to avoid further injuries Graco Children’s Products announced Thursday that it is recalling 1.2 million Harmony highchairs because of stability issues.
The company makes car seats, strollers, swings and other products for kids. It reported that that its Harmony highchairs can be unstable and tip over. The highchair
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PEDS Wire Hunt to Continue

In February of 2006, John Lamb was killed when a bicycle he was riding became entangled with hazardous utility wires which draped across a city sidewalk. Mr. Lamb did not see the wires that were still attached to the utility pole until it was too late. Unfortunately, he was thrown from his bicycle, landed on his head, broke his neck and was killed.
This spring, PEDS, a pedestrian safety advocacy group located in Atlanta, will be conducting the Second Annual John Lamb Hazardous Wire Hunt.
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Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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