Georgia Injury Lawyer Blog

Dangerous toys containing harmful chemicals have long been a problem in the United States. The United States Congress recently passed a law banning the use of a plastic softening chemical known as phthalates in certain consumer products, including toys. The chemical is used to soften plastic - making it popular for rubber ducks, teething toys, and anything else that young children love to chew on. Exposure to phthalates has been shown to harm the development of reproductive organs and have been linked to cancer

The use of this chemical is already banned in much of the industrialized world and starting in January, the state of California. The Senators who sponsored the ban intended that it would go into effect 180 days after enactment. Senators Barbara Boxer and Diane Feinstein sponsored an amendment to the law which required the Consumer Product Safety Commission to remove the affected toys and children's products off of store shelves by Feb. 10, 2009.

Instead, the Bush administration is working to keep these harmful products on the market as long as possible. The Consumer Product Safety Commission's general counsel issued an opinion allowing these products to remain on shelves as long as they were manufactured before Feb. 10, 2009. This important distinction gives toy manufacturers a way to continue selling these goods until they have dumped every last bit of their inventory.

This interpretation will allow the United States to remain a dumping ground for phthalate-ridden toys. While clearly intended to offer toy manufacturers some cover should they decide to violate the new law, the commission's opinion won't protect manufacturers from lawsuits that they could very well lose.

Everyone who shops for toys for infants and young children should inspect label of the product and refuse to purchase it if it contains this chemical.

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Posted In: Products Liability

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A Delaware truck driver met his death after crashing his tractor-trailer into some trees alongside Interstate 95 about 11 miles inside the Georgia state line. According to authorities 54-year-old Robert Earl Webb may have fallen asleep, but he also had a history of heart disease and there was evidence he may have suffered a heart attack just before Thursday’s crash. Authorities said Webb was alive just after the accident but died at the scene. The tractor trailer truck left the road and traveled 559 feet as it went down a banked roadbed and hit several trees before stopping upright in a water-filled ditch.

Cases like this one raise a lot of questions about tractor-trailer safety. Fortunately no one else was injured or killed as a result of this truck accident. Had it been otherwise, a competent lawyer representing the innocent victim would have been investigating to determine whether the driver was suffering from drivers fatigue or whether he was in adequate physical condition to have been driving a big rig.

Under federal law a tractor trailer driver can only drive a certain number of hours in a certain time period and must maintain an accurate record in the form of a driver’s logbook. In short there are many regulations governing the operation of a truck used in interstate commerce. If you or a family member has been injured in a tractor trailer truck accident you should contact the trial lawyers of Finch McCranie, LLP immediately to protect your legal rights.

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Posted In: Truck and Tractor Trailer Accidents , Wrongful Death

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Our attorneys sometimes represent people who have been injured by employees of the State of Georgia in automobile accidents or truck accidents. Cases against the State of Georgia or its employees are governed by the Georgia Tort Claims Act. For instance we recently learned that a state accident reconstruction unit is investigating a wreck, involving a Georgia State Patrol trooper, that killed a motorcyclist in Lumpkin County last month. According to the motor vehicle accident report the state trooper executed a U-turn in the path of a Harley-Davidson motorcycle driven by 57 year-old Donald Teague of Blairsville. Teague’s motorcycle struck the patrol car when it turned around in the road, according to the report and he died after he collided with the passenger-side door of the patrol car. Depending on the facts, the State of Georgia may be liable for the wrongful death of Teague.

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Posted In: Motorcycle Accidents , Wrongful Death

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As serious injury lawyers we are increasing getting calls from victims of motor vehicle accidents caused by debris on Georgia’s highways and even Interstate highways. It is bad enough to come up on road debris in an automobile but it can easily result in the wrongful death of someone on a motorcycle. In Atlanta, it is not uncommon to see old furniture, ladders and other objects which have fallen off of vehicles.

This week, a Nepali student was killed in a motor vehicle accident in Fairfax County, Virginia. Kritika Singh, 21, who was driving an Isuzu Rodeo, died in the accident while avoiding a mattress laying on the roadway on I-66 highway. According to Virginia State Police, a box truck, which was in front of her vehicle, turned sharply to avoid hitting the mattress. Singh’s vehicle traveling behind the truck, hit the mattress, ran off the road and hit the truck.

A Georgia resident was killed when he tried to avoid a pickup truck bed liner which had blown out of the bed of the truck onto the highway. In that case authorities were able to trace the bed liner to the owner of the truck and criminal charges were lodged against the owners.

It is often difficult to identify the person or entity who was responsible for littering highways with road debris; however, we have on occasion been successful in doing so. If you have been injured as a result of similar accidents, it is imperative to contact a lawyer at Finch McCranie, LLP immediately so that a good and timely investigation can be done.

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

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Abuse of patients in medical or mental facilities is a major problem in the United States. Our attorneys frequently handle cases in which patients have suffered physical or sexual abuse at the hands of facility staff or other patients. These cases are extremely disturbing as the victims are usually some of the most vulnerable and helpless members of society.

A recent article in the Los Angeles times focused upon this issue. According to the article, Psychiatric Solutions Inc. was on its way to becoming the nation's leading provider of private psychiatric care when it purchased Sierra Vista Hospital in Sacramento, Californis in 2005.

The company put its tested business formula into action: Staffing fell. Beds filled up. Profits soared . While the results made investors happy, for some patients, federal records revealed that for patients it proved dangerous and at times deadly.

Incidents revealed in federal reports include that involving Ramona Knapp, 51, who was left fatally brain damaged after hospital workers restrained her improperly, pinning her to the floor.

In March 2007, a 29-year-old woman was mistakenly given six times the prescribed dose of a potent antipsychotic drug. Even after 15 hours, she was too weak to swallow.

The records show that Seven Burton, 55, checked into Sierra Vista Hospital for treatment of alcohol abuse and depression. Upon admission, complained of chest pains. The intake nurse didn't notify a doctor because, as she later told regulators, "he didn't look sick."

Burton was discovered the next morning, facedown on the floor of his room, shaking and sweating. Hospital staff members place him back in bed and paged a psychiatrist, getting no response. Two and a half hours later, a nurse found him blue and not breathing.

An investigation by ProPublica, a public interest news organization, revealed that these incidents at Sierra Vista Hospital are among numerous others involving abuse and neglect at PSI facilities nationwide,
PSI hospitals often fare worse than comparable private hospitals in meeting government standards for patient care, according to an analysis of state and federal inspection reports.

Unfortunately, these incidents are not confined to California or PSI hospitals. Our firm is currently pursuing legal action on behalf of two clients who were assaulted while in mental health facilities here in Georgia. If you or a loved one has been the victim if abuse or assault in a hospital, nursing home, or mental health facility, legal representation should be sought immediately.

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Posted In: Consumer Protection , Elder Abuse And Nursing Home Negligence , Medical Malpractice , Torts

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Our Georgia attorneys often represent the drivers of motor vehicles who have been injured in collsions but sometimes the passengers are injured as a result of the negligence of the host driver. Just this week, we read that a Georgia man was arrested and charged in a September motorcycle crash that left a Panama City Beach woman dead. According to authorities, Storm P. Wood and a female passenger, Robin Arnett, were ejected from the motorcycle when Wood lost control of it. Arnett died from her injuries and Wood was taken to the hospital in critical condition. According to the authorities, tests determined that he had a blood-alcohol level of 0.187. The legal limit was 0.08. Wood has been taken into custody by Georgia authorities where he faces charges of felony DUI, manslaughter and felony driving with a suspended/revoked license.

Depending on the circumstances of the case, a guest passenger on a motorcycle or in a motor vehicle has a right to sue the operator of such a motor vehicle if they are injured as a result of the operator’s negligence. Under Georgia law, generally, a guest passenger who has no right of control and who does not assume control of the operation of the vehicle cannot have the negligence of the operator imputed to him or her.

If you have been injured while a guest passenger in a automobile or on a motorcycle being operated recklessly or negligently, you may very well have a cause of action against the operator of the vehicle who caused the accident and your injuries. Our trial lawyers at Finch McCranie, LLP have represented passengers who have been injured or the families of people who have been killed as a result automobile accidents caused by the operator of a motor vehicle who is doing so recklessly or negligently. The person who has been injured while a guest passenger would be well advised to consult the law firm of Finch McCranie, LLP before giving any statements to insurance adjusters or discussing the case with anyone.

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Posted In: Motorcycle Accidents , Wrongful Death

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As Georgia lawyers handling automobile accident and truck accident cases we have litigated many such cases against Georgia municipalities. I recently read about a case where a man and his wife in Columbus, Georgia filed a personal injury lawsuit against the City of Columbus and a former firefighter to recover for injuries sustained after he ran into their vehicle with a city fire truck. The former firefighter who reportedly tested positive for cocaine an hour and 15 minutes after the crash resigned his job shortly after the collision

What is interesting about the case is that under current Georgia law, city and county governments have sovereign immunity which is waived only to the extent of available liability insurance they may have in force. In this case, the City had $100,000.00 in liability coverage and therefore that was the extent to which the plaintiffs could normally recover from them even if a jury had awarded them substantially more. Fortunately for these injured victims the City of Columbus apparently saw fit to pay them an amount over and above the $100,000.00 in liability insurance and settled the case with them for $175,000, but it could have been different.

Georgia’s sovereign immunity law is unfair to victims of automobile and truck accidents which are caused by the negligence of government employees in the performance of their jobs. People should call their state legislators and ask that cities and counties be held accountable like a private person. It is outrageous to think that a person can be injured or killed by a negligent city or county employee and that the victim would be limited in their recovery to whatever insurance may have been purchased by the governmental entity. The state and the counties should be liable for injuries or death just like any other private citizen.

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

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Truck drivers are required by Federal Regulations to limit the amount of hours during which they can drive in one day. This regulation is enacted to attempt to prevent serious injury and death caused by fatigued truck drivers. This is a major problem in the United States. In spite of the dangers posed by fatigued drivers, the trucking industry has been pushing for relaxed standards. Obviously more hours driven equal more money earned. The Bush administration has been all too eager to appease the trucking industry.

On Tuesday, the Federal Motor Carrier Safety Administration announced its final hours of service rule, and they remain unchanged from the "interim" rule the trucking industry has been working under.

Truck drivers are limited to driving for only 11 hours and working for no more than 14 hours each day. The agency said it consulted with scientific and medical researchers, reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting the final rules. FMCSA Administrator John Hill, claims the final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve.

The rule will become effective Jan. 19, 2009, the day before the Bush administration leaves office. Hill said he was confident the final rule would stand up to a court challenge because the agency had appropriately addressed all concerns raised by the courts.

The consumer protection group Public Citizen has been fighting the rule in court since it was first announced in 2005. In July 2007, a federal court remanded the Hours of Service rules to FMCSA, ruling that the agency must provide better explanations of its justifications for adopting the 11-hour drive time and 34-hour restart provisions of the rule. In December, FMCSA announced that it was keeping the 11-hour and the 34-hour provisions in an Interim Final Rule. In January, a federal appeals court denied Public Citizen's request to invalidate the Interim Final Rule.

Public Citizen President Joan Claybrook issued a statement denouncing the rule, saying, "FMCSA's rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past - rules that the court deemed were inadequate. Under the rule, drivers may continue to log a physically and mentally demanding 77 hours behind the wheel in a seven-day period, take a mere 34 hours off, then hit the road to do it all over. In addition, drivers can be required to work 14 hours a day, which includes loading and unloading cargo. The rule also fails to require electronic on-board recorders that are essential to assure effective enforcement of the rule."

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Posted In: Truck and Tractor Trailer Accidents

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Another prominent psychiatrist has been exposed for taking payments from drug manufacturers. According to the New York Times, Dr. Frederick K. Goodwin who served as the host of public radio’s popular “The Infinite Mind” program earned at least $1.3 million between 2000 and 2007 giving marketing lectures for drug makers.

Dr. Goodwin is the latest in a series of doctors and researchers whose ties to drug makers have been exposed by Senator Charles Grassley a Republican from Iowa. Senator Grassley has been asking some of the nation’s leading researchers and doctors to provide their conflict-of-interest disclosures. He is comparing those documents with records of actual payments from drug companies.

In October of this year, Senator Grassley revealed that Dr. Charles B. Nemeroff of Emory University Medical School here in Artlanta, earned more than $2.8 million in consulting arrangements with drug makers from 2000 to 2007. Dr. Nemeroff failed to report at least $1.2 million of that income to his university and violated federal research rules. After trhese revelations, the National Institutes of Health suspended a $9.3 million research grant to Emory and placed restrictions on other grants. Dr. Nemeroff has resigned his chairmanship of Emory’s department of psychiatry.

According to the article, Dr. Goodwin’s radio programs often concerned subjects important to the commercial interests of the companies for which he consults. In a program broadcast on Sept. 20, 2005, Dr. Goodwin warned that children with who are left untreated could suffer brain damage, a controversial view. “But as we’ll be hearing today,” Dr. Goodwin reassured his audience, “modern treatments — mood stabilizers in particular — have been proven both safe and effective in bipolar children.” That very day, drug manufacturer, GlaxoSmithKline, reportedly paid Dr. Goodwin $2,500 to give a promotional lecture for its mood stabilizer drug, Lamictal, at the Ritz Carlton Golf Resort in Naples, Fla. GlaxoSmithKline, paid Dr. Goodwin more than $329,000 that year for promoting Lamictal, according to records uncovered by Congressional investigators.

The Times reports that Dr. Goodwin said that Bill Lichtenstein, the program’s producer, knew of his consulting activities. But Mr. Lichtenstein said that he was unaware of Dr. Goodwin’s financial ties to drug makers and that Dr. Goodwin had denied earlier this year that he was receiving funds from drug manufacturers.

National Public Radio announced that it will remove Dr. Goodwin’s show from its lineup at the earliest possible date.

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Posted In: Pharmaceutical Manufacturer Liability

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A Cobb County, Georgia policeman who was struck by another officer’s motorcycle has been awarded $750, 000 by a Fulton County Superior Court jury for head injuries that only emerged several months after the motorcycle accident. The winning patrolman was among several motorcycle officers from various agencies who were riding in “tight formation” in August 2005,when a MARTA officer hit him from behind. Apparently the plaintiff almost immediately returned to work following the accident; however, he began to have seizures approximately six months after the accident. A neurologist testified that the seizures had resulted from head injuries suffered in the accident which would require him to take anti-seizure medication. Following the four-day trial, the jury took about two hours before bringing back a verdict in favor of the patrolman.

If you have been injured as a result of a motorcycle accident, the trial lawyers at Finch McCranie, LLP have the experience in these cases to fully protect your rights.

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Posted In: Brain Injury , Motorcycle Accidents

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Window blinds sold under the IKEA and Green Mountain Vista labels were the subject of a recall announced today by The Consumer Product Safety Commission. About 677,300 window blinds and shades sold in the United States were subject to the recall.

The recall was prompted by the death of a 1-year old girl from Greenwich, Conn., who choked to death when in April when she got caught in the inner cord of a set of IKEA Roman blinds which had been placed over her playpen. The agency also received a report of a 2-year-old girl from Bristol, Conn., who nearly died in June on the beaded-chain loop hanging from a set of Green Mountain Vista shades. The girl’s neck was deeply bruised, but she was saved by her older brother.

The recall includes about 670,000 IRIS and ALVINE Roman blinds, manufactured in India and distributed by IKEA Home Furnishings. They were sold at IKEA stores nationwide between July 2005 and June 2008. Another 4.8 million blinds were sold outside the country.
The blinds can be returned to any IKEA store for a full refund.
Also recalled are about 7,300 insulated blackout roller shades and insulated Roman shades manufactured in China by Green Mountain Vista Inc. The shades were sold around the country by Country Curtains, Plow & Hearth, The Linen Source, Sturbridge Yankee Workshop, Ann & Hope, The Sportsman’s Guide, Target.com, The Curtain Shop of Maine, and the Solutions catalog. They were available between June 2005 and September 2008.

Anyone having these blinds should discontinue use immediately and contact the seller or manufacturer.

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Posted In: Products Liability

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Our firm has handled several tragic wrongful death cases involving children who have died in fires caused by defective products such as a space heater or air purifier. Each year, approximately 500 children under age 14 are killed in house fires. Such fires are estimated to have injured many thousands more. What we have seen here in our practice is mirrored by the national experience. Indeed, the most common causes of burn injuries among children emanate from hair curlers, space heaters, ovens, ranges, gasoline, fireworks and other potentially dangerous products. Oftentimes these tragic cases are caused by misuse of the product or allowing a product to be accessed by a child who inadvertently uses it in an improper manner. In other cases, however, as discussed, innocent children can die because of defective products in the home. As an example, if there is an electrical circuit short in a space heater and a fire erupts in a mobile home and a child is asleep at the time, obviously, this can be a deadly combination which can result in terrible tragedy. Regrettably, we have handled cases exactly like this so we are familiar with just how tragic and difficult these cases can be for families who have to suffer through them.

Notwithstanding the availability of smoke alarms in today’s marketplace, regrettably, it is estimated that approximately 25% of homes in America today still do not have working smoke alarms. This can be the difference between life or death if a defective product is in the home. Therefore, we encourage all members of the public to make sure that they have a working smoke alarm in their home. Also, any product that has the potential for shortage that may run all night while family members are sleeping should be carefully maintained and all the instructions for the product should be followed so as to minimize the risk of serious injury or death emanating from a product capable of causing fire to the home.

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Posted In: Products Liability , Wrongful Death

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It was learned last week that Federal safety officials are investigating the Yamaha Rhino, which has been linked to 30 deaths. The Consumer Product Safety Commission (CPSC) decision to investigate the Yamaha Rhino was based on accident and death reports involving the vehicle as well as the high number of product liability suits that have been filed by people who claim they were injured using this product. Unlike another class of off-roaders all terrain vehicles (ATV’s), are subject to safety standards. Unfortunately the Consumer Product Safety Commission has not set safety standards for vehicles like the Rhino, which it classifies as a utility terrain vehicle, or UTV.

Although off-road vehicles are involved in hundreds of accidents every year, critics say the Yamaha Rhino is even more likely to be involved in one particular type of mishap - rollover accidents. Critics allege that the Yamaha Rhino is top heavy and it has tires that are extremely narrow. These design defects make it for more likely that the Yamaha Rhino will tip and rollover while going through a turn even when the vehicle is traveling at a slow speed and is on a flat surface.

Victims of ATV and UTV rollover accidents usually experience severe lower extremity injuries such as broken or crushed legs, ankles or feet. In some cases, victims have been permanently disabled and have had limbs amputated following such accidents.

Hopefully products liability lawsuits that are being filed against Yamaha will lead to them to acknowledge their legal responsibility to injured riders and lead to measures which make the Rhino a safe vehicle. To date, Yamaha has made no design changes to improve the stability or handling of the Yamaha Rhino in spite of the availability of safe and inexpensive alternative designs and feasible modifications.

If you or anyone that you know have been seriously injured on a Yamaha Rhino you should consult one of the product liability lawyers at Finch McCranie, LLP.

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Posted In: ATV All Terrain Vehicle Accidents

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Last month there was a meeting in Atlanta of The Association of Interstate Trucking Lawyers of America and The Georgia Trial Lawyers Association. One of our trucking injury attorneys attended that meeting where there was a presentation on Traumatic Brain Injury. Our law firm has handled many cases involving brain injury that resulted from either a tractor trailer truck accident or automobile accident.

Because many brain injuries occur as a result of tractor-trailer accidents and are frequently overlooked, because lawyers are concentrating on the obvious orthopaedic injuries sustained in those accidents, one of the presentations was devoted to educating attorneys on some of the signs and symptoms of brain injury and concussions. It is important to understand that many symptoms following a concussion are not immediately evident and may take days or weeks to become apparent. Accordingly, many times there is a need to have a comprehensive neuropsychological assessment to assess and document the long term consequences of this invisible injury.

Each year over 5,000 men, women and children are killed on America’s highways as a result of a crash with a big truck? Far too often these truck wrecks were caused by the violation of government safety laws which are designed to regulate tractor trailers and other interstate trucks. These regulations govern truck speed, truck safety devices, proper truck maintainece, truck driver training, the number of hours the truck drivers can remain behind the wheel and proper back ground checks by the trucking company on their drivers both before being hired and thereafter on a periodic basis.

The law firm of Finch McCranie, LLP is well versed in these trucking regulations and has experience in representing the victims of interstate truck accidents.

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Posted In: Brain Injury , Truck and Tractor Trailer Accidents

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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 than 200 reports of skin problems have been reported among patients. A Cephalon spokesman said the company believes some problems stem from improper injections.

If you or someone you care about was seriously injured by a dangerous drug, you should speak with an attorney at Finch McCranie, LLP.

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Posted In: Dangerous Drugs , Products Liability

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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 rate hikes and refuse more claims than ever. Some of America’s most well-known insurance companies—the same ones that spend billions on advertising to earn your trust—have endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.

The report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers. These are some of the tricks described in the report:

Denying Claims
Some of the nation’s biggest insurance companies— Allstate, AIG, and State Farm among others—have denied valid claims in an attempt to boost their bottom lines. These companies have rewarded employees who successfully denied claims, replaced employees who
would not, and when all else failed, engaged in outright fraud to avoid paying claims.

Delaying Until Death
Many insurance companies routinely delay claims, knowing full well that many policyholders will simply give up. Some have gone so far as to lock paperwork away in safes. Undoubtedly, the most shameful use of delay tactics has been by long-term care insurers, who often take advantage of their policyholders’ age and ill health. In the words of one regulator, “the bottom line is
that insurance companies make money when they don’t pay claims…They’ll do anything to avoid paying, because if they wait long enough, they know the policyholders will die.”

Confusing Consumers
Insurance contracts are some of the most dense and incomprehensible contracts a consumer is ever likely to see. More than half of all states have enacted “plain English” laws for consumer contracts, yet many Americans still do not fully understand the risks they are subject to. After Hurricane Katrina, insurance companies used obscure “anti-concurrent” clauses to get out of paying claims. Consumers who purchased hurricane insurance and thought they were covered
suddenly found the coverage eliminated by an obscure clause they could not hope to understand.

Discriminating by Credit Score
Increasingly, insurance companies are using credit reports to dictate the premiums consumers pay, or whether they can even get insurance in the first place. The practice penalizes the poor, senior citizens with little credit, and those who have suffered financial crisis through no fault of their own. Insurance companies have denied fiscally responsible people who paid their bills in cash, but refused renewals because of a lack of credit history. Others have seen auto rate hikes near 600 percent despite clean driving records after falling on economic troubles.

Abandoning the Sick
Health insurers looking to cut costs have taken to canceling retroactively, or rescinding, the policies of people whose conditions have become expensive to treat. Some insurance companies have even offered bonuses to employees who meet “cancellation goals.” Rescission targets patients in the midst of treatment when they are at their most vulnerable—even cancer patients in the midst of chemotherapy have been targeted.

Canceling for a Call
Many people are rightly reluctant to make small claims on their home insurance for fear their insurance company will raise their premiums. But few realize that insurance companies often refuse to renew a policy because the policyholder did as little as inquire about the possibility of making a claim.Many times an insurance company will count an inquiry over the phone as the same as a claim, and then they will do everything in their power to drop the policyholder.

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Posted In: Insurance Company Abuse

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