Personal Injury

State Farm Held Liable

Our serious injury attorneys frequently see cases in which insurance companies refuse to pay valid claims and then turn on their insureds accusing them of fraud.
Last Tuesday, the Western Missouri Court of Appeals upheld a jury verdict of nearly $8.5 million against State Farm Mutual Automobile Insurance Company for breach of contract claims and malicious prosecution against a claim holder. The case originated in 1997 when Jennie Hampton reported that her vehicle had been stolen and filed a claim with her insurer, State Farm.
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Antibiotics Cause Tendon Ruptures

The consumer group, Public Citizen filed a lawsuit in the U.S. District Court for the District of Columbia, asking the court to force the Food and Drug Administration to act upon a petition the consumer group filed with the agency 16 months ago. According to the lawsuit, despite long-standing evidence that fluoroquinolone antibiotics can cause tendon ruptures, the FDA has failed to increase its warnings to patients and physicians about the dangers of the medicines.
The FDA failed to respond to the Public Citizen asked
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Defibrillator Delays In Hospitals Lead to Death

In a study published yesterday in the New England Journal of Medicine, the authors concluded that in nearly one-third of cases of sudden cardiac arrest occurring in hospitals, the staff takes too long to respond, greatly increasing the risk of brain damage and death. The authors research indicates that these delays contribute to thousands of deaths a year in the United States alone.
The study was based on the records of 6,789 patients at 369 different hospitals whose hearts suffered from conditions that could be
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Raw Oyster Dangers

A few months ago there was a large amount of news coverage regarding the death of a woman from eating contaminated oysters at an Atlanta restaurant. Now, the Georgia Department of Agriculture is alerting consumers that norovirus has been found in some raw oysters harvested in Louisiana. Georgia Agriculture Commissioner Irvin announced that raw oysters harvested from the West Karako Bay Section of Growing Area 3 in Louisiana from Dec. 3 through Dec. 21 may possibly be contaminated with norovirus. Inspectors are looking for these
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Drug Patch Injuries and Deaths Reported

The Food and Drug Administration has issued a warning about fentanyl pain patches. The fentanyl skin patch contains fentanyl, a potent narcotic. The skin patch was approved by FDA in 1990 for use in patients with persistent, moderate-to-severe pain who have become opioid tolerant – meaning that they have been using another strong opioid narcotic pain medicine around-the-clock, and have been using the medicine regularly for a week or longer. The skin patch is most commonly prescribed for patients with cancer.
The FDA has continued
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Drug Manufacturer Called To Task

Drug manufacturer Genentech has been involved in a dispute with physicians over the use of its drug Avastin. Ophthalmologists became concerned last October when Genentech announced it was changing the distribution channels for Avastin, which would make it much more difficult for patients to receive the drug. Doctors accused the company of making the change to force the use of its more expensive drug, Lucentis.
Lucentis is approved to treat macular degeneration, a condition that causes blindness and is encountered frequently in elderly patients. It
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Insurance Bad Faith And The Death Of A Teenager

As serious injury attorneys we frequently see cases in which insurance companies refuse to pay for treatment for their insureds, knowing that any appeal by the insured will take months, if not years, and that there is no legal remedy which can force the companies to offer timely treatment. In fact, in many cases the only legal remedy is that the company will be required to pay what they already owe, with no allowance for attorney fees and expenses. Unfortunately, in many cases the remedy
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Dangerous Products No Longer Receive Federal Protection

Companies that produce dangerous products suffered a major defaet last week in the United States House of Representaatives. By a vote of 407 to 0, the House of Representatives passed legislation reauthorizing the Consumer Product Safety Commission (CPSC) and included statutory language specifically prohibiting the CPSC from issuing any rule or regulation that expands the scope of federal preemption of state law.
During the Bush administration, the CPSC has issued rules and regualtions which it argues preempt state laws governing dangerous products, thereby depriving innocent
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Bad Faith Insurance Claims

Bad faith insurance claims have always been difficult because the insurance industry has routinely been able to hide behind restrictive laws designed to protect them from even egregious conduct. However, a case pending in Missouri may change this situation.
A Jackson county Missouri trial judge issued an order directing Allstate Insurance Company to produce records which the Plaintiff lawyers allege show how Allstate set up a claims payment system in the 1990s that shortchanges clients while earning huge profits. Despite the judges directive, Allstate refused,
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Government Information To Be More Accessible

Our serious injury lawyers often request information from governmental agencies in efforts to help our clients. Many times, despite laws requiring disclosure, our requests are routinely denied or ignored.
The Bush administration has consistently pushed toward secrecy in government. Former Attorney General John Ashcroft had issued an order instructing agencies to lean against releasing information if there was any uncertainty about how it would affect national security.
Now the Congress is fighting this trend by passing legislation which would expand the Freedom of Information Act
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Bus Accidents Provoke DOT to Review Bus and Motorcoach Safety

Bus accidents (or motorcoach accidents) can multiply the loss of life and life-changing injuries. Our Bluffton University baseball team client will never be the same as a result of the bus accident in 2007 that left him permanently injured, and several of his teammates dead.
A bus accident in Utah in January 2008 that left nine dead likewise shows how bus safety has been a neglected issue. Today, the U.S. Department of Transportation finally took the step of ordering a “full review” of bus safety.
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Profiles In Courage: Innocent Personal Injury Victims

In today’s economic times, we hear a lot of discussion about the problems that people are having financially. While many people are emotionally suffering due to rising unemployment and adverse economic conditions, those who suffer perhaps the most during these troubling times are innocent victims in personal injury cases. Our office just settled the case of one young lady, which is a classic example of what we address in this article. Simply stated, this young lady is a living profile in courage.
On the date
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Trial Techniques – The Art of Cross-Examination – Part XVI

Rule No. 12 of 12: The successful cross-examiner understands the risks of cross-examination.
As set forth above, if an attorney asks a question that he does not know the answer to or asks one question too many, he is inviting disaster. Cross-examination is risky, particularly if a witness is hostile and adverse. If leading questions that are designed to make the witness answer with either a yes or no are not asked or if counsel begins sparring with the witness, counsel has lost control of
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Electronic Medical Records Can Reduce Errors

Over the years our Georgia medical malpractice lawyers have been involved in medical negligence lawsuits involving missing or improperly documented medical records. In an effort to avoid such problems the federal government is pressuring medical professionals and facilities to adopt electronic record keeping. While this has the potential to eliminate life threatening record keeping errors, there are also potential dangers associated with this system.
Electronic medical records allow healthcare professionals to easily document medical findings. With just a few keystrokes, a physician or PA can
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Trial Techniques – The Art of Cross-Examination – Part XV

Rule No. 11 of 12: The successful cross-examiner has the ability to make what appears to be complex become simple.
In order to adhere to this rule, experienced trial counsel knows that they must use language that layman can understand. Using lawyerly language or expansive vocabulary is not the way to go. Counsel must boil down the issues to as few as are possible so that the jury can understand what the issues are and follow the testimony and the relevance of the examination. If
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Trial Techniques – The Art of Cross-Examination – Part XIV

Rule No. 10 of 12: The successful cross-examiner knows how to force an evasive witness to give a responsive answer.
When a hostile or evasive witness refuses to answer a question, counsel must be firm and persistent in getting the answer desired. The first thing to do is to repeat the question. If the witness continues to evade, ask the witness what it is about the question that he or she does not understand. If necessary, have the court reporter read the question back to
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Trial Techniques – The Art of Cross-Examination – Part XIII

Rule No. 9 of 12: The successful cross-examiner has a good beginning and good ending to the cross-examination of the witness.
If counsel is prepared through proper investigation and discovery, counsel can start off strong and end strong. A good beginning gets the cross-examination rolling and prepared ending gets counsel down if he needs to get down without being too badly damaged by the opponent’s witness. Again, this all goes back to another rule, which is to prepare cross-examination in advance of trial.
When one
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Bus Accidents Continue to Kill and Injure

Bus accidents were the subject of action taken by The National Transportation Safety Board this week. The NTSB is the federal agency charged with investigating major transportation accidents. On Tuesday, it strongly criticized regulators at the Department of Transportation for lax oversight of the commercial bus industry.
The NTSB voted to cite the National Highway Traffic Safety Administration for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been urging NHTSA to
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Trial Techniques – The Art of Cross-Examination – Part XII

Rule No. 8 of 12: The successful cross-examiner listens carefully to what the witness says in response to his questions on cross-examination.
As set forth above, counsel should know what a witness will say in response to each question posed. No question should be asked that the answer is not known in advance. Nonetheless, sometimes, an answer more favorable than anticipated may be given by the witness or impeaching or contradicting of yet another witness. By listening closely to what the witness says on cross-examination,
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Caps on Damages For Nursing Home Abuse – What Are They Thinking?

In addition to representing victims of trucking accidents and automobile accidents, the Georgia injury lawyers at Finch McCranie, LLP also represent victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes. Consequently we have seen, first-hand, how victims of nursing home abuse or neglect suffer when those facilities don’t adequately take care of the people for which they are paid to care. It has been our experience that the owners
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