Personal Injury

Another Police Chase: Another Innocent Person Killed

According to news reports out of Memphis, Tennessee, on Monday, July 20, a suspect was on the run from the police when he ran a red light striking another vehicle and killing the innocent driver of that vehicle. The newspaper reports said the suspect was fleeing from the police in a stolen vehicle and that when he hit the other car he did so on the driver’s side killing the female driver instantly. The news report indicates that the innocent victim was a female in
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Death To The Innocent: A Preventable Result of High Speed Pursuit Chases

We read in the paper about a tragic death which occurred in Pittsburg, Kansas on July 17 of this year. According to news accounts, deputy Sheriffs in Cherokee County, Kansas were pursuing a driver who had committed traffic violations. During the high speed pursuit, the fleeing suspect rear-ended another vehicle on the road resulting in the death of a 13-year old innocent victim. The child’s mother was taken to a nearby hospital but the news accounts released thus far do not indicate the severity of
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Accutane Removed From Market

Accutane, a popular, but dangerous, acne drug has been pulled from the U.S. market by its manufacturer, Roche Holdings, a Swiss company. Currently, Accutane is the subject of about 700 lawsuits alleging that the drug caused inflammatory bowel disease. Most of the lawsuits have been consolidated in the courts of New Jersey, where the drug is manufactured by Hoffman -LaRoche, a U.S. subsidary of Roche Holdings.

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2009 Increase in Number of Police Officers Killed in The Line of Duty

According to a report issued by the National Law Enforcement Officers Memorial Fund the number of law enforcement officers killed in the line of duty jumped twenty percent (20%) during the first six months of 2009. The number of officers killed in traffic related incidents increased seventeen percent (17%) during the first six months of 2009 from 30 to 35 deaths. Of interest is the fact that more officers are killed in the line of duty in traffic related accidents than they are with incidents
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$24 Million Awarded in Medical Malpractice Case

Georgia injury lawyers know that a medical providers failure to diagnose a condition or even mis-diagnose a condition can, and often does, result in the wrongful death of a patient.
A Tennessee state court jury has awarded nearly $24 million to a woman in what is one of the largest medical malpractice verdicts ever in the state of Tennessee. The lawsuit alleged her doctor failed to diagnose a lump that she complained about over the course of 18 months. The lump turned

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Medical Malpractice Myths

Now that the Obama administration is proposing health care reform, big insurance companies and some doctors associations are attempting to graft so called “tort reform” into the legislation. Georgia residents are already faced with a very restrictive system which affords doctors, hospitals, and other health care professionals with extraordinary protections against lawsuits. Even in the worst cases of malpractice victims are restircted to a recovery for non economic damages of no more than $350,000.00.
The New York Times today ran an excellent guest editorial regarding
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Georgia Boating Accidents

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents and collisions. Boating accidents usually occur in our area either on a privately owned vessel or on a personal watercraft (jet ski). Some of the causes include:
Boater error
Boater inexperience
Boating under the influence of drugs and/or alcohol
Equipment failure
Adverse weather and/or water conditions
A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers
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Medical Malpractice Awards At Record Lows

A study released by Public Citizen found that medical malpractice payments were at or near record lows in 2008, but suggests the decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved.
Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from medical errors for every one who receives a payment for any malpractice claim, according to Public Citizen’s analysis of medical malpractice payment data and
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One Million Dangerous Playpens Recalled

Many Atlanta residents trust the safety of their young children to playpens. However, the Consumer Product Safety Commission is expected today to announce a recall of one million Kolcraft play yards.
The recall of the portable playpens, some of which include changing tables or bassinets, follows hundreds of complaints of collapsing sides and reports of 21 injured children. The playpens were made in China and distributed by Kolcraft Enterprises Inc. of Chicago.
According to press reports, a Kolcraft spokeswoman, confirmed the recall.
Since September 2007,
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Bone Fusion Agent May Be Dangerous

A bone growth agent used in thousands of spinal fusion surgeries for neck pain has been linked to complications and higher cost, according to the first nationwide study of the product. Spinal fusion is one option for people with back and neck pain, although some researchers have questioned how well it works.
In a spinal fusion, a surgeon removes the disc between two vertebrae and replaces it with the patient’s own bone, BMP or another product. If successful, new bone grows and fuses the vertebrae
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Federal Pleading Standards Receiving Congressional Scrutiny

Pleading standards in Federal Courts have been dramatically impacted by two recent United States Supreme Court decisions. These decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, raised the standard that parties bringing a lawsuit must meet to avoid having their cases dismissed.
At issue is how specific a pleading must be under the Federal Rules of Civil Procedure. Rule 8 requires that a complaint include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Rule 12
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Serious Injury Or Death Often Results From Electrocution Injury

As Georgia injury lawyers, we have seen a number of electrocution cases over the years. Some of the electrocutions result in serious injury and many result in death. Electrocution injury can cause many problems which include, tingling, pain, tetany, palpitations, chest pain, respiratory arrest, amnesia, seizures, altered mental state, coma, blistering and wounds. This week we had occasion to investigate the electrocution of a client who is a lineman for an electric utility company. He was seriously injured when he came into contact
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Nine Deaths Linked To Highly Flammable Women’s Robes

The product liability injury lawyers at Finch McCranie,LLP have handled many wrongful death cases stemming from dangerous products. These products take many different forms. The Associated Press reported this week that full-lenght women’s chenille robes made in Pakistan are being recalled because they are highly flammable and are now linked to nine deaths of women, most of whom were in their 70’s and 80’s. Most of the incidents occurred while the victims were cooking.
Our firm has seen many wrongful death cases
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Doctors Convicted Of Felonies Still Paid By Taxpayers

Doctors who have committed crimes are still being paid by taxpayers for doing work for the Food and Drug Administration according to a report in the Wall Street Journal. This work ranges from conducting research for the agency or overseeing the safety of patients in clinical trials. The report takes the FDA to task for slowness in debarring ,( disqualifying ), health professionals who have been convicted of crimes.
The FDA has the authority to debar doctors from overseeing the safety of patients in clinical
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Ford Recall:Cruise Controls Malfunction

Recently our firm posted a blog about a tragic accident in Georgia where an 11-year old girl lost her life due to an apparent malfunctioning cruise control switch on a Ford Econoline Van. Last week, we noted with great interest that shortly after this tragic event occurred, the Ford Motor Company recalled 4.5 million vehicles over “faulty cruise control switches.” According to the recall, the faulty cruise control switches being recalled could cause a fire in the vehicle which was the stated reason for the
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Defective Cruise Control Suspected In Wrongful Death

We read today about a tragic case in which an 11-year old girl was killed in an accident that may have resulted from a defective product. According to news accounts, a 1997 Ford Econoline Van lost control near the intersection of U.S. 441 and Interstate 16 while the van was being operated by the child’s grandfather. The grandfather reported to the Georgia State Patrol that the cruise control had gotten stuck and that he could not cut it off. As the driver took the exit
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Recreational Off-Road Vehicle Rules Proposed

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC’s five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.
The off-road vehicles, also known as ROVs,
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Consumer Bill In Trouble

Consumers have been battered by the fall of the economy, and a great deal of the blame for the collapse can be laid squarely on banks and other large financial institutions. Having been saved by the federal government bailout, many are now opposing reforms which would protect consumers and help prevent these disasters from happening again.
Tomorrow, the House Financial Services Committee will take up a number of reforms proposed by the Obama administration. Among the proposals the committee will tackle is the establishment of
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In Tribute To A Fine Man And Lawyer

Today I attended the funeral of Thomas E. Magill, a well respected insurance defense attorney in Atlanta. Tom was a absolute pleasure to work with as a defense attorney. Even though his clients were always large insurance companies, Tom dedicated himself to the administration of justice. He was always fair minded, hard working, competent and professional in every sense of the word. I told his wife at his funeral today that working with Tom made me proud to be a lawyer. There were many lawyers
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Medical Malpractice and Servicemembers

Medical malpractice has long been condoned if perpetrated against a service member. Now, in an effort to rectify this grossly unfair situation involving those serving their country, members of the House Judiciary Committee forwarded a bill to the full House of Representatives which would permit servicemembers to sue the military in certain cases of medical malpractice.
While this is a step in the right direction, it appears doubtful the full House and Senate (a companion bill, sponsored by Sen. Charles Schumer, is working through the
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