Personal Injury

Georgia Residents May Be Affected By FDA Drug Ban

The U.S. Food and Drug Administration has prohibited Ranbaxy Laboratories Ltd., India’s largest drug manufacturer, from introducing new generic drugs from one of its factories after it falsified data about products’ shelf life.
Yesterday, the FDA announced that a facility owned by Ranbaxy Laboratories falsified data and test results in approved and pending drug applications. The facility, Paonta Sahib, has been under an FDA Import Alert since September 2008.
The FDA announced that it was continuing to investigate this matter to ensure the safety and
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Georgia Motorcycle Accident Claims Life

As Georgia injury lawyers we see many wrongful death cases from motorcycle accidents. Most motorcycle accidents seem to involve young drivers; however, that is not always the case. In the last two weeks, a Georgia man was killed in a single-vehicle motorcycle accident when the driver, age 57, lost control of his 2009 Revtech EX Wide motorcycle in a curve and laid the bike down on its left side. According to the Georgia State Patrol’s investigation, the motorcycle left a 113 foot-long gouge
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Medical Device Maker Under Investigation

Stryker, a leading maker of medical devices is reportedly the subject of a Justice Department investigation into Stryker’s marketing of human bone growth products. The investigation has already resulted in guilty pleas by former company sales representatives. Two former sales representatives pleaded guilty to charges that they had promoted off-label use of the products even though they knew that such use had earlier caused problems in some patients.
The investigation is reported to involve several issues. These include whether Stryker abused a federal exemption that
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Legal Maneuvering In The Georgia Peanut Salmonella Case

It was announced last week that The Peanut Corporation of America has decided to file for bankruptcy. Under bankruptcy law, one may not sue a company that has filed for bankruptcy protection. Accordingly, with respect to the wrongful death actions and serious injury claims that are likely to be brought as a result of the widely reported salmonella contamination at the Company’s Blakely, Georgia plant, the corporation has cleverly maneuvered into bankruptcy court to prevent the filing of these lawsuits. This will buy the corporation
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Georgia Victims Denied Legal Remedies

Many Georgia consumers have been impacted by a recent Supreme Court ruling granting immunity from lawsuits to medical device makers for products approved by the Food and Drug Administration (FDA). Our Atlanta Georgia lawyers have previously written about this decision.

Since that ruling judges in Georgia and across the United States have used it as a basis to dismiss cases against a wide range of manufacturers, including Medtronic. The most recent dismissal was this past Tuesday, by the Wisconsin Supreme Court.

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Dangerous and Defective Products

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving many different defective and dangerous products, including a defective and dangerous deer stand. When these products fail, catastrophic injury or death often results. This week I read about a recent case in which a jury returned a $157M (million) dollar verdict in a wrongful death case against three companies, L & L Enterprises in Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Florida, and TSR Inc. in Pace,
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Children and ATVs – A Dangerous Combination

Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in
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How Do I Find An Experienced Lawyer And Attorney

We have blogged before about the need for consumers to protect their interests when trying to retain an attorney. Truck accident cases present many obstacles for attorneys who do not regularly practice in the area. The Federal Motor Carrier Safety Regulations oftentimes control this type of case and yet many attorneys are not familiar with the requirements imposed by federal law. Additionally, the technology available on trucks that can be downloaded by experts with proper computer software may present different evidentiary and investigative challenges
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Georgia Uninsured – Underinsured Coverage Changes

Georgia law relating to uninsured automobile insurance has changed effective January 1, 2009. We have previously written about the importance of uninsured/underinsured (UM) coverage. Essentially this is coverage which protects you and your family if you are injured in a wreck caused by a person with no or low limits of insurance. Unfortunately there are many of these drivers on the roads in Georgia.
Under the new law the major changes relate to the ability to purchase increased coverage. This is best understood by way
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Unethical Health Insurance Practices

Our Atlanta, Georgia lawyers see health insurance companies deny valid claims on a daily basis, depriving policyholders of necessary medical care to which they are entitled. Now, a California health insurer has been caught red handed. The insurer, Health Net, has agreed to pay as much as $14 million to settle a pair of lawsuits brought on behalf of 800 former policyholders whose coverage was dropped after they submitted substantial medical bills.

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Mild Traumatic Brain Injury: A Serious Problem

The term “mild” traumatic brain injury is very misleading. While the descriptor “mild” typically refers to the severity of the trauma that resulted in the injury, oftentimes in a personal injury context it does not come close to describing the severity of the consequences of the injury. Even though the trauma may be mild, the long term consequences of the injury may be anything other than mild and oftentimes are quite serious.
The vast majority of people who experience a mild traumatic brain injury
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What Is A Traumatic Brain Injury?

Traumatic brain injuries typically involve transient periods of some type of neurological dysfunction which can range from brief periods of confusion or dizziness to headaches and/or seizures, sometimes involving nausea. The term concussion is oftentimes used interchangeably with the term “mild traumatic brain injury” or MTBI. The Quality Standards Subcommittee of The American Academy of Neurology has recognized that concussions may occur without the loss of consciousness. There are three grades of concussions according The Academy of Neurology. A Grade 1 concussion involves transient
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Aggravation Of Pre-Existing Injuries

In our trial practice we are often presented with cases where the client had a pre-existing medical condition which was aggravated by an accident. As an example, someone can have asymptomatic degenerative disk disease, be involved in an automobile collision and thereafter begin to experience symptoms of pain because of the injury to their neck or back. Someone can have any asymptomatic pre-existing condition, which is aggravated by the trauma from an accident, which causes the pre-existing condition to become asymptomatic. Obviously, the issue in
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Saying No To Clients: The Requirements Of Professionalism

There is one duty that a lawyer owes to his client and that is to be truthful with them. In many cases clients need counseling and need it badly. Sometimes clients do not want to hear the truth and take pains to avoid it. Oftentimes clients will turn on their attorneys when the attorney tries to tell them the truth of their situation. In such circumstances the client will accuse the lawyer of not being zealous in his or her representation or not believing in
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High Speed Pursuits For Stolen Vehicles: Are They Justified?

When the police encounter a stolen vehicle and attempt to stop it with their blue lights and the driver takes off, the question is whether the public is well served when the police engage in a high speed pursuit thereafter. Clearly the suspect wishes to escape apprehension and is willing to travel at high speeds endangering the lives of the public. The only way they will be apprehended is if the police are successful during their pursuit in running them off the road, using stop sticks or otherwise blockading them. During the pursuit, however, the entire public is endangered and it is quite likely that as the speeds get higher and higher and the offender becomes more and more desperate at escaping apprehension the dangers will increase and tragedy to innocent third parties may result.

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Settling Serious Injury Cases Out Of Court

In many car accident and personal injury cases, clients often wish to “settle out of course” so as to avoid the stress, anxiety and uncertainty of a jury trial. In many cases this is entirely possible and the client can still achieve a settlement that approximates the fair value of their case. However, in a certain number of cases, settlement offers pre-trial may not constitute adequate compensation for the damage inflicted and thus a jury trial may be a necessity. Sometimes, despite the
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Structured Settlements For Minors

With today’s low interest rates, sometimes it makes little or no sense to structure a portion of a personal injury settlement. If a case settles for a particular amount, it is always advisable to consider whether structuring a portion of the settlement money into an annuity by way of a tax free investment might be in the best interest of the client. When minor children are involved, sometimes investing in a long term annuity can not only protect the corpus of the funds but
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Evaluating Wrongful Death Cases Involving Children

One of the most tragic kinds of case that we encounter is that involving the death of a child. Oftentimes it is in the context of a serious automobile collision but obviously death due to negligent behavior comes in a variety of forms. It is particularly difficult to deal with the death of a innocent child. It is also difficult to evaluate such a claim because of the emotions involved. Nonetheless, there are criteria that can be used in evaluating such claims even though financial “compensation” for such a loss is essentially an oxymoron when it comes to the death of a child.

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Assessing Damages In A Burn Injury Case

In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can
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Boating Under The Influence: A Deadly Combination

We read in the paper this week about a tragedy which occurred on Lake Lanier outside of Atlanta. A ski boat being operated by an individual under the influence of alcohol crashed head-on into a pontoon boat occupied by 13 people. Many of the people on the pontoon boat were seriously injured and apparently two young boys killed. As of the date of this blog, the authorities were still searching for a missing 9-year old boy. The driver of the ski boat was under the
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