Personal Injury

Skin Warning Issued about Alcoholism Therapy Drug

As Georgia injury lawyers we often see people who have been injured by dangerous prescription drugs. The Federal Drug Administration (FDA) is now warning doctors about severe skin reactions in alcoholism patients who use Vivitrol, an injectable treatment made and marked by Cephalon, Inc. Doctors and patients should watch for swelling, injection, and other complications where the drug is injected. The FDA emphasizes that the proper needle must be used when administering Vivitrol. Also, the drug should be injected into muscle, not fatty tissue.
(more…)

Insurance Industry Tricks

According to a report by the American Assocaition for Justice, the U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEOs more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom line even further. The current economic turmoil affecting the insurance industry onWall Street has only made the outlook bleaker for consumers living on Main Street. Insurance companies are likely to demand huge
(more…)

Traumatic Brain Injury- Georgia Motorcycle Accidents

In November of 2000, while ballots were being counted in Florida, I stood in the trauma unit of the Orlando Regional Medical Center with my daughter who had been assaulted. Over the month she was there, one helicopter after another landed on the roof of the trauma unit delivering victims of automobile accidents and motorcycle accidents with severe injuries. Many of them died and many of them sustained severe brain injuries. Many of those traumatic brain injuries occurred because the person riding the motorcycle
(more…)

Serious Accidents -Traumatic Brain Injury

In our Georgia injury practice our lawyers have seen many serious accidents, including automobile accidents and truck accidents, which result in brain injury of varying degrees. Traumatic Brain Injuries (TBI’s) contribute to a substantial number of deaths and cases of permanent disability annually. The Centers For Disease Control (CDC) estimates that at least 5.3 million Americans, about 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.
The severity
(more…)

Feeling Unusually Fatigued after Brain Injury?

Over the years, we have noticed that client’s who have suffered a brain injury as a result of an automobile accident or truck accident often complain about feeling unusually fatigued or tired. An interesting study confirms that following a recovery from brain damage, patients may have to use more of there brains then they did before the brain trauma.
The study published in the September 9th issue of Neurology found that patients who sustained diffuse axonal injury and returned to pre-injury levels of functioning in
(more…)

Arbitration Clause Stricken By Court of Appeals

The 2nd U.S. Circuit Court of Appeals has issued a ruling which begins to chip away at the anti-consumer arbitration clauses used by many credit card companies to deny justice to consumers. The court held that plaintiffs could not be forced into arbitration because American Express was not a signatory to the MasterCard, Visa and Diners Club credit card agreements that
In the multidistrict currency conversion case, cardholders are claiming that card companies and major issuing banks have engaged in a Sherman Act conspiracy to
(more…)

Georgia Injury Lawyers Will Closely Watch A Dangerous Drugs Case

Georgia injury lawyers will closely watch an upcoming U.S. Supreme case having to do with dangerous drugs and the doctrine of pre-emption. The Supreme Court is scheduled to hear arguments today in a case that has major implications for consumers who have been harmed by prescription medications. Drugmaker Wyeth Pharmaceuticals and the Bush administration are challenging a $6.7 million verdict to a Vermont musician whose arm was amputated after medical staff improperly administered the Wyeth-produced drug Phenergan. Wyeth and the administration argue people who
(more…)

Georgia Nursing Home Abuse & Negligence Cases

For Georgia lawyers handling nursing home abuse and negligence cases, we are seeing new litigation hurdles to overcome. Nursing home owners are creating new corporate structures to disguise the actual ownership of the nursing homes. It is a “corporate shell game” where the actual owners set up holding corporations to avoid responsibility. If you look at the way the facility is established, there will be a contractual relationship between a management company and a nursing home, where the same human being is on both
(more…)

81% of Georgia Nursing Homes are Deficient in Quality of Care and Other Services

You don’t have to be an Atlanta injury attorney to know that nursing home abuse and negligence is alive and well in Georgia and across the country. For most elder people, their greatest fear is being put in the dreaded nursing home and for good reason. In our practice, we have noted that more often than not these homes are understaffed by unqualified employees.
The Office of the Inspector General of the Department of Health and Human Services recently completed a study and issued

(more…)

Off Road Recreational Vehicles Probed

Our serious injury lawyers have investigated cases involving off-road recreational vehicles. Now, the U.S. Consumer Product Safety Commission, CPSC, is probing the design of these so-called recreational off- highway vehicles after reports of fatal accidents involving new products which are currently unregulated.
.
The investigation involves several brands and more than 30 daeths. The Wall Street Journal has reported that the Yamaha Motor Rhino was a focus of the inquiry, with at least 30 deaths.
The investigation has brought attention to gaps in oversight of
(more…)

Trial Techniques – The Art of Cross-Examination – Part XI

Rule No. 7 of 12: The successful cross-examiner listens to the witness’s direct testimony.
When a witness is called by the other side to testify against one’s client, one must be very careful to listen to that witness. Even if counsel has had the benefit of taking the deposition of the witness and has a beautiful outline to be used for anticipated cross of the witness, counsel must nonetheless listen very closely to the actual testimony given before the jury. It may be that the
(more…)

Trial Techniques – The Art of Cross-Examination – Part X

Rule No. 6 of 12: The successful cross-examiner stays calm and collected whatever happens.
During the testimony of a witness, particularly where the witness is providing very damaging testimony, counsel cannot flinch or otherwise demonstrate through body language that his client’s case has been hurt. Counsel must always stay calm and collected because body language many times can betray counsel’s representation of their client.
When a witness is being evasive or refuses to answer questions or asks counsel questions from the witness stand, counsel must
(more…)

ATV ACCIDENT RESULTS IN DEATH & SERIOUS INJURY

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. Yesterday, we read about a 12-year-old Alto, Georgia girl who was killed last Friday night about 8:30 p.m. in an accident involving an all-terrain vehicle in Banks County. According to the Georgia State Patrol the girl was driving the vehicle when it overturned on private property. A 15-year-old passenger, who was not identified, was

(more…)

Trial Techniques – The Art of Cross-Examination – Part IX

Rule No. 5 of 12: The successful cross-examiner never asks an open-ended question such as “why” unless it does not care what the answer is.
In discussing rule 4 above, we gave a good example of why you do not ask open-ended questions. If you ask a witness “why?” they will tell you. In other words, they will give a speech, which usually will hurt your client. If you are cross-examining a witness, by definition, that means that the witness has been called by the
(more…)

Dangerous Magnetic Toy Manufacturer Fined

We have previously written about dangerous toys containing magnets which can be swallowed by small children. Last week, toy manufacturer Mega Brands America Inc. consented to pay a $1.1 million civil penalty for failing to promptly report promptly dangerous magnetic building sets which it manufactured. The sets have been blamed in the death of a child.
As we reported, tiny magnets can fall out of toys and be swallowed or inhaled by children. If more than one magnet is swallowed, they can attach to each
(more…)

Trial Techniques – The Art of Cross-Examination – Part VIII

Rule No. 4 of 12: The successful cross-examiner never asks a question unless he knows what the answer will be or doesn’t care what it is.
Unless counsel is fully prepared, has fully investigated the case and has conducted necessary discovery, this rule is difficult to follow. On the other hand, if counsel knows everything about the case then there is no reason why this rule cannot be followed and, in fact, it should be followed in all cases. Otherwise, disaster can strike.
There is
(more…)

Trial Techniques – The Art of Cross-Examination – Part VII

Rule No. 3 of 12: The successful cross-examiner avoids the appearance of pettiness, nit-picking or unfairness to the witness.
Even though we practice in an adversarial system, there is no necessity to be adversarial with the cross-examination of each and every witness. Righteous indignation needs to be saved for appropriate occasions where the witness is clearly lying or needs to be exposed for some form of aggravated misconduct. Counsel must reserve outrage and indignation for the proper case.
If trial counsel is unfair to any
(more…)

Raptiva Withdrawn From Market

Raptiva, a drug manufactured by Roche HoldingAG’s Genentech Inc. and marketed for the treatment of psoriasis has been linked to a rare but often fatal brain disorder. As a result of these findings, Genentech has issued a voluntary recall of the drug.
Genentech previously disclosed that three cases of the disorder, called progressive multifocal leukoencephalopathy, had turned up in patients taking Raptiva since October of last year. Two of these cases were fatal. A fourth patient died of unknown cause after developing neurologic symptoms. All
(more…)

Physical & Sexual Abuse At Georgia Day Care Centers

The Georgia injury lawyers at Finch McCranie, LLP have represented, and continue to represent, victims of day care child abuse. The statistics on physical child abuse are alarming. It is estimated that hundreds of thousands of children are physically abused each year by a parent or close relative; however, abusers include daycare workers, healthcare providers, mental healthcare workers and others who care for children on a daily basis.

(more…)

GM Recalls Dangerous Cars

Many Georgia residents may be driving General Motors cars which have a dangerous propensity to ignite in flames. General Motors and the National Highway Traffic Safety Administration announced yesterday that the possibility of engine fires has prompted General Motors to recall nearly 1.5 million passenger sedans manufactured between 1997 and 2003.

The recall covers certain mid- and full-size passenger sedans under GM’s Chevrolet, Buick, Oldsmobile and Pontiac brands.

(more…)
Secret Link