Personal Injury

NEW DRUG LABELING LAW

As the Georgia Injury Lawyer Blog attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, PDUFA. This Act creates new federal safety requirements for drug companies, and
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Spoliation or Destruction Of Evidence

Spoliation is defined as the destruction or a significant or meaningful alteration of evidence. For many years, in Georgia, spoliation of evidence has given rise to a presumption against the spoliator which has resulted in discovery sanctions in appropriate cases. Many states actually recognize a separate tort of spoliation. However, Georgia courts have not yet embraced that concept.
Spoliation of evidence is actually a type of fraud which interferes with the plaintiff’s opportunity to win a lawsuit. In some cases, it can logically be expanded
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Medical Malpractice or Frivolous Litigation?

It seems that all the time we read articles about the need for reform in the medical malpractice area because of so-called frivolous litigation. The argument always seems to be that claims are being brought which are frivolous and that medical malpractice rarely occurs. The truth is that, like any other human undertaking, malpractice does occur in the field of medicine. Sometimes, the malpractice can be egregious and the mistakes life altering.
Just today we read a story about a lady who had a double
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FORMER CHIEF JUDGE OF CLAYTON COUNTY SUPERIOR COURT JOINS FIRM

Stephen E. Boswell, former Chief Judge of Clayton County Superior Court, has joined one of the Atlanta area’s longest established law firms, Finch McCranie, LLP., according to Richard W. Hendrix, partner in the firm.
Judge Boswell recently retired from the Superior Court bench after serving 13 years as a Superior Court Judge, over two periods of service since 1982. Previously, he was in private practice in the Atlanta area for 16 years, with a variety of experience in civil and criminal jury trials.
As of
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Georgia Motorcycle Accident Kills One, Injures Another

We read in yesterday’s paper where one motorcyclist was killed and another seriously injured after their bikes were involved in a multi-vehicle wreck just outside of Atlanta in Cherokee County. According to the news accounts, the bikers were among a group of 40 to 50 taking part in a charity bike ride when the crash occurred. The news report indicates that a teenage driver struck a lady who was sitting stopped at a stop sign waiting for the motorcyclists to pass her when, after being
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Civil Restitution For Crime Victims In Federal Court

In 1996 the United States Congress enacted the Mandatory Victims Restitution Act of 1996, which makes restitution mandatory upon a defendant’s conviction for a federal violent or property crime in which there is an identifiable victim who has directly and proximately suffered physical injury or monetary loss. Upon conviction for other federal crimes, including drug offenses, the imposition of restitution is in the discretion of the sentencing court. In instances in which restitution is imposed, the court “shall order restitution to each victim in the
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Another Chinese Toy Recall

The Associated Press is reporting that yet another massive recall of Chinese-made toys has been issued. Toys and child necklaces made in China were recalled Wednesday because they contain dangerous levels of lead. The recalled toys contained high levels of lead on their surface paint and the necklaces and jewelry sets contain excessive lead in some of their metal parts.
Under current regulations, children’s products which contain more than .06% of lead accessible to users are subject to a recall. The Consumer Product Safety Commission
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Food Poisoning Danger – Recall Due To E. coli

Our firm was recently retained to represent a gentleman who almost died after he consumed a meal at a restaurant in south Georgia. It seems like our food supply is not as safe as it used to be. Time and time again we hear and read about horrific food poisoning injury cases, some resulting in death.
The U.S. Department of Agriculture reported this week that a New Jersey-based meat processor has voluntarily recalled 331,582 pounds of frozen ground beef products that may be contaminated with
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Effort to Control Hospital Infections

In an analysis made public this week, Consumers Union, the publisher of Consumer Reports Magazine, compared data compiled by the Federal Centers for Medicare and Medicaid Services showing compliance with infection control measures for hospitals in Maryland and Virginia.
Consumers Union is advocating a bill before Congress that will require hospitals to publish their infection rates. The analysis determined that the hospitals in both states generally performed about as well as hospitals nationwide. But, according to the study, the hospitals in each state varied greatly
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Gadolinium Contrast Agent – A Dangerous Drug Under Investigation

Many of us who have handled serious personal injury cases, including those involving brain injury have seen MRI’s performed using various contrast agents for years. One of those agents does not appear to be as safe as once thought. Gadolinium, or gadodiamide, is a contrast agent which allows an MRI to define normal tissue from abnormal tissue in the brain and body. The FDA declared Gadolinium safe for use in contrast MRI’s in 1988.
In June 2006, the FDA first notified health care professionals and
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Closed Head Injuries: More Serious Than Skull Fractures

Our personal injury lawyers have seen closed head injuries in every locale surrounding metropolitan Atlanta whether it be Austell, Snellville, Roswell, Alpharetta, Jonesboro, Sandy Springs or the other numerous locales near the city. Victims of closed head injuries oftentimes have the most serious injuries we confront due to swelling of the brain caused by the trauma. What we have learned from taking numerous medical depositions and researching these claims is that a serious head injury can have profound consequences for the victim in situation
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Pedestrian Personal Injury Cases On The Rise

In metropolitan Atlanta, our lawyers are seeing more and more pedestrian personal injury cases. Due to congested conditions caused by increasing population and more motorists on the road, as might be expected, there are more incidents involving pedestrians. Many cases involve situations where pedestrians are not in walking in crosswalks and are struck while crossing a road, sometimes in broad daylight. Other cases involve pedestrians crossing the road at night when they are difficult to see. Other cases involve joggers and people on sidewalks
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Police Chases: Why Do The Police Always Deny Their Mistakes?

Having handled police chase cases for over a decade, I have yet to see a case in which the police admitted wrongdoing when a high speed pursuit turned out badly. Obviously, when a high speed pursuit ends in tragedy and someone is killed or seriously injured, the police know that immediately. In cases where the pursuit should not have been initiated and/or continued, the wagons are then circled and numerous explanations and rationalizations are provided as to why the police were merely “doing their
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Amputations and Infections

Our personal injury lawyers unfortunately have seen far too many cases involving traumatic amputations. In many of these cases, the tragedy is compounded by infection that sets in shortly after the original trauma. If one loses a leg below the knee, for example, and there is an immediate amputation after the traumatic event, it is not uncommon to see subsequent amputations due to the development of infection. In some cases we have handled, there have been problems with gangrene, which required multiple amputations. The

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Car Accident Injury Study Shows Inadequate Seat Belt Use

Our Atlanta, Georgia car accident lawyers frequently review cases in which the occupants of cars have suffered severe injuries or death while not wearing seat belts. In many of these cases the injuries could have been prevented had seat belts been in use.
Fatality figures released Monday by the National Highway Traffic Safety Administration reveal that more than two-thirds of young drivers and passengers killed in nighttime car crashes aren’t wearing seat belts.
According to the report, seat belt use actually is rising slightly nationwide.
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Traumatic Electrical Injuries

Traumatically induced electrical injuries are not only a common form of trauma but also complex and potentially devastating to the victim. The physical and emotional manifestations and severity of electrical trauma encompass a wide spectrum of symptoms ranging from a brief unpleasant sensation due to contact with a low intensity household current to instant death and/or massive injury from high voltage electrocution. Unlike a thermal burn, electrical injuries commonly involve multiple body systems and organs which are very difficult to manage and treat. In our
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Glass Injuries from Unsafe Glass That Is Not “Safety Glass”: How Dangerous Glass Causing Personal Injury and Death Continues to Endanger Unsuspecting Children and Adults

We are continually disturbed when we hear reports of persons injured by unsafe glass–decades after the need for “safety glazing” material (safety glass) was recognized. Our serious personal injury lawyers have delved deeply into the history of glass injuries in representing clients who have suffered what can be life-threatening injuries from unsafe glass, in premises liability cases tried successfully. We hope to share what we have learned about these dangerous products so that future injuries from dangerous glass can be prevented.

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Medical Mistakes Not Uncommon

According to Healthgrades, an independent health care ratings company, 247,662 patients studied between 2003 and 2005 died from potentially preventable problems. The Institute of Medicine estimates that 1.5 million patients every year suffer from mistakes with medications.
People can sue for damages under state law if they’re harmed by drugs and medical products, but the Bush administration argues that states have no right to fault a company for selling a product that has been reviewed and approved by the federal government.
“Blocking such lawsuits, in
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Another Tort Reformer Sues

In what seems to be a classic case of “do as I say, not as I do,” one-time U.S. Supreme Court nominee Robert H. Bork, an advocate for limiting the right of ordinary citizens to sue for damages, has settled a $1 million lawsuit Friday against the Yale Club of New York.
Bork sued in Manhattan federal court last year claiming he fell stepping onto a platform to speak. Bork’s lawsuit alleged he injured himself so badly at the June 2006 event that he needed
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Traumatic Brain Injuries Are On The Rise

In our personal injury practice, we have seen evidence here locally of what has been documented to be a growing and national problem. We have seen more and more brain injury cases resulting from traumatic events, typically tractor-trailer accidents, automobile accidents or some other traumatic incident, many times caused by the negligence of a third party. We have also seen these cases in the context of serious on-the-job injuries. What we see here in our practice mirrors the growing nature of this problem. Indeed,
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