Georgia Injury Lawyer Blog

A bone growth agent used in thousands of spinal fusion surgeries for neck pain has been linked to complications and higher cost, according to the first nationwide study of the product. Spinal fusion is one option for people with back and neck pain, although some researchers have questioned how well it works.

In a spinal fusion, a surgeon removes the disc between two vertebrae and replaces it with the patient’s own bone, BMP or another product. If successful, new bone grows and fuses the vertebrae into one piece, stabilizing the spine.

Safety questions arose last year about the protein product, BMP, when used in fusion surgeries in the neck region, a use not approved by federal regulators. Doctors are allowed to use products such as this for purposes for which they have not been approved. The lead author of the study which appears in the latest issue of the Journal of the American Medical Association reported that some of these complications are life-threatening because the neck is such a sensitive area.

Smaller studies have shown BMP promotes better healing of the bone and fewer repeat surgeries to fix failed spinal fusions. The product also makes it unnecessary to surgically harvest the patient’s own bone from the shin or hip for a graft. However, the powerful protein can make bone grow in unwanted places if it’s incorrectly used. There are no official guidelines for its use.

For the new study, researchers looked at records of more than 325,000 spinal fusions from 2002 to 2006. When BMP was used in the front of the neck region of the spine, there were complications in 7 percent of patients before they left the hospital, a 50 percent higher rate compared to when the product wasn’t used.

Elsewhere in the spine, however, BMP led to no more complications than other spinal fusion treatments.

Surgeons have rapidly adopted BMP since the Food and Drug Administration approved it in 2002 for back surgeries. Doctors used it in 17,623 spinal fusions in 2006, nearly 1 in 4 cases, the researchers found.

Last year, the FDA warned doctors about 38 reports of complications when the treatment was used in the neck region of the spine. For unknown reasons, some patients had swelling after surgery, and that caused problems with breathing and swallowing.

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Posted In: Dangerous Drugs , Medical Malpractice , Pharmaceutical Manufacturer Liability , Products Liability

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Adverse prescription drug reactions are more common than most consumer are aware, and can have serious consequences, including death. Seeking to address these problems, a Food and Drug Administration panel has recommended new limits on acetaminophen, the main ingredient in Tylenol. Acetaminophen is the most commonly prescribed drug in the U.S., and commonly used in other drugs and remedies such as cough and cold medicines.

Acetaminophen overdoses are the main cause of liver failure in the U.S. Accidental acetaminophen overdoses kill about 100 people and send some 56,000 people to emergency rooms annually. The FDA said that while the drug is safe if taken at recommended levels, its prevalence in a variety of pain relievers, fever reducers and cough medicines means patients don't realize they are ingesting far more than they should. One study found that 19% of adults in the U.S. take the drug in a given week.

The FDA advisory panel consisting of 37 doctors, pharmacists and researchers voted on the recommendations yesterday after spending two days discussing steps the FDA should take to reduce the number of acetaminophen overdoses.

The FDA panel recommended a series of measures, including banning a number of well known and commonly prescribed prescription pain relief products, such as Vicodin, Ultracet and Percocet. These pain relievers combine acetaminophen with narcotic painkillers.
That recommendation could also affect 240 pending drug applications.

The panel recommended that prescription products containing acetaminophen should include strong warnings about potential liver damage. And they also strongly advised that only one concentration of over-the-counter cold medicines should be available, citing concerns about liver damage in children. That could affect products such as Theraflu and NyQuil.

The panel did not recommend banning over-the-counter cough and cold medicines and other products that combine acetaminophen with other ingredients. The panel cited data showing liver damage occurs most frequently in patients using prescription products.

If accepted by the FDA, which generally follows suggestions of its expert panels, the recommendations could result in major changes in labeling and packaging.

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Posted In: Pharmaceutical Manufacturer Liability

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Miraculously, there have been no reported injuries or deaths following an accident in Atlanta, Georgia. Yesterday a portion of a concrete parking deck in downtown Atlanta collapsed near the intersection of Spring and 5th Streets, damaging or destroying 38 vehicles. The deck is a pre-fabricated, pre-cast concrete structure that was built eight years ago. The cause of the “pancake collapse,” where a section of the fourth floor fell onto the third, second and first floors, is still under investigation. Although the pre-cast concrete components of the structure were reportedly designed and manufactured by Greenville, S.C.-based Metromont Corp., Hardin Construction Company was the general contractor. Hardin Construction was also the general contractor in charge of building a bridge in Piedmont Park that collapsed earlier this year resulting in the on-the-job death of one worker.
Georgia residents may recall a somewhat similar accident a few years ago when the Phillips Arena was being constructed. Unfortunately two workers were crushed to death when some of the huge pre-fabricated, pre-cast concrete bleacher sections collapsed on top of one another after being welded into position. In a professional negligence case, the Georgia injury lawyers at Finch McCranie, LLP represented the widow of an ironworker who was killed. By working with experts who had been involved in large construction projects such as the Georgia Dome and Turner Field, we uncovered the reasons for the collapse. In litigation against eleven participants in the Arena construction, we obtained a very favorable settlement for our client.
The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

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Posted In: Construction Accidents , Torts , Workers Compensation , Wrongful Death

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Atlanta is the scene of another structural collapse. It has just been reported that a parking deck collapsed in the area of Spring and 5th Streets in the midtown area of Atlanta. At this time there are no reports of injuries or deaths, but the efforts of firefighters and rescue personnel to access the collapsed areas have just begun.

Our Atlanta, Georgia, lawyers have investigated and filed lawsuits in numerous construction and structural collapse cases. The most notable was the collapse during the building of Phillips Arena in Atlanta.

While we certainly hope that there are no injuries invoolved in this most recent collapse, there are many potential avenues by which a recovery for fatalities and serious injuries which can occur in such events.

There is potential liability against the designers and architects for improper or dangerous design. There may also be liability for the negligent installation or work of others. We have also successfully established liabilty for the furnishing or selling of defective components such as poorly mixed concrete or steel beams.

Injuries resulting from collapses or failure of equipment should always be explored and investigated thoroughly. The failure to do so can result in a deserving client or survivor settling for small benefits when a much larger recovery was probable

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Posted In: Construction Accidents , Products Liability , Torts , Wrongful Death

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Georgia injury lawyers know that many times automobile accidents and tractor trailer truck accidents result from defects in either the design of a roadway or the existing dangerous condition of a roadway. This is particularly true if the roadway is under construction. Last week in Georgia, it was reported that a woman driving southbound on Interstate I-85 near Newnan, Georgia got a wheel off the edge of the pavement resulting in her losing control of her vehicle, crossing the highway median and hitting a tractor-trailer rig head-on. Sadly, the accident resulted in the woman’s death. Depending on the facts, the Georgia Dept of Transportation can be held liable for highway defects which cause injury of death.

The LA Times recently reported that a jury has ruled that the California Department of Transportation was partially negligent in a crash that killed two teenagers. According to the lawsuit, the agency knew that the rolling mountain road was unsafe prior to the accident. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.

The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

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Posted In: Automobile Accidents , Brain Injury , Bus Accidents , Highway & Road Defects , Motorcycle Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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Product liability suits, especially those involving autos and trucks, generally involve life altering injuries and death. As a result of the recent bankruptcy of General Motors Corp., many of the pending and future claims involving GM products stood to be wiped out, leaving the victims with no recourse against the manufacturer. As part of its government-backed restructuring plan, GM wants to sell the bulk of its assets to a new company and leave behind unprofitable assets and other liabilities such as product-related lawsuits.

Many of these victims would have to turn to public assistance for needed medical services. The taxpayer would be left to fund these items.

Consumer groups, several state’s attorney generals, and several individuals with pending claims against objected. Now, as part of a deal brokered by the current Administration, GM has agreed to take on responsibility for future product liability claims. In a concession to the consumer groups and state officials who had threatened to block the sale because of product liability concerns, the new company will now assume responsibility for future claims involving vehicles made by the old company, according to documents filed in federal bankruptcy court in last Friday. A hearing on the proposed sale of assets is scheduled for tomorrow.

Under the previous plan, the new GM would not have assumed any liability for future claims related to GM vehicles made before the sale and creation of the new company. That meant that consumers who wanted to file a lawsuit related to a defective GM vehicle would have had to seek compensation from old GM. However, the old GM will most likely consist of unprofitable assets left over after the sale. In that case there would be nothing left to pay the claims.

Under the new proposed plan, the new company will not assume liability for already pending claims and those victims will still be forced to seek compensation from old GM.

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Posted In: Products Liability

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Federal officials are warning consumers to stop using Zicam, a popular cold remedy because they say that it could damage or destroy the users’ sense of smell. The Food and Drug Administration (FDA) has received 130 reports of people who lost their sense of smell after using Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs.

The products were introduced by Matrixx Initiatives of Scottsdale, Arizona in 1999. In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users who claimed that the product destroyed their sense of smell. Hundreds of other lawsuits have been filed. The Georgia Injury Lawyers at Finch McCranie, LLP have served injured Georgians since 1965. We have won millions for our clients and are committed to protecting consumers from dangerous products. If you have been injured by Zicam or any other dangerous products, call us for a free consultation.

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Posted In: Consumer Protection , Dangerous Drugs , Pharmaceutical Manufacturer Liability , Products Liability , Torts

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Georgia injury lawyers see people seriously injured by dangerous products of all types. Many dangerous products result in the wrongful death of their users. A grout cleaner which was once sold by Home Depot is one product alleged to have been dangerous. Dozens of product liability lawsuits over injuries allegedly caused by the tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multi-district litigation, U.S. District Judge Thomas W. Thrash, Jr. granted summary judgment in favor of Home Depot and five companies tied to the manufacturer and distribution of Stand ‘N Seal regarding consumer product safety claims. Although Home Depot didn’t manufacture the grout sealer, it is alleged that they did not remove the product from store shelves and continued to sell it to the public after they knew or should have know it was dangerous. The case is In re: Stand ‘N Seal Products liability litigation.
If you are a loved one has been injured as a result of using a dangerous product, contact the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

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Posted In: Consumer Protection , Products Liability , Torts , Workers Compensation , Wrongful Death

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The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of dangerous products. The type and nature of these dangerous products runs the gambit. Products liability in Georgia has arisen primarily as a negligence concept and even today remains the most viable theory of products liability in terms of jury comprehension. It was announced this week that a federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims; however, he has dismissed other claims that sought damages for violating federal consumer product safety laws. The product at issue, Stand ‘N Seal Spray-On Grout Cleaner, was produced exclusively for Home Depot according to court filings in the case. It is alleged in the case before the Court that the manufacturer of the grout sealer had been on notice, for more than a month before the victim purchased the product, about the potentially devastating health problems associated with its use. It was also alleged that the manufacturer delayed notification to the Product Safety Commission of the growing health complaints associated with the product’s use and that they withheld critical information that delayed a mandatory recall of the product. According to documents filed in the case, at least 2 people died and dozens were hospitalized after breathing vapors from the aerosol chemical spray product.

If you are a loved one has been injured as a result of using a dangerous product, contact the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

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Posted In: Dangerous Drugs , Pharmaceutical Manufacturer Liability , Products Liability , Torts , Wrongful Death

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Many drugs which offer promising cures when first introduced later prove to be ineffective or even dangerous. One that falls in the dangerous category is Tysabri, manufactured by Biogen, Inc. Tysarbi is a prescription medicine approved for patients with relapsing forms of MS. It has been shown to slow the worsening of disability that is common in patients with MS and decrease the number of flare-ups or relapses of the disease.

However, Biogen recently reported the ninth confirmed case of progressive multifocal leukoencphalopathy (PML) in a patient taking Tysabri. PML is a rare and often fatal viral disease that is characterized by progressive damage or inflammation of the white matter of the brain at multiple locations.

According to reports, the patient with the latest confirmed PML case took 35 doses of the monthly medication. Only two of the nine cases since last July were located in the U.S.
In 2005, a link between Tysabri and PML led to the drug being pulled off the market for 18 months. But, due to its effectiveness in fighting MS, it was relaunched in 2006.

It is reported, however, that the long-projected risk of developing the PML infection while on Tysabri is well below 1 in 1,000 patients. However, there is no way to predict who will get PML, and there is no known treatment, prevention, or cure.

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Posted In: Pharmaceutical Manufacturer Liability

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A 70-year old north Georgia man burned to death Saturday after his tractor-trailer left the roadway and caught on fire. Rescue workers attempted to pull the man from the burning truck but were unable to do so in time to save him. Authorities did not know why the truck ran off of Interstate 85 and did not know whether the driver fell asleep .

Many tractor-trailer accidents are caused by a driver’s inattentiveness or fatigue resulting from the operation of a tractor-trailer for an excessive amount of time. Federal regulations prohibit a trucking company from allowing a driver to operate a tractor-trailer while the driver’s ability or alertness is impaired by fatigue, illness, or any other cause which would make it unsafe for the driver to operate the vehicle. These regulations also prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of his work status. Georgia lawyers who handle serious personal injury and wrongful death cases against tractor-trailer companies know that a complete investigation of such a case involves the careful scrutiny of these log books.

If you or a loved one have been involved in an automobile accident or a tractor-trailer accident, consult the Georgia injury lawyers at Finch McCranie, LLP who have been handling serious injury and wrongful deaths for over 40 years.

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Posted In: Automobile Accidents , Bus Accidents , Torts , Truck and Tractor Trailer Accidents , Wrongful Death

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The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

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Posted In: ATV All Terrain Vehicle Accidents , Brain Injury , Motorcycle Accidents , Premises Liability , Torts , Wrongful Death

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