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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Dangerous Dehumidifiers Recalled

The Georgia injury lawyers at Finch McCranie, LLP handled a wrongful death case several years ago wherein we represented the family of a young boy who died in a house fire caused by a defective humidifier.
This week it was announced that Home Depot is recalling Chinese manufacture dehumidifiers because they pose a fire hazard according to the U.S. Consumer Product Safety Commission. The recall involves approximately 2,000 Hampton Bay model HB-50 dehumidifiers. The U.S. Consumer Product Safety Commission says that an
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Georgia Teenager Struck By Car

As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.
Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother
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Suing The Government: Pre-Suit Notice Requirements

It is a sad reality that innocent citizens are oftentimes injured by their own government. City and county employees and/or state employees operate vehicles on a day-to-day basis and like other drivers sometimes are guilty of negligence which cause considerable damage to innocent third parties. Because of the expansive conduct of governmental entities in virtually every aspect of our lives, there are many other real life scenarios whereby innocent third party citizens cam be and are injured by the acts of government employees. In such
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Important Victim’s Rights Statute Under Review

The Georgia Court of Appeals has recently accepted an Application for Interlocutory Review of a very important victim’s rights statute in this state. Here we refer to a case in which we represent the Plaintiff involving a tolling provision for the statute of limitations for victims of crime. O.C.G.A. § 9-3-99 was enacted as part of the Crime Victims Restitution Act of 2005 and will now be interpreted by the Court of Appals after a ruling in this appeal. Its tolling provision reads as follows:

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Two Infant Deaths Lead To Recall Of Amby Baby Motion Bed

The Consumer Product Safety Commission announced that about 24,000 Amby Baby Motion Beds – hammocklike beds have been recalled. According to the Consumer Product Safety Commission the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock’s fabric or mattress pad, posing a suffocation risk.. The CPSC has instructed customers to stop using the products immediately.
The beds, made by Amby Baby USA of Minneapolis, Minnesota, were sold online through Ambybaby.com and other retailers
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Georgia Bicycle And Pedestrian Accidents

Of all the possible traffic accidents in Atlanta, cases in which vehicles collide with a bicycle or a pedestrian can have the most tragic results. When walking or riding a bike, you do not have the same structural protection against impacts that you do while driving, so you are more likely to be the injured party, and you are more likely to be hurt badly.
If you are severely injured or if a loved one was killed in a bike or pedestrian accident due to
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Head-On Automobile Accident In North Atlanta Results In Death

Georgia injury lawyers know that any head-on collision between two vehicles is usually a serious matter. A head-on collision occurred today in Johns Creek on State Bridge Road which resulted in the death of one of the drivers and serious injuries to the two occupants of the other vehicle. Both individuals were airlifted to different metro Atlanta hospitals.
Automobile accidents are a leading killer of Americans. If you have been injured or lost a loved one due to an automobile accident,
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Emory Student Struck and Killed By Automobile

An Atlanta television station,11Alive, reported the death of a 19 year old Oxford College at Emory student who was struck and killed by an automobile as she was crossing the street. The girl was a native of North Carolina. Apparently the victim was crossing the street near the intersection of Mason Mill Road and Houston Mill Road in Atlanta when she was hit. The serious injuries she sustained resulted in her death early Saturday morning.
The Georgia injury lawyers at Finch McCranie,
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Dangerous Nurses May Be Practicing In Georgia

Dangerous nurses and healthcare providers may be practicing throughout Georgia. In 1987, Congress ordered federal health officials to create a database of state disciplinary actions against nurses and other health professionals. This database includes the names of those who, among other things, have been found to have committed physical, mental and sexual abuse of patients.
While each state is required to maintain a database, no nationally available database has ben created. When a hospital or temporary agency wants to hire a nurse, there’s no easy
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Auto Windows Pose Dangers To Children

The serious injury lawyers at Finch McCranie LLP handle many automobile related cases. A significant number of these involve product defects. One such defect that has remained under publicized is the threat posed by power windows to children.
The National Highway Traffic Safety Administration, NHTSA, estimates there are 1,995 injuries and six deaths a year related to power windows.
A consumer protection group, Kids And Cars, is calling upon NHTSA to require all automobile makers to equip vehicles with automatic reverse features so that
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