Personal Injury

Contact Lens Solution Lawsuits Continue

In May of 2007, Advanced Medical Optics, Inc. recalled one of its contact lens cleaning solutions, known as AMO Complete Moisture Plus. Our firm is currently representing 2 individuals injured by this product. According to the Centers for Disease Control, contact lens wearers were seventeen (17) times more likely to contract a serious eye infection known as acanthamoeba keratitis if they used this product as opposed to other Multi Purpose Cleansing solutions. Even though the product was recalled from the market in May of 2007,
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Georgia Bicycle Laws – Use Of The Roadway

Our Atlanta bicycle accident attorneys review many bike injury cases in which it is alleged by the at fault motorist that the bike rider was riding in an unlawful manner. Continuing with our explanation of Georgia bicycle laws, Section 40-6-294 of the Official Code of Georgia controls the use of roadways and bike paths by bicyclists. It provides that every person operating a bike shall ride as close to right side road as practicable with the following exceptions:
1. except turning left or avoiding hazards
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A Wrongful Death Case:Client’s Son Dies Hero’s Death

In our wrongful death practice, obviously, our attorneys have seen many tragedies, sometimes with devastating consequences for our clients and their families. This past week was no different as we were retained to represent the family of a young man who died while attempting to save the life of another. This young man gave his life and service to another, one of the highest and noblest acts of self-sacrifice possible. And yet, the matter has gone largely unnoticed by the metropolitan Atlanta community simply because
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Anti-Consumer Decisions From Supreme Court Get Congressional Scrutiny

At a recent Senate hearing , several lawmakers blasted the U.S. Supreme Court over a series of opinions they say protect businesses at the expense of ordinary Americans. Committee Chairman Sen. Patrick Leahy, said the Court’s recent opinions on employment discrimination, federal preemption and mandatory arbitration have empowered and protected corporations while making it harder for workers and consumers to get redress.
Leahy pointed to Ledbetter v. Goodyear Tire & Rubber Co., 127 S.Ct. 2162, handed down just over a year ago. In that case,
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Bicycle Laws – Equipment

As we previously wrote, there are specific laws regulating bicycles in the state of Georgia. Many of these requirement are unknown to bike riders, and in many instances are used by defendants to attempt to avoid liability for injuring bike riders. Our attorneys have seen one section in particular used many times by defense attorneys in an effort to try to shift blame from an at fault motorist onto the biker. That law, Section 40-6 -294 of the Official Code of Georgia, establishes requirements for
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Defective Tire Stem Dangers

Defective automobile tire valves manufactured in China are the subject of a recall. Some 6 million tire valve stems manufactured by Shanghai Baolong Automotive Corp. of China between July 2006 and November 2006 have been recalled. It is estimated that 36 million of these tire stems were manufactured.
The U.S. distributor of the tire valves, Dill Air Control Products, of Oxford, N.C., notified the National Highway Traffic Safety Administration of potential problems with the tire valve stems after it was named in a lawsuit filed
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Atlanta Bike Laws

Atlanta bicycle accidents and injuries are increasing at an alarming rate, as we have previously written. Yesterday, the Atlanta Journal Constitution published a story which echoed our information and addressed the growing conflict between bikers and automobile drivers.
Many bike riders, and most motorists, do not realize that under Georgia law and in most other states, a bike is considered a vehicle; and, with some exceptions, is subject to the same laws and rules as a motor vehicle. There are specific laws which relate only
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Bike Injury Patterns

Bicycle injuries and fatalities are an increasing problem. The Pedestrian and Bicycle Information Center is a program of The University of North Carolina Highway Safety Research Center in cooperation with the Association of Pedestrian and Bicycle Professionals. It is funded by the U.S. Dept. of Transportation.
Statistics published by the Center reveal patterns of biking fatalities and injuries. Using 1999 data, there were 750 bicycling fatalities and 51,000 bicycling injuries resulting from traffic crashes in the United States. Bicyclist fatalities accounted for 2 percent of
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Motorcycle Crashes: 85,000 More Troubling Statistics

In 2006, approximately 5,000 people lost their lives and 80,000 were injured in motorcycle crashes. We have blogged before about the staggering number of statistics when it comes to those killed or injured while riding motorcycles. Obviously, riders must wear protective gear to protect themselves with defensive driving since they have little other protection in the event of a crash. What the statistics show, however, is that motorcycle injuries and fatalities are on the rise. In 1996, 2,161 people were killed in motorcycle crashes. In
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Bicycle Accidents Increasing

Bicycle accidents are increasing at an alarming rate as the popularity of road biking has increased over the last few years, and, as more people are turning to bikes as a means of transportation to save fuel. With the increase of bike riders it is only natural to assume that injuries would increase as well.
Our attorneys and staff are reviewing many of these matters. We are seeing the expected increase of injuries from the failure to wear a helmet and from improper positioning of
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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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