Trial Attorney Blog

Atlanta pedestrians are subject to many dangers. Transportation For America, a consumer advocacy group has ranked the metro area as the 10th most-dangerous city for pedestrians in 2007-2008. The group said there are 5,000 preventable pedestrian deaths in the U.S. every year.

The group assessed 52 metropolitan areas on how dangerous they are for pedestrians. The 10 worst for pedestrians in 2007-2008 were: Orlando, Fla.; Tampa, Fla.; Miami; Jacksonville, Fla.; Memphis; Raleigh, N.C.; Louisville, Ky.; Houston; Birmingham, Ala.; and Atlanta.

According to the study, Atlanta had a 1.37 annual pedestrian deaths per 100,000 residents and 1.3 percent of the city’s workers walked to work in 2007-2008.

The Women’s Health Initiative has issued warnings in the past that certain hormone replacement medications have the ability to harm many women. For example, Prempro is a drug that has been taken by as many as 6 million women in just one year. Statistically, it did not seem that the increased risk of developing breast cancer from using this hormone replacement therapy was all that great. Statisticians stated that there would be a .08% additional case of breast cancer for every 10,000 women that did take Prempro as opposed to those that did not. Another .07% of women that take Prempro would have a heart attack. 0.8% additional women taking Prempro would have a stroke. Apparently, these numbers were based on a research into the number of additional cases reported and extrapolations therefrom.
Statistics do not sound all that harmful when taken in the abstract. .08% does not sound like a great risk. However, if 6 million women took Prempro in any one calendar year, that .08% would mean an additional 4,800 additional breast cancer cases. 4,200 more heart attacks and 4,800 more strokes. Moreover, there are many other side effects which are related to the use of hormone replacement therapy.
Despite the life threatening and significant health risks associated with hormone replacement therapy such as Prempro, countless women continue to use hormone replacement therapy. After all, it has been around for many years and has almost become accepted, some calling it a rite of menopause passage. Some women look to drugs now to deal with menopause as opposed to more healthy means of reducing the menopause symptoms without deadly side effects of some of the hormone replacement medications. While synthetic hormone replacement therapy such as Prempro may provide some relief from menopausal symptoms, based on research done to date, it does not appear that some of the synthetic replacement therapy is not worth the risk, particularly when safe alternatives exist for use by women.
We have noted recently in following the litigation associated with Prempro that some of these cases are now going to trial. Recently there was a huge verdict up in Philadelphia where a jury found that the manufacturer had failed to disclose its knowledge of the increased risks associated with the use of Prempro returning a large punitive damage award. While some medications might be more harmful than others, obviously, all women deserve the right to know the truth and particularly deserve the right to know what risks are

Continue reading

As Congress debates providing and paying for health care, another huge “cost” must not be forgotten: the cost of medical errors and medical negligence.
According to conservative estimates, 98,000 Americans annually die because of preventable medical negligence. Many more suffer life-changing injuries.
A terrific website, 98,000 Reasons, describes many of these stories of preventable injuries and deaths. Please visit it, as reducing medical errors saves innocent lives, and reduces costs of health care.

Our Georgia product liability lawyers have filed many lawsuits against foreign manufacturers for dangerous products introduced into commerce in the United States. In these actions it is sometimes very difficult to find and serve the manufacturer in a foreign country.

This problem has now come into the spotlight as the result of the Chinese wallboard epidemic facing many unsuspecting consumers across the United States. The problem is enormous. By some accounts as many as 100,000 homes across the United States, built between 2004 and 2008, may contain defective and potentially dangerous Chinese drywall.

The wallboard has been determined to contain excessively high levels of sulfur. Homeowners have reported that the fumes from the wallboard cause illness and corrode the copper in home wiring, fixtures and appliances.

Our Atlanta consumer lawyers often have to inform wronged consumers that they have no remedy under the law. We see this very often in the investment, credit, and banking areas. Legislation that, if enacted, will provide greater protection to investors was approved by a committee of the U.S. House of Representatives last week.

At the same time, the full House approved a bill to accelerate restrictions on abusive practices by credit card companies that had been signed into law last May. That law was scheduled to take effect in February, but many banks and credit card companies are taking advantage of the delay by raising rates and fees before the practices are unlawful. The House voted to make the new law effective next month, but Senate approval is not certain.

The bill is part of an effort to overhaul the financial regulatory system in response to the crisis in the financial markets. It would provide new powers and increased resources to the Securities and Exchange Commission. Importantly, it would give the SEC authority to end mandatory arbitration agreements that investors must sign with their brokers and financial advisers. It would establish a whistle-blower program for Wall Street employees designed to ferret out corruption in the financial sector. Similar provisions have been very successful in other areas such as health care and government contracting fraud.

The United States Supreme Court heard arguments Wednesday in a very interesting case. The question before the Court in Pottawattamie County, Iowa, v. McGhee and Harrington is : Do citizens who have been framed by unscrupulous prosecutors for crimes they did not commit have a right to sue the prosecutors when the fraud is finally exposed?

Most public officials have qualified immunity, which means that they can’t be sued personally for actions taken in the course of their public duties unless it can be shown that they willfully violated clearly established statutory or constitutional rights. In almost all cases qualified immunity is enough to prevent suits against public officials.

The position taken by the federal government and being joined in by many state’s attorney generals is not that prosecutors should only be held accountable for wrongful convictions if it can be proven that they proactively and intentionally created false evidence or violated the clear legal and ethical requirements of their position.

Our Georgia product liability lawyers have been monitoring the Toyota recall due to uncontrolled rapid acceleration. Several weeks ago, Toyota announced the biggest recall in its history. The Japanese automaker issued a safety advisory urging Toyota owners of over 3.8 million cars and trucks to remove driver side mats from their vehicles.

It initially was announced that the floor mats were the sole cause of these sudden acceleration incidents. Now, ABC news is reporting that the cause may be something much more complicated than the floor mat design. According to ABC there have been several reports of sudden uncontrolled acceleration in Toyota vehicles in which the driver’s side floor mats had been removed. This has caused investigators to question whether there is a design defect in the electronics controlling acceleration. Toyota has denied that any such defect exists.

The National Highway Traffic Safety Administration, issued a statement yesterday

It seems that everyday when our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. Today, we read about another tragic police chase, this one in Montana. The Billings Gazette reported that the family of a Billings nurse killed by a drunken teenager who was fleeing from police has filed a wrongful death and negligence lawsuit, claiming city officers and county deputies violated their own pursuit policies. Stahl died shortly before 7 a.m. on April 18, 2008, when her car was hit broadside by a GMC Jimmy driven by 17-year-old Brian Houston. Stahl was on her way to work as an operating-room nurse at Billings Clinic. The collision happened when the Jimmy went through a stop sign and hit Stahl’s car.The lawsuit also claims that after the crash that killed 27-year-old Lillian Stahl, city and county law enforcement agencies lied to the public by stating that the sheriff’s deputy leading the pursuit called off the chase several blocks before the fatal collision. According to the article, allegations against the law enforcement agencies in the lawsuit include: the first city officer involved in the incident was driving an unmarked police car; the chase was unwarranted because the driver was suspected of committing only misdemeanor offenses and had been partially identified; that numerous patrol cars from both agencies converged on the area and joined in the chase; and that a city officer’s written report and patrol car video “don’t match up.” The teenager was charged as an adult with negligent vehicular homicide and other felonies. He eventually plead guilty and was sentenced to 20 years in prison. The full article in the Billings Gazette can be found at http://billingsgazette.com/news/local/crime-and-courts/article_8b672cea-bf8d-11de-b6fa-001cc4c002e0.html. A photograph of the innocent victim should remind readers that all citizens are vulnerable to being killed by these senseless and reckless chases. Once again, a high speed police chase occurred involving a non-violent felony and an innocent person paid the price for this reckless disregard of proper police procedure with their life. What the public does not realize is that the number of victims nationwide in high speed pursuits is greater than the number of victims killed in the 911 destruction of the World Trade Towers. Indeed, the number of those killed and maimed in high speed pursuits are similar to the number of those killed and maimed in the Iraq war. This is a nationwide problem which is particularly acute here in Georgia. And yet, the chases (for non-violent offenders) continue and the innocent die. All of these cases read the same – only the names change. As of the writing of this entry to our blog, our lawyers have filed 6 different lawsuits involving 8 deaths in Georgia, all arising in the context of high speed police pursuits.
Our attorneys at Finch McCranie, LLP will continue to represent the interests of innocent victims. Hopefully, litigation will curb these unwarranted and dangerous police chases. The goal is to get the police community to recognize that they should only chase for violent offenders and should not chase when the danger to the public caused by the chase outweighs the danger presented by the suspect. If enough Georgia juries intervene and condemn these chases with their verdicts, hopefully, lives in Georgia will be saved.

As Georgia injury lawyers, we are well aware that citizens can no longer rely on the Federal Drug Administration (FDA) to be the guardian of public safety when it comes to new drugs that come to market. Every year, the cash rich pharmaceutical companies, with their high powered lobbyist market and sell dangerous drugs and medical devices to the public. The Coalition Against Bayer Dangers, a consumer watchdog group, has demanded an ban of “third generation” contraceptive pills with increased rates of side effects. Studies recently published in the British Medical Journal found that pills which contained the hormones Drospirenone or Desogestrel carry twice the risk of potentially fatal injuries than the second generation medication first used in the 1970’s. The study showed that contraceptive pills such as Yaz and Yasmin, manufactured by Bayer, caused a 6-fold increase in the risk of blood clots, which cause serious injuries such as Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE). These pills may also cause gallbladder disease requiring surgical removal. Bayer is the world market leader in hormonal contraceptives. Sales of Yaz and Yasmin were more than one billion dollars last year.
If you or a loved one has been injured as a result of taking Yaz or Yasmin, manufactured by Bayer, contact the Georgia Injury Lawyers at Finch McCranie, LLP for a free consultation.

Nursing home neglect and nursing home negligence leading to the wrongful death or serious injury of the elderly is a growing problem. With the number of aging baby boomers steadily increasing, it is likely to continue to be a problem. Neglect takes many forms. Recently, we read that an Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year old Alzheimer patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sara Wentworth died of hypothermia earlier this year after wandering out of the Arbor Of Itasca Nursing Home in freezing temperatures. Heidi Leon, the nursing assistant on duty at the time, failed to respond when Wentworth triggered an alarm, prosecutors said. A wrongful death lawsuit is currently pending against the facility.
For 45 years, the Georgia injury lawyers at Finch McCranie, LLP have represented victims of nursing home negligence in personal injury cases and wrongful death actions. If your loved one has been injured as a result of the negligence of a nursing home, call us to discuss your rights at 800 228-9159.
Chicago Tribune