Personal Injury

Another Unfair Mandatory Arbitration Clause Bites The Dust

Another bank with a large presence in Georgia has bowed to pressure from consumers and consumer advocacy groups and abandoned the unfair practice of mandatory arbitration. Bank of America Corp. announced it will stop requiring that disputes with its credit card holders and banking and lending customers be settled by binding arbitration.
As we have written before, many consumers are unaware that card agreements typically include a clause that waives a card holder’s right to sue. Lenders instead use arbitration to go after delinquent accounts
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Health Insurer MIsleading Practices Exposed

A health insurer which sells policies in Georgia and other states has been subjected to a major fine and other sanctions by the state of New York, after New York officials accused it of leaving patients with huge hospital bills.
The American Medical and Life Insurance Co., advertising through an intermediary called Cinergy, markets health insurance as a lower cost option for the uninsured and underinsured. It was pitched as costing just $5 a day, or the cost of a hamburger or pack of cigarettes.
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Police Pursuits and Death to the Innocent: The Police Don’t Get It

We read this week the tragic news of eight (8) deaths in a police chase in California. According to news accounts, the police were trying to stop a Dodge Neon over alleged traffic infractions when the pursuit began. Is it worth risking the death penalty to innocent members of the motoring public to catch a traffic violator? There is nothing in the news accounts indicating that this violator was known to the police to be violent. Nonetheless, even though police chases present much greater
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Jury Awards Woman $4 Million For Doctor’s Negligence In Emergency Room

Georgia injury lawyers representing victims of medical malpractice are still disheartened about the so-called “tort reform” that the Georgia Legislature has enacted in the last two or three years. Most Georgia citizens have no idea that they have given virtual immunity to Georgia emergency room physicians. If you are a patient in a Georgia hospital emergency room and you are seriously injured or meet your death as a result of an emergency room doctor’s negligence or medical malpractice, you cannot
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FDA Announces Reforms To Protect Consumers

Many Georgians were affected by the recent salmonella outbreak related to peanut butter. Some were sickened by the defective product and others lost jobs in the peanut processing plant that became ground zero for the recall. Now, the Food and Drug Administration has announced it is moving towards stronger, more aggressive and much faster responses to enforcing the laws and regulations that govern the safety of drugs, medical devices and much of the U.S. food supply,
New FDA commissioner Margaret Hamburg has been in office
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Second Georgia Motorcycle Accident In A Week Seriously Injures Biker

For the second time this week a man has been seriously injured in a Georgia motorcycle accident. A Tennessee man who is a member of the Steelehorseman motorcycle club in Nashville was on his way to the National Biker Roundup at the Atlanta Motor Speedway when the accident occurred on I-7 S at State Route 92 in Atlanta. He was airlifted to Grady Hospital where he is being treated for his injuries. The accident is under investigation. Yesterday’s motorcycle accident resulted in the
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Police Chases and Russian Roulette: Death Penalty for the Innocent

We read today about a deadly police chase which occurred over the weekend which is both tragic but also unbelievable. In this particular case, the police were chasing a 20-year old male in Pennsylvania allegedly for driving a vehicle which was reported as stolen. During the high speed pursuit which ensued, the police chased this individual through, according to news accounts, “39 stop signs and/or stop lights.” In other words, during this pursuit, the police witnessed this individual as a result of the high speed
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Arbitration Exposed As Being Controlled By Big Business

Forced arbitration in consumer contracts has become a way of life in the United States. Almost all consumer contracts and purchase agreements contain clauses requiring a person that has been the victim of fraud, negligence, or intentional harmful conduct by a large company to give up their rights to a jury trial and submit to arbitration.
For many years consumer and lawyer groups have complained that these arbitration panels are stacked against consumers and serve as nothing more than “bought” protectors of large companies.
Recently,
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Cell Phone Usage and Auto Accidents

Our Atlanta car accident attorneys frequently review cases in which the negligent driver has been distracted while conversing on a cell phone. Recently, the consumer advocacy groups Public Citizen and the Center for Auto Safety obtained records showing that since 2003, the government has known that drivers talking on their cell phones experience the same potentially deadly distraction whether they are using a handheld device or hands-free technology.
In a press release the groups stated that by keeping this information secret from the public
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Servicemembers Have No Recourse For Malpractice

Many servicemembers and dependents reside in Georgia. While servicemembers can receive care at military hospitals they have no rights if they are the victim of malpractice, no matter how egregious. The Feres Doctrine, named after a 1950 Supreme Court decision, grants complete immunity to military health care professionals who commit malpractice upon service members. Service members who have sacrificed for their country and become victims of malpractice are left to suffer the consequences with no recourse.
This injustice has again come to light in
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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Some Chrysler Minivan’s May Have Defective Airbag Sensor

Chrysler Group LLC announced on yesterday it will replace a front airbag crash sensor in more than 355,000 minivans. Careful not to call it a “recall”, Chrysler says it’s “safety improvement campaign” covers its 2005 -2006 Chrysler Town and Country and Dodge Grand Caravan minivans sold in the United State and Canada.
Chrysler’s “safety improvement campaign” came about because they discovered that under certain environmental conditions one of the front airbag sensors could crack allowing water to enter the sensor potentially rendering it inoperable. In
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Yaz/Yasmin – Gall Bladder Damage

Recently, the Georgia injury lawyers at Finch McCranie, LLP got a call from a former client who advised us that her 21 year old daughter had been having gall bladder problems that led to her having her gall bladder removed. It turned out that she had been taking one of two related dangerous drugs that have become associated with such health problems, Yaz. Yasmin became a very popular seller for Bayer Corp. almost immediately upon release to the public in 2001
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Crib Safety Regulations Announced

Defective and dangerous infant cribs have become a major problem across the United States. Since September 2007 the Consumer Product Safety Commission, CPSC, has recalled more than 6 million cribs due to dangerous designs and defects. These problems include failures related to drop sides, hardware and wooden slats.
Consumer advocates and health professionals have long complained that federal safety requirements governing cribs do not address the durability of drop-sides on cribs and related hardware, as well as wood strength and quality and other issues.
Wednesday,
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