Personal Injury & Wrongful Death

Arbitration Exposed As Being Controlled By Big Business

Forced arbitration in consumer contracts has become a way of life in the United States. Almost all consumer contracts and purchase agreements contain clauses requiring a person that has been the victim of fraud, negligence, or intentional harmful conduct by a large company to give up their rights to a jury trial and submit to arbitration.
For many years consumer and lawyer groups have complained that these arbitration panels are stacked against consumers and serve as nothing more than “bought” protectors of large companies.
Recently,
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Cell Phone Usage and Auto Accidents

Our Atlanta car accident attorneys frequently review cases in which the negligent driver has been distracted while conversing on a cell phone. Recently, the consumer advocacy groups Public Citizen and the Center for Auto Safety obtained records showing that since 2003, the government has known that drivers talking on their cell phones experience the same potentially deadly distraction whether they are using a handheld device or hands-free technology.
In a press release the groups stated that by keeping this information secret from the public
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Servicemembers Have No Recourse For Malpractice

Many servicemembers and dependents reside in Georgia. While servicemembers can receive care at military hospitals they have no rights if they are the victim of malpractice, no matter how egregious. The Feres Doctrine, named after a 1950 Supreme Court decision, grants complete immunity to military health care professionals who commit malpractice upon service members. Service members who have sacrificed for their country and become victims of malpractice are left to suffer the consequences with no recourse.
This injustice has again come to light in
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Another Police Chase: Another Innocent Person Killed

According to news reports out of Memphis, Tennessee, on Monday, July 20, a suspect was on the run from the police when he ran a red light striking another vehicle and killing the innocent driver of that vehicle. The newspaper reports said the suspect was fleeing from the police in a stolen vehicle and that when he hit the other car he did so on the driver’s side killing the female driver instantly. The news report indicates that the innocent victim was a female in
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Death To The Innocent: A Preventable Result of High Speed Pursuit Chases

We read in the paper about a tragic death which occurred in Pittsburg, Kansas on July 17 of this year. According to news accounts, deputy Sheriffs in Cherokee County, Kansas were pursuing a driver who had committed traffic violations. During the high speed pursuit, the fleeing suspect rear-ended another vehicle on the road resulting in the death of a 13-year old innocent victim. The child’s mother was taken to a nearby hospital but the news accounts released thus far do not indicate the severity of
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Accutane Removed From Market

Accutane, a popular, but dangerous, acne drug has been pulled from the U.S. market by its manufacturer, Roche Holdings, a Swiss company. Currently, Accutane is the subject of about 700 lawsuits alleging that the drug caused inflammatory bowel disease. Most of the lawsuits have been consolidated in the courts of New Jersey, where the drug is manufactured by Hoffman -LaRoche, a U.S. subsidary of Roche Holdings.
Inflammatory bowel disease (which is not the same thing as irritable bowel syndrome, or IBS) refers to two diseases that cause inflammation of the intestines, ulcerative colitis and Crohn’s disease. The diseases have some features in common, but there are some important differences.
Ulcerative colitis is an inflammatory disease of the large intestine, also called the colon. In ulcerative colitis, the inner lining of the intestine becomes inflamed and develops ulcers. Ulcerative colitis is often the most severe in the rectal area, which can cause frequent diarrhea. Mucus and blood often appear in the stool if the lining of the colon is damaged.
Crohn’s disease differs from ulcerative colitis in the areas of the bowel it involves. It most commonly affects the last part of the small intestine and parts of the large intestine. However, Crohn’s disease can attack any part of the digestive tract. Crohn’s disease causes inflammation that extends much deeper into the layers of the intestinal wall than ulcerative colitis. Crohn’s disease generally tends to involve the entire bowel wall, whereas ulcerative colitis affects only the lining of the bowel.
By withdrawing the drug from the U.S. market Roche may be hoping to fuel settlements of the pending lawsuits. Roche has lost the six lawsuits that have gone to trial to date with damages totaling more than 33 million dollars.
The lawsuits allege that Roche failed to warn doctors and patients about the risks of developing inflammatory bowel disease.
Accutane has previously been linked to birth defects and has been removed from the market in 11 other countries.

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2009 Increase in Number of Police Officers Killed in The Line of Duty

According to a report issued by the National Law Enforcement Officers Memorial Fund the number of law enforcement officers killed in the line of duty jumped twenty percent (20%) during the first six months of 2009. The number of officers killed in traffic related incidents increased seventeen percent (17%) during the first six months of 2009 from 30 to 35 deaths. Of interest is the fact that more officers are killed in the line of duty in traffic related accidents than they are with incidents
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$24 Million Awarded in Medical Malpractice Case

Georgia injury lawyers know that a medical providers failure to diagnose a condition or even mis-diagnose a condition can, and often does, result in the wrongful death of a patient.
A Tennessee state court jury has awarded nearly $24 million to a woman in what is one of the largest medical malpractice verdicts ever in the state of Tennessee. The lawsuit alleged her doctor failed to diagnose a lump that she complained about over the course of 18 months. The lump turned

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Medical Malpractice Myths

Now that the Obama administration is proposing health care reform, big insurance companies and some doctors associations are attempting to graft so called “tort reform” into the legislation. Georgia residents are already faced with a very restrictive system which affords doctors, hospitals, and other health care professionals with extraordinary protections against lawsuits. Even in the worst cases of malpractice victims are restircted to a recovery for non economic damages of no more than $350,000.00.
The New York Times today ran an excellent guest editorial regarding
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Georgia Boating Accidents

Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents and collisions. Boating accidents usually occur in our area either on a privately owned vessel or on a personal watercraft (jet ski). Some of the causes include:
Boater error
Boater inexperience
Boating under the influence of drugs and/or alcohol
Equipment failure
Adverse weather and/or water conditions
A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers
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E-coli Tainted Lettuce Recalled

An outbreak of 19 E-coli related illnesses in Michigan, Ohio and New York may be linked to shredded romaine lettuce sold to grocery stores for use in salad bars and delis, according to the Food and Drug Administration (FDA). Yesterday, the FDA announced a recall of the potentially dangerous produce.
Escherichia coli (abbreviated as E. coli) are a large and diverse group of bacteria. Although most strains of E. coli are harmless, others can be extremely harmful. Strains of E. coli can cause diarrhea, urinary
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Death Linked to Defective Cribs

Yesterday, the Associated Press reported that on Thursday of this week the government recalled thousands of baby cribs manufactured by Simplicity and Graco, after warning that babies could suffocate or strangle in them. Apparently the problem with both types of cribs relates to faulty or defective hardware. According to the article, the Consumer Product Safety Commission said the Simplicity crib recall was linked to at least one death and it involved thousands of cribs. The recall involving Simplicity products is for all full-sized cribs

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Clients Deserve Better And So Do Lawyers

Last night after a long day at work I went home and decided to browse local television shows. In so doing, I came across a program entitled “American Greed.” The topic of the program I was watching was extremely disappointing to me but regrettably a symptom of modern day society. The program dealt with greedy lawyers who were stealing from their clients. I watched the program in amazement because the greed of these lawyers was utterly fantastic and extremely disappointing to me as a plaintiff’s
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Health Insurer Targets Women With Breast Cancer For Denial Of Coverage

Our Atlanta lawyers constantly receive calls from consumers who have had their health insurance companies refuse to pay for necessary treatment or have had their insurance cancelled after they become sick. A recent report has reveled that WellPoint, the nation’s largest health insurer, has aggressively targeted women with breast cancer with the intent of canceling their health insurance policies.
Reuters news service cited federal investigators and regulators as a source of this information. According to the report, WellPoint has used a computer program to automatically
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Suing Government Officials In Georgia

Most members of the public do not realize that it is very difficult to sue a government official. As long as government officials are acting within the scope of their discretionary authority, they are typically immunized by law from legal liability for mistakes they make, even including claims involving negligence, gross negligence and/or recklessness. The main exception to this rule typically involves the operation of automobiles for which there has been a statutory waiver of sovereign immunity in Georgia. There are, however, other limited exceptions
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How To Reduce Medical Malpractice Claims

Medical malpractice became a hot button issue in the recent healthcare debate. Many politicians, healthcare workers, and large insurers argued that medical malpractice cases are a large contributor to the rising cost of healthcare in the United States. Even though this line of argument has been consistently proven to be false, it was constantly brought up buy opponents of healthcare reform.
There is a better way to reduce the number of medical malpractice cases without sacrificing innocent victims who have been maimed due to
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Food Safety

The safety of the United States food supply is a vital interest of all citizens. The recent deadly outbreaks of salmonella poisoning in peanuts, spinach, and other foods has brought the lack of safeguards in the food supply chain to the forefront.
A new report by the U.S. Food and Drug Administration’s inspector general, released last week, documents an outdated and ineffective federal food safety program with too few inspectors, too skimpy legal authority and too little funding.
Faced with the reality of overseas food-processing
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Police Pursuit Policies Changed: More Changes Needed

Finch McCranie has been representing innocent victims caught up in police chases for over a decade. While the police should chase violent felons who are endangering the public, many of these cases involve chases where the police are pursuing non-violent or mere traffic offenders at high speeds with the end result being a third party killed or injured, caught up by happenstance in the dangerous pursuit. We have long advocated that the police should pursue violent offenders where the risk of the chase to
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High Chair Recall

Our Atlanta product liability lawyers see many cases involving defective products which cause injury. None are more disturbing than those involving children. There have been 24 reported injuries of children involving Graco Harmony highchairs. In an effort to avoid further injuries Graco Children’s Products announced Thursday that it is recalling 1.2 million Harmony highchairs because of stability issues.
The company makes car seats, strollers, swings and other products for kids. It reported that that its Harmony highchairs can be unstable and tip over. The highchair
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PEDS Wire Hunt to Continue

In February of 2006, John Lamb was killed when a bicycle he was riding became entangled with hazardous utility wires which draped across a city sidewalk. Mr. Lamb did not see the wires that were still attached to the utility pole until it was too late. Unfortunately, he was thrown from his bicycle, landed on his head, broke his neck and was killed.
This spring, PEDS, a pedestrian safety advocacy group located in Atlanta, will be conducting the Second Annual John Lamb Hazardous Wire Hunt.
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