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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Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a
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Nursing Home Falls

Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The
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High Court Upholds Vioxx Award in Wrongful Death Case

Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and
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Report: FDA Approved Medical Device Under Political Pressure

Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to
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Medical Errors Abound

Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures
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Sexual Predators in the Workplace

Many employment lawyers are confronted with hostile environment claims where managers exploit their positions to seek sexual favors from employees working underneath them. Such an employment case obviously involves sexual harassment but is entirely different and generally far less devastating to a victim when a sexual predator is hired by an employer and is allowed to gain access to vulnerable victims through their jobs. As an example, if a mental health facility hires someone unsuitable for a position and that person takes sexual advantage of
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Board of Commissioners To Conduct Independent Investigation of Fatal High Speed Chase

From newspaper accounts it appears that the Board of Commissioners of Clayton County may conduct an independent investigation into a police chase which resulted in the wrongful death of two innocent women who were returning from bible study when a pickup truck fleeing from a Clayton County police officer slammed into their vehicle on Old National Highway in Atlanta. The deadly pursuit began when the police noticed a suspect allegedly soliciting a prostitute. Even though this is a misdemeanor and a minor offense, Clayton County
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Georgia Man’s Wrongful Death- Was Alcohol A Factor?

The Georgia injury lawyers at Finch McCranie, LLP have handled many wrongful death lawsuits where alcohol was a factor in causing or contributing to our client’s death. Some of these cases have involved our representation of a guest passenger who was killed as a result of the negligence of the host driver. Such could have been the case on Friday evening when an Augusta, Georgia man, Earl Clark, died in an accident on Mike Padgett Highway. Clark was the passenger of a
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