Personal Injury

Lasik Problems To Be Studied

Lasik vision correction surgery has been performed in the United States for almost ten years. It has become a massive business with specialized centers opening in most markets and advertising freedom from glasses. However, not everyone’s a good candidate and some suffer life-changing side effects — lost vision, dry eye, night-vision problems.
Today, the Food and Drug Administration is beginning a major new effort to see if warnings about the risks are strong enough. The FDA estimates that approximately 5 percent of patients are dissatisfied,
(more…)

Plastic Bottle Dangers

Wal-Mart announced this week that it will soon stop selling baby bottles made with the chemical bisphenol A (BPA). The retailer said that it was immediately stopping sales of baby bottles, sippy cups, pacifiers, food containers and water bottles made with BPA in its Canadian stores. There has been speculation that Canada’s health department would soon declare the chemical unsafe.
On Monday the U.S. National Toxicology Program released a draft report that expressed concern that BPA, which is used to make plastic, could cause behavioral
(more…)

Medical Record Privacy In Peril

An article in the New England Journal of Medicine, warns that the entry of big companies like Microsoft and Google into the field of personal health records could drastically alter the practice of clinical research and raise new challenges to the privacy of patient records.
The authors are proponents of the benefits of electronic patient records to improve care and help individuals make smarter health decisions. But their concern is that the medical profession and policymakers have not begun to understand the implications of companies
(more…)

TRIBUTE TO A CLIENT

Our firm concluded a wrongful death case this year on behalf of the family of a 40-year old man who was killed when a bicycle he was riding became entangled in loose utility wires which completely obstructed a city sidewalk adjacent to Peachtree Road in Atlanta. The injuries this young man received in the accident cost him his life. Subsequent thereto, our firm filed a lawsuit against the City of Atlanta for negligent maintenance of the City’s sidewalk and against two utility companies for
(more…)

Insured Loses Katrina Claim

The Louisiana Supreme Court has ruled that a flood exclusion in an “all-risk” policy barred a claim by the owner of an apartment building damaged by flood waters during Hurricane Katrina.
The owner lived in the five-unit building when four feet of water entered the basement during the hurricane. He had a commercial “all-risk” policy and submitted a claim for the damage. An insurer’s inspector claimed most of the damage was due to poor maintenance and flooding.
The insurer paid only $230 on the claim
(more…)

Heparin Concerns Grow

This Tuesday federal regulators from the FDA urged makers of many kinds of medical devices that contain heparin to test their supplies. These concerns arise from previously discovered supplies of Chinese made heparin contaminated with a look-alike ingredient that mimicked heparin in standard tests of drug potency and purity.
The FDA announced last month that it had identified the contaminant as a modified form of a common nutritional supplement. That substance is cheaper to produce than heparin, leading to suspicions that it may have been
(more…)

Escalator Injuries Increasing

A new study reports that from 1991 to 2005, nearly 40,000 people older than 65 were injured while riding escalators, an average of 2,660 a year. The report, published in the March issue of the journal Accident Analysis and Prevention, is based on an analysis of data collected by the Consumer Product Safety Commission.
The rate of injury more than doubled in that period — to 11 per 100,000 population in 2005, the latest year for which figures are available, from 4.9 in 1991. There
(more…)

Hospital Errors Endanger Patients

An analysis of 41 million Medicare patient records, released April 8 by HealthGrades, a health care ratings organization, found that patients treated at top-performing hospitals were, on average, 43 percent less likely to experience one or more medical errors than patients at the poorest-performing hospitals.
From 2004 through 2006, patient safety errors resulted in 238,337 potentially preventable deaths of U.S. Medicare patients and cost the Medicare program $8.8 billion, according to the fifth annual Patient Safety in American Hospitals Study.
The overall medical error rate
(more…)

Medication Errors For Hospitalized Children

Our Atlanta based medical malpractice lawyers frequently handle cases involving medication errors in hospitals. Some of these cases result in catastrophic damages.
A research study published in the April issue of the journal Pediatrics determined that medicine mix-ups, accidental overdoses and bad drug reactions harm roughly one out of 15 hospitalized children. The number is far higher than earlier estimates and bolsters concerns already heightened by well publicized cases such as the accidental drug overdose of actor Dennis Quaid’s newborn twins last November. Quaid’s twins
(more…)

Florida Court Suspends Allstate in Florida

On Friday, April 4, 2008, the District Court of Appeals, First District, State of Florida upheld the Florida Office of Insurance Regulation’s suspension of Allstate from writing insurance in the State of Florida.
Allstate had been suspended weeks before for refusing to produce documents during an investigation of the company. The Florida market comprises 17% of Allstate’s national sales.
The court found Allstate guilty of arbitrary reductions of “bodily injury claim payments to its policyholders and beneficiaries by up to 20%.” It also determined that
(more…)

Representing Children in Serious Injury Cases

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children
(more…)

Zicam Recalled for Dangerous Effects

Yesterday, the Food and Drug Administration (FDA) warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell, a condition called anosmia.
The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.
(more…)

ATV Accident Results in Serious Injury and Criminal Charge

The Georgia injury lawyers have written before that with the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Today I read about a tragic case that occurred on May 16th in South Carolina. In that case, a 15- year-old girl was riding on the seat behind her 32 year old neighbor when the neighbor lost control of the vehicle and the two were ejected. As a result, the teen sustained

(more…)

Medical Malpractice Awards Decrease

Medical malpractice claims in Georgia are constantly coming under fire from insurance companies and doctors who allege they raise the costs of medical care through increased insurance costs to doctors. For many years our Atlanta based attorneys have watched as these large insurance companies and medical groups spend massive sums to influence politicians to enact legislation eroding the rights of innocent victims of medical negligence.
A recent study in New York has exposed these false arguments.Data from the National Practitioner Data Bank show 1,882
(more…)

Police Chase For Non-Violent Crime Turns Deadly

We read yesterday in the paper about a tragic case in Charlotte, N.C. involving a police chase which resulted in the death of an innocent 84-year old woman who happened to be at the wrong place at the wrong time and got caught up in the chase, resulting in her death. According to the news reports of the incident, the police were chasing a suspected shoplifter who had committed a petty offense at a local shopping mall. Although the news reports are sketchy, it appears that the merchant called the police and shortly thereafter the police spotted the vehicle being operated by the suspected thief. A three mile chase ensued at high speeds and during the chase, the suspect lost control of his vehicle and struck the vehicle being operated by the innocent victim. Her death resulted. The petty thief has now been charged with murder.

(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part IV)

In a wrongful death case where the deceased individual is survived neither by a spouse, child or parent, under Georgia law such a cause of action would vest in the Executor or Administrator of the Estate. In short, there will always be someone able to proceed on behalf of the “heirs-at-law” and such an individual, once duly appointed, will proceed in a fiduciary capacity to protect the rights of the heirs-at-law relative to the wrongful death action. Thus, if an individual dies and is neither
(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part III)

In Georgia, if an individual loses her or her life due to the negligence of a third party and is not survived either by a spouse or children, the cause of action for the wrongful death of such an individual vests in the surviving parents. If both parents are alive, the cause of action is vested jointly in the parents if they are living together. If one parent is deceased, the right is in the surviving parent. If both parents are living, but are
(more…)

Consumers May Be Without Remedies Against Auto Manufacturers

The Atlanta consumer and product liability lawyers of Finch McCranie LLP have successfully litigated cases against auto manufacturers for serious injury and death caused by defects in their products. Now, as a result of the bankruptcy of GM and Chrysler, many deserving victims of these defective products may be left without recourse.
The bankruptcy proceedings currently underway will leave consumers currently bringing personal-injury and product-liability lawsuits against Chrysler LLC and General Motors unable to continue their actions and receive compensation for their injuries. In
(more…)

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part II)

In Part I of this series, we set forth the provisions of Georgia law for wrongful death actions where surviving spouses were involved. In this article, we shall address actions by surviving children under Georgia’s wrongful death statute where a spouse does not survive to bring such a case.
If a parent is killed due to the negligence of a third party and is not survived by a spouse but is survived by children, the cause of action for the wrongful death vests with
(more…)

Georgia Health Insurer Accused Of Unfair Practices

A lawsuit has been filed by Georgia surgery centers against Blue Cross Blue Shield Healthcare Plan of Georgia Inc. and Blue Cross and Blue Shield of Georgia, seeking class action. The lawsuit, like many others around the country attacks the insurer’s practice of discouraging visits to out-of-network providers by reimbursing procedures at a tiny fraction of “usual and customary” charges.
The suit is similar to one filed earlier this year by a dialysis provider against Blue Cross. That suit was dismissed. The new suit alleges
(more…)

Secret Link