Personal Injury

Botox Danger

The U.S. consumer advocacy group, Public Citizen, has called upon authorities to require that Botox and a similar injections come with strong warnings following reports of 16 deaths and other serious problems after the botulinum toxin spread inside the body. Public Citizen asked U.S. authorities to require the strongest possible warning, highlighted in a “black box,” on Allergan Inc’s Botox and Solstice Neuroscience Inc’s Myobloc.
Botox is used widely to decrease facial wrinkles but also has approved medical uses such as treating cervical dystonia, or
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Sugar Refinery Blast Leaves Many Dead – Others Injured

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect
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Georgia and Atlanta Area Serious Injury Cases: Frequently Asked Question Number 9

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 9:
8. If I am injured by a third party, but I am also working on the job at the time, am I entitled to both workers’ compensation coverage and a liability settlement?
Answer: The answer is yes although there may be a claim for subrogation made by the workers’ compensation insurance carrier. If
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PART II: TOLLING THE STATUTE OF LIMITATIONS

It is well established that failure to comply with an ante-litem notification provision within the time required by law is a bar to any right of action. See Mattox v. Bailey, 221 Ga. App. 546, 472 S.E. 2d 130 (1996). However, an ante-litem time requirement has been held to be, in itself, a form of statute of limitations, with all general principles applicable to statutes of limitation also applying to ante-litem time restrictions, including tolling provisions. See Howard v. State, 226 Ga. App. 543, 487
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DANGEROUS MEDICAL DEVICES AND DOCTORS

Lawyers who practice in the field of dangerous medical devices and drugs are never surprised to discover relationships between physicians and pharmaceutical and medical device companies. Recently, questionable ties between supposedly objective researchers and the maker of an artificial spinal disk have come to light. An artificial spinal disk is a device that is used in place of conventional surgery during which patients’ vertebrae are fused.
In a study of nearly 240 patients with lower back pain, physicians reported that the artificial spine disk, manufactured
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TOLLING THE STATUTE OF LIMITATIONS IN TORT CASES FOR VICTIMS OF CRIME

As Georgia personal injury lawyers know, the typical statute of limitations for a bodily injury case in Georgia is two years from the date of the occurence at issue. However, in cases involving victims of criminal acts who have potential civil causes of actions against those who brought about injury to them, there are some nuances of Georgia law that all attorneys in this field should know.

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Car Accidents: Georgia Serious Injury Cases: Frequently Asked Question Number 8

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 8:
9. If I have no health insurance and the at fault driver has little or no liability insurance coverage, what happens if my medical bills exceed available coverages?
Answer: This is a sad case that we see far too often in our practice. The hypothetical at fault driver has run the stop sign
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Georgia Serious Injury Cases: Frequently Asked Question Number 6

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 6:
6. Can my spouse recover damages if I am seriously injured and he/she misses time from work caring for me?
Answer: A spouse does not have a legal claim for their own lost wages while they miss work caring for their injured spouse. However, under Georgia law, a spouse does have a claim
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Georgia Serious Injury Cases: Frequently Asked Question Number 5

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 5:
5. Who will pay my lost wages while I am recovering from my injuries?
Answer: In Georgia, there is no “Pay as You Go” rule so unfortunately the answer to this question is that you may receive no lost wages at all unless your employer continues to pay you and/or you have disability
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Another Atlanta Area Police Chase Case and More Avoidable Deaths

We have written previously about the dangers of police chase cases. This week we read in the paper about a chase that occurred on January 24 involving a man fleeing the police in a stolen vehicle. As he was fleeing, allegedly with a police officer in pursuit, the suspect in the stolen vehicle engaged in increasingly dangerous behavior. Ultimately, he collided head-on with another innocent motorist, killing that motorist and decapitating a female passenger in his car. According to the news accounts, the deceased
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Clayton County Police Chase Resulting in Wrongful Death of Two Innocent Victims Is an Outrage

The Georgia injury lawyers at Finch McCranie, LLP have sued a number of police departments around the State of Georgia for the wrongful death of innocent citizens caused by police chases. Our experience has shown that following a high speed pursuit, the police begin immediately to plan their defense. We have already seen this in last week’s outrageous police chase in Clayton County. The police have told reporters that the officer had already slowed down “hoping that the fleeing suspect would slow
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Dangerous Drawstrings In Children Clothing

Our Atlanta product liability attorneys have represented parents of children killed and seriously injured by dangerous products.
Drawstrings in hooded sweatshirts have been long recognized as a danger to small children. There have been many reports of children strangled after the drawstrings have been accidently caught in various devices. Some of these incidents have resulted in death.
In November 2008, a 3-year-old boy died in Fresno, Calif., when the drawstring on his Hill Sportswear hooded sweatshirt became stuck on a playground set strangling him.
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Clayton County Georgia Police Chase Leads To Wrongful Death of Two Innocent Victims

The Georgia injury lawyers at Finch McCranie, LLP have several wrongful death lawsuits pending against various police departments throughout the state. They all involve police chases.They all involve police officers violating their own department policy with respect to police chases. They all involve the wrongful death of innocent victims and several involve the Clayton County Police. Will they ever get the message? Yesterday, Clayton County Police officers saw two men in a pickup truck appear to solicit a known
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Big Business Trys To Derail Financial Reform

The U.S. Chamber of Commerce is again launching an attempt to protect its mega business members at the expense of ordinary U.S. citizens. The Chamber has been at the forefront in attempts to mislead Americans about a multitude of issues which affect millions of people, all to protect the profits of its controlling members. Now, the Chamber is rolling out an advertising campaign of at least $2 million aimed at defeating a central plank of the Obama administration’s financial-regulation overhaul.
But there won’t be any
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$5.3 MILLION WRONGFUL DEATH AWARD IN SMOKER’S DEATH

A Florida jury awarded a 92-year-old man over $5.3 million in his wrongful death lawsuit against Phillip Morris, the cigarette maker according to The Miami Herald. The man’s wife died in 1996 at the age of 63 from lung cancer after smoking 2 packs of Marlboro’s a day since she was 16-years of age. The apparent theory of the case was that the tobacco industry, including Philip Morris, misrepresented the risk of smoking in its advertising and knowingly sold a product which was addictive. Notwithstanding

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Google Alerts Demonstrate Dangers of Police Chases

If you go on Google and take advantage of a tool known as “Google News Alerts,” Google will send to you via e-mail news accounts in which certain terms are used. I typed in today the terms “police chase killed.” The following are headlines received from newspapers across the country which I received from this Google News Alert:
1) Victim In Police Chase Remembered as Caring Mom;
2) Woman Killed In Crash During Oakland Police Chase;
3) Toddler Killed In Police Chase;
4) One Man
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Wrongful Death Verdict For $13.8 Million Against Cigarette Maker

Georgia injury lawyers have not forgotten the sworn testimony the CEO’s of all of the major tobacco companies gave Congress a few years ago. Who could forget when these prominent men raised their right hands and swore that “Nicotine is not addictive”. Apparently a jury has not forgotten their testimony. Bloomberg reported that in a wrongful death case, a California jury has ordered Altria Group, Inc., the parent company of Philip Morris USA, maker of Marlboro cigarettes to pay $13.8 million in punitive
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Drunk Driving Deaths Among Females Shows Alarming Increase

A Douglas County, Georgia woman has been charged with criminal offenses involving drunk driving after a collision early last Monday morning resulted in two deaths of innocent motorists. The Atlanta press reported that Natasha Searcy, 22, was driving drunk in her 1998 Pontiac when she crossed the center line, striking a car driven by 25-year-old Ashley Ingalsbe.
Searcy has been charged with vehicular homicide in the first and second degrees, driving under the influence, not having insurance and failure to maintain lane, and was
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Danger Warning For Weight Loss Drugs

Our Georgia attorneys frequently receive calls about dangerous drugs which seem to be routinely marketed to unsuspecting consumers and health care professionals. Recently, weight-loss drugs made by mega-manufacturers GlaxoSmithKline Plc and Roche Holding AG were linked to at least 32 reports of serious liver injury from 1999 to October 2008.
The Food and Drug Administration has posted a notice on its web site advising consumers taking Glaxo’s over-the-counter drug Alli or Roche’s prescription Xenical to consult a doctor if they experience weakness, fever, jaundice
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Bassinet Warnings Renewed After Georgia Death

Last September a 2 month old child in Demorest, Georgia, died after being suffocated when she became trapped in a pocket of fabric not securely fastened to her bassinet. In January of this year, a 6 month old child in Fort Worth, Texas, died when a fabric flap on her basinett was undone and she became trapped between exposed bars in the bassinet.
Both children died after getting trapped in previously recalled bassinets manufactured by Simplicity. These deaths follow two prior deaths in 2008 under
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