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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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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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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Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual’s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child’s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child’s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

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Posted In: Automobile Accidents , Brain Injury , Physical and Sexual Assault , Premises Liability , Products Liability , Torts , Wrongful Death

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Our Atlanta lawyers recently completed a case involving a tire failure on a truck.. This past Tuesday, in a case being watched nationwide by product-liability attorneys, the 10th U.S. Circuit Court of Appeals upheld a lower court a ruling that allows a wide-ranging review of Cooper Rubber & Tire Co. records.

The case in which the ruling was issued, involves Cooper made the tires on a Chrysler 15-passenger van, which rolled several times after the left rear tire blew as Utah State University students were headed back to campus from a field trip in northern Utah's Box Elder County. Eight students and an instructor died in the Sept. 26, 2005, crash, and two students survived with severe injuries.

The survivors and the families of all but the instructor and another student are plaintiffs in the federal lawsuit, filed a year after the accident. The families settled their claims last year against DaimlerChrysler Corp., the maker of the van.

The lawsuit alleges that Cooper Tire knew the design and manufacture of its tires were faulty and did not fix the problems. The plaintiffs’ attorneys wanted to see documents pertaining to the design and manufacture of similar Cooper Tires.

A United States Magistrate Judge initially ordered that Cooper Tire afford wide access to company documents requested by lawyers for the victims of the crash and their families. His ruling was later affirmed by the United States District Court. Cooper Tire then appealed the order and argued at a hearing last year before the Denver-based 10th Circuit that it would require the company to divulge trade secrets and other proprietary information.

The appeals court rejected Cooper’s argument that the order was too broad. The lawsuit, brought in U.S. District Court in Utah a year after the accident, had been stalled for 15 months while the 10th Circuit Court of Appeals considered Cooper Tire's appeal.

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Posted In: Civil Procedure , Consumer Protection , Products Liability , Truck and Tractor Trailer Accidents , Wrongful Death

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The Atlanta consumer and product liability lawyers of Finch McCranie LLP have successfully litigated cases against auto manufacturers for serious injury and death caused by defects in their products. Now, as a result of the bankruptcy of GM and Chrysler, many deserving victims of these defective products may be left without recourse.

The bankruptcy proceedings currently underway will leave consumers currently bringing personal-injury and product-liability lawsuits against Chrysler LLC and General Motors unable to continue their actions and receive compensation for their injuries. In effect, the auto manufactures are getting a free pass for years of incompetent management practices and their victims are being left powerless.

Typically, lawsuits are stayed while a company is in bankruptcy. Plaintiffs and other unsecured creditors are among the last to be paid by a bankrupt company, if they are paid at all. Plaintiff’s lawyers in the Chrysler case objected to the sale of the company’s assets because they suspect that there won’t be any money left, even if they were to win their cases.

Consumer advocacy groups, such as the Center for Auto Safety, are appealing a New York bankruptcy court’s May 31 ruling on the sale of Chrysler’s assets to an entity led by Italy’s Fiat SpAsay. The ruling relieves the new company of responsibility for old losses. Plaintiffs and their families, organized by the non-profit Center for Justice and Democracy are concerned that cases against GM may also be thrown out and are seeking congressional action.

These consumer groups are asking that the bankruptcy system provide for these victims or that the Obama administration fashion a victim’s fund such as was done for the survivors of the 9-11 attacks. One group, the Center for Justice and Democracy, has proposed that both automakers purchase a retroactive insurance policy to cover past, present and future injury claims.

One individual who is affected by these cases is Jeremy Warriner, who has sued Chrysler as a result of a 2005 accident in his Jeep Wrangler. Warriner, 34, alleges that a plastic brake-fluid container rupture during the crash was responsible for a fire that resulted in his legs being amputated. Even if he were to successfully prove his claims, he could be left without a remedy. He is only one of many Americans whose taxpayers dollars are being used to save these mismanaged companies and are being left without any remedy for the past misdeeds of the manufacturers.

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Posted In: Consumer Protection , Products Liability

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We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were "approved" by federal agencies for distribution in the United States.

Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year -- the conclusion that BPA, a chemical used in baby bottles and food containers, is safe for infants.

The announcement came just hours after two members of Congress sent a letter to new FDA Commissioner Margaret Hamburg questioning that decision Commissioner Hamburg has pledged to restore confidence in the agency by putting science first in its decision-making process. This is encouraging news as during the past administration many such decisions seemed to be based upon political grounds.

The FDA ruled last year that trace amounts of bisphenol-A, or BPA, that leach out of bottles and food packaging are not dangerous. But the agency's own advisers faulted the report for relying on a small number of industry-sponsored studies. And consumer advocates said it ignored dozens of animal studies suggesting the chemical can interfere with infant hormone levels.

A spokesman for the FDA said the agency's chief scientist, Dr. Jesse Goodman, was recently asked to take a fresh look at this important issue from a scientific and policy position. The FDA pledged to review all the data, listen to people on all sides of this issue, and talk to experts inside and outside of the federal government. It further stated that the review will be completed in a short time frame.

BPA is plastic-hardening chemical used in hundreds of household items, including glasses, CDs and canned food. About 90 percent of Americans have traces of BPA in their bodies, as the chemical leaches out of food containers.

But while the kidneys of older children and adults quickly eliminate the chemical from their bodies, newborns and infants may retain it for much longer.

Consumer advocates want restrictions on BPA because it mimics the effects of the hormone estrogen, potentially interfering with young, growing bodies.

Major U.S. retailers, including Toys 'R' Us Inc. and Wal-Mart Stores Inc.have removed products containing the chemical from their stores. Canada last year banned BPA from all baby bottles and Minnesota last month became the first state to ban baby bottles and sippy cups made with the chemical.

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Posted In: Consumer Protection , Products Liability

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Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.

The recall applies to the Skywalker Holdings 13-foot Square Trampoline and Enclosure Combo. The units have blue spring pads, a black net enclosure, and a jumping mat. “Skywalker Holdings” is printed on a label located under the jumping mat and on the enclosure net.

The straps supporting the top of the trampoline’s enclosure to the poles can fail. The enclosure could drop if these straps break, posing a risk that a user could fall from the trampoline.
To date Skywalker Holdings reports it has received at least 250 reports of straps breaking. No injuries have been reported.

The trampolines were sold at specialty stores and major retailers nationwide and online from January 2007 through February 2009 for between $400 and $600.

The CPSC advises that consumers should immediately stop using the trampolines and contact Skywalker Holdings to obtain a free repair kit. The contact information provided is as follows:

Consumer Contact: Contact Skywalker Holdings toll-free at (866) 603-5867 between 8 a.m. and 5 p.m. MT Monday through Friday, or visit the company’s Web site at www.skywalkertrampolines.com.

Continue reading "Trampolines Recalled" »

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Posted In: Products Liability

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The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson's 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.

According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.

While most had cuts, bruises and scrapes, primarily on the hands or fingers; one child's injury required an amputation. Thirty-two percent had their hands caught in or on the treadmill, in some cases suffering serious friction burns.

Consumer Reports, the non-profit testing organization studied injuries from exercise equipment. The researchers noticed burns were more likely to occur with treadmills than stationary bikes and elliptical trainers. The CPSC figures show treadmills and bikes, along with stair climbers, are the home exercise devices that pose the greatest hazard to youngsters.

The Tyson tragedy does not appear to involve an operating treadmill. It has been reported that the child’s neck became entangled in the machine’s cord leading to strangulation. However there are numerous reports of hanging cords causing serious injury and death to children.

According to safety experts, parents should take these steps to prevent home exercise equipment and cord accidents:

Do not allow children on or near exercise equipment when it's in use.

When not using a machine, unplug it or keep it in a locked room.

Do not put furniture near windows, where children could climb up to get to vertical blind cords.

Mount cords at least 5 feet above the floor if possible, where youngsters can't reach them.

Do not tie loops in a cord, instead use a device to tie it to the sill.

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Posted In: Consumer Protection , Products Liability , Torts

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Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.
The Court of Appeals upheld the major elements of a 2006 ruling that found the nation's top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as "low tar," "light," "ultra light" or "mild," because such cigarettes have been found to be no safer than others because of how people smoke them.

It also requires the companies to publish "corrective statements" on the adverse health effects and addictiveness of smoking and nicotine. The requirements have been stayed or dealyed while the case has been under appeal.

The case has been litigated for almost 10 years. During this time, tobacco companies have denied committing fraud in the past and said changes in how cigarettes are sold now make it impossible for them to act fraudulently in the future.

The suit was filed first in 1999 during the administration of President Clinton. The next administration, headed by Republican George W. Bush, pursued it after receiving early criticism for openly discussing the case's perceived weaknesses and attempting unsuccessfully to settle it.

During a nine-month bench trial, U.S. District Judge Gladys Kessler heard accusations that the companies had an agreement not to compete over whose products were the least hazardous to smokers. This was to ensure they did not have to speak publicly about the harm caused by smoking. Tobacco lawyers denied the contention.

The government filed the civil case under the Racketeer Influenced and Corrupt Organizations Crime Act of 1970 also known as the RICO act. Our Atlanta attorneys have a broad range of experience with the RICO act, both on the criminal and civil side. They have both prosecuted and defended criminal RICO claims brought by the United States government, and prosecuted and defended both state and federal civil RICO claims.

The defendants in the lawsuit were: Philip Morris USA and its parent, Altria Group; R.J. Reynolds Tobacco; Brown & Williamson Tobacco; British American Tobacco; Lorillard Tobacco; Liggett Group; Counsel for Tobacco Research-U.S.A.; and the now-defunct Tobacco Institute.

Liggett was excluded from the ruling because the judge said the company came forward in the 1990s to admit smoking causes disease and is addictive and cooperated with government investigators.

The appeals court ruled that the Counsel for Tobacco Research-U.S.A. and Tobacco Institute be dismissed from the suit. Both are trade organizations for the cigarette manufacturers but did not manufacture or sell tobacco products.

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Posted In: Consumer Protection , Products Liability

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Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.

Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.

If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.

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Posted In: Brain Injury , Construction Accidents , Products Liability , Torts , Workers Compensation , Wrongful Death

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Defective medical devices can lead to the serious injury or death of innocent people. For this reason Georgia injury lawyers representing victims of defective and dangerous products were dismayed when the Supreme Court decision in Riegel v. Medtronic, held that consumers can’t sue medical device companies over medical devices that have been approved by the Food and Drug Administration. Now, victims of these dangerous products who say they were injured by faulty medical devices want Congress to pass legislation called the Medical Device Safety Act, that would override the Supreme Court decision.

Congressional Lawmakers are scheduled to hold a hearing this week on legislation that would nullify a Supreme Court decision that prevents consumers from seeking damages for injuries caused by federally approved medical devices. Support for the Medical Device Safety Act has been fueled by news of the Sprint Fidelis Pacemaker Wire and other faulty medical devices. Although device makers argue that the Bill will have a chilling effect on medical innovation and patient safety, there is no evidence to support such a conclusion. To the contrary, such a bill would enhance patient safety and make manufacturers accountable for faulty medical devices

If you or a loved one have been seriously injured as a result of a faulty medical device, contact the product liability lawyers at Finch McCranie, LLP for a free consultation..

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Posted In: Consumer Protection , Products Liability , Wrongful Death

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As the popularity of ATV’s (all-terrain vehicles) increases the Georgia injury lawyers at Finch McCranie, LLP see more ATV accidents resulting in death and serious injuries each year. Even experienced riders must be very careful when operating an ATV. On April 18th of this year, former Utah Congressman Bill Orton, age 60, died while operating his ATV. According to authorities, he was riding out on the sand and went off a very steep sand dune, and when he impacted the bottom, the front end of the four-wheeler flipped on top of him, fatally injuring him. At the time of his accident, he was wearing a helmet.

According to ATVSafety.gov, a web site maintained by the Consumer Product Safety Commission, there were 268 “reported” ATV deaths in Georgia 1982 and 2007; however, this figure is likely low.

Experience is important when operating an ATV. All new riders should take a training course. These courses are offered nationwide and are usually offered free when purchasing an ATV from a dealer. Although many ATV injuries or deaths result from careless operation of the machine, many result from the negligence of third parties. Some accidents are the result of dangerous products like faulty brakes or steering components. If you or a loved one has been injured on an ATV, take care to preserve the ATV, including all parts, and consult one of the Georgia ATV injury lawyers at Finch McCranie, LLP.

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Posted In: ATV All Terrain Vehicle Accidents , Motorcycle Accidents , Products Liability , Torts , Wrongful Death

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When the Georgia injury lawyers at Finch McCranie, LLP represent an injured employee in a workers compensation case we always look to see if there is a liable third party that can be sued. Under Georgia law, workers compensation benefits are limited and rarely, if ever, fully compensate an injured worker for all of the injuries and damages sustained.

Recently I read about a Chicago area wrongful death case involving a BMW car salesman who was killed in an automobile accident while accompanying a 20 year old potential car buyer on a test drive of a BMW automobile. According to court testimony, the driver was driving at 95 miles per hour when he crashed the car, killing the car salesman. The family of the salesman sued and a Chicago jury returned a verdict of 13.7 million dollars in their favor.

Other potential third party cases might involve defective or dangerous products that a worker might be using that cause serious injury or death. If you or a loved one has been serious injured in an on-the-job injury you should consult with the workers compensation lawyers at Finch McCranie, LLP to protect your rights.

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Posted In: Automobile Accidents , Products Liability , Torts , Truck and Tractor Trailer Accidents , Workers Compensation , Wrongful Death

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The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.

To prevent injuries, the following procedures are recommended when using grinding wheels:

* Check the wheel before each use for any cracks or chips. If any are found, discard
and replace with a new wheel.

* Perform a ring test. Wipe the wheel clean. Hold the wheel through the center hole with one finger. Using the plastic end (not rubber coated) of a screwdriver, tap the wheel on side. If it gives a metallic ring, the wheel is fine. If it is cracked, it will give a dull ring, or no ring at all.

* Always adjust the tool rest to sit no more than one-eighth (1/8) of an inch from the wheel. If it cannot be adjusted to sit at that width, the wheel is probably worn and should be replaced.

* Follow manufacturer’s instructions on replacing a wheel.

* Make sure that the new grinding wheel is rated to operate at the maximum speed of the grinder. Do not surpass the maximum speed.

* When beginning grinding, do not grind on a “cold” wheel. Apply the work gradually to “warm up” the wheel.

* Always wear the proper personal protective equipment: safety glasses/face shield, gloves, aprons.

* Use the guard at all times, no matter how small the job. Never alter or remove the guard.

* Before using a new wheel, turn it on, stand to the side, and watch for any abnormalities. It is recommended that a user allow the grinder to run for a minute before beginning to grind.

If you or a loved one has been seriously injured as a result of a grinding wheel failure, it is critically important to preserve whatever evidence is available. Accordingly, not only should the tool itself be preserved for inspection but also all of the fragments of the grinding wheel should be collected and kept so that they can be analyzed by an expert. As always, the product liability lawyers at Finch McCranie, LLP stand ready to consult with you about dangerous products.

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Posted In: Brain Injury , Construction Accidents , Products Liability , Workers Compensation , Wrongful Death

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Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and inhalation of toxic materials, including dust and silica.

Exploding grinding wheels pose a very serious risk to users. For instance, the United States Department of Labor published “A Partial List of Accidents Involving Grinders” for the period of 1990 through 1997. Out of 27 accidents, 7 of them resulted in death as a result of the victim being struck by pieces of a disintegrating grinding wheel.

In terms of grind wheel safety, there are several things to keep in mind.

* Grinding wheels have a shelf life and you should use grinding wheels within two (2) years of their manufacture date.

* Improper mounting of the wheel to the tool can cause the wheel to break.

* Using a wheel at a speed greater than that for which it was designed can lead to failure.

* Personal Protection Equipment should ALWAYS be used when using a grinder.

It is thought that one reason for the number of grinding wheel failures may be that many of them may now involve imported and inferior wheels. If you or a loved one has been seriously injured as a result of an exploding or disintegrating grinding wheel it is critically important to preserve as much of the evidence as possible, including the tool itself and the wheel fragments. The product liability lawyers at at Finch McCranie, LLP will be happy to consult with you about the case.

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Posted In: Brain Injury , Construction Accidents , Products Liability , Wrongful Death

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The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving dangerous drugs and consumer products. Last week the FDA announced the recall of Hydroxycut. Government officials warned dieter and body builders to immediately stop using Hydroxycut, a supplement which has been linked to serious liver damage and at least one death. According to an FDA official, the agency has received 23 reports of liver problems, including the death of a nineteen year old. It has been reported that other patients experienced symptoms ranging from jaundice, or yellowing of the skin, to liver failure.

If you are someone you know is currently using this product please consult with your physician immediately. If you have used this product and have been diagnosed with having liver damage call the product liability lawyers at Finch McCranie, LLP.

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

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Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.

If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate new cars for safety, they have no such system for child car seats. Making matters more difficult, a child restraint that performs well in one vehicle may perform poorly in another because it doesn't fit snugly in that back seat.

Secretary LaHood’s action comes after the Chicago Tribune revealed that nearly half of all infant restraints failed catastrophically or exceeded injury limits when federal contractors strapped them into the back seats of model-2008 vehicles and crashed those cars and trucks into walls at 35 m.p.h.. NHTSA used those tests to rate the safety of the cars, not the child restraints in them.

At LaHood's insistence, the NHTSA child seat crash-test results -- including reports, video and photos -- are posted online.

European regulators require automakers to include child seats in their crash tests of new cars. The safety rating for those European vehicles is based in part on how they protect children. LaHood held up the European system as a model.

LaHood said he would push for a voluntary system. The secretary said he also ordered NHTSA to institute stringent safety standards for child seats in side-impact crashes, which account for one third of infant highway deaths.

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Posted In: Automobile Accidents , Brain Injury , Products Liability

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We have previously written about dangerous toys containing magnets which can be swallowed by small children. Last week, toy manufacturer Mega Brands America Inc. consented to pay a $1.1 million civil penalty for failing to promptly report promptly dangerous magnetic building sets which it manufactured. The sets have been blamed in the death of a child.

As we reported, tiny magnets can fall out of toys and be swallowed or inhaled by children. If more than one magnet is swallowed, they can attach to each other and cause intestinal perforation, infection or blockage.

In December 2005 Mega Brands, formerly Rose Art Industries Inc., reported the death of a 22-month-old child to the CPSC. He died when he swallowed magnets from a Magnetix set, which attached to each other in his small intestine and created a fatal blockage.

The company failed to report a pattern of incidents involving its imported Magnetix toys as required by law. Instead it blamed the child by alleging rough play for detached magnets that caused the death. According to CPSC, at that time, Rose Art was aware of more than 1,100 reports of magnets falling out of the toys and at least one report of a child injured after ingesting one of the Magnetix magnets.

Magnetix building toys were recalled in March 2006 and this recall was expanded in April 2007. Rose Art was acquired by Mega Bloks Inc. in July 2005. The company, which changed its name to Mega Brands in June 2006, says it was unaware of the defects at the time of the acquisition.

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Posted In: Products Liability

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Many Georgia residents may be driving General Motors cars which have a dangerous propensity to ignite in flames. General Motors and the National Highway Traffic Safety Administration announced yesterday that the possibility of engine fires has prompted General Motors to recall nearly 1.5 million passenger sedans manufactured between 1997 and 2003.
The recall covers certain mid- and full-size passenger sedans under GM's Chevrolet, Buick, Oldsmobile and Pontiac brands.

The problem involves a potential for oil to leak on the exhaust manifold during hard braking. When a car operates under normal conditions, the manifold can get very hot. Oil that runs below the manifold's heat shield can ignite and spread to plastic channels that hold spark plug wires.

The affected vehicles have naturally aspirated 3.8 liter V6 engines. These engines use atmospheric pressure rather than a mechanical blower to bring in air for combustion.
General Motors has proposed a change in the bracket that holds spark plug wires, which will be done free of charge, as a solution to the problem. Owners and dealers affected by the recall will be notified by letter next month with details.

The vehicles involved are:• 1997-2003 Buick Regals.• 1998-2003 Chevrolet Luminas, Monte Carlos and Impalas.• 1998-1999 Oldsmobile Intrigues.• 1997-2003 Pontiac Grand Prix.
If you are driving one of vehicles you should contact a GM dealer for a repair even if you do not receive a notice in the mail.

Continue reading "GM Recalls Dangerous Cars" »

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Posted In: Products Liability

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The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of defective products which have caused serious injury and sometimes death. Recently, there was a recall on a device meant to save lives, a defibrillator. Each year 250,000 to 450,000 Americans suffer a sudden heart stoppage or cardiac arrest due to a rhythm disturbance or silent coronary artery disease, according to the National Heart Lung and Blood Institute. About 95 percent of those people die. A defibrillator delivers a shock which is meant to restore a person’s regular heart rhythm. Zoll Medical Corp has issued an alert because some of its AED Plus external defibrillators, used in public settings such as airports, have defective batteries and software, leading to failures to deliver a shock and two patient deaths. On February 2009, Zoll began asking customers to download new software that will help detect a potential defective battery. In addition to airports, the potentially defective defibrillators may be located in health clubs and schools. If you know of one of these products manufactured by Zoll, you should advise the owner that the manufacturer is asking customers to download free software from its website which will diagnose whether the batteries need replacement.

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Posted In: Consumer Protection , Products Liability , Wrongful Death

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Yamaha Motor Corporation, the manufacturer of Rhino off road vehicles, has recalled the same because of safety issues associated with its Rhino 450, 660 and 700 models. Owners of these Utility Terrain Vehicles (UTVs) are being warned not to use them until certain repairs are made. The repairs that will be made to the vehicles include the installation of a spacebar on the rear wheels as well as the removal of an anti-sway bar which repairs are supposed to reduce the chances of rollovers.

According to a press release issued by the U.S. Consumer Product Safety Commission, there have been over 46 deaths involving Rhino 450 and 660 models. Of the rollover related deaths and injuries, which have been reported to the CPSC, many appear to involve turns at relatively low speeds on level terrain. The repair program being announced by the Yamaha Motor Corporation is designed to reduce the chance of rollover but unfortunately, the number of deaths and injuries associated with the use of this product indicates that it is dangerous because of its overall design.

Critics of the ATV charge that the Rhino is top heavy. It has tires that are narrow. The vehicle offers little or no protection for passenger legs in the event of a rollover. Most of the victims of Rhino rollover accidents that survive experience crushed or broken legs, ankles or feet. In some cases, people have been left permanently disabled or have undergone amputations. When children are involved, deaths appear in greater frequency.

Technically, vehicles like the Rhino are not classified as an All-Terrain Vehicles (ATVs) because of design differences such as having a steering wheel in contrast to an ATV’s handlebars. Nonetheless, despite this design difference, the Rhino functions as an all-terrain vehicle like many other classes of off road vehicles.

Any one operating an ATV or Utility Terrain Vehicle (also known as a UTV) obviously should always wear their helmets and should exercise extreme caution. As stated, there are many cases involving these vehicles at low speed on level terrain, so the danger is paramount, particularly when children are involved. Simply stated, UTVs and ATVs are dangerous vehicles for anyone, particularly the young, and the 46 deaths announced by the Consumer Product Safety Commission should be sufficient warning to the public that these vehicles are not toys but rather are dangerous vehicles that should be respected as such by anyone who decides to use these products for recreational purposes.

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Posted In: ATV All Terrain Vehicle Accidents , Products Liability , Torts

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Our attorneys have seen many cases in which patients are injured, sometimes severely, by healthcare professional in Georgia hospitals committing careless and preventable errors or by medical device defects.

The ECRI Institute recently released its annual list of top hospital medical device hazards for last year. The ECRI Institute, a nonprofit organization, dedicated to bringing the discipline of applied scientific research to discover which medical procedures, devices, drugs, and processes are best, in an effort to improve patient care. It is one of only a handful of organizations designated as both a Collaborating Center of the World Health Organization and an Evidence-Based Practice Center by the U.S. Agency for Healthcare Research and Quality.

Updated annually, the list is based on problems reported to and investigated by ECRI and includes detailed descriptions and information on how to avoid such hazards.

The ECRI Institute’s 2008 list of most dangerous medical device hazards include:

1) Needlesticks and Other Sharps Injuries. Intravenous and other injection devices can cause injuries to physicians, patients, laboratory personnel, pharmacy staff, housekeeping personnel, and waste handlers by an exposed needle or other sharp. Consequences include serious cuts and exposure to blood borne pathogens such as HIV or the hepatitis B or C virus.

2) Air Embolism from Contrast Media Injectors. X-ray imaging of blood vessels where contrast media is injected into the patients vasculature and can create the risk of injecting air, potentially resulting in a fatal embolism.

3) Retained Devices and Un-retrieved Fragments Left in Patients: In these cases an entire device is left behind in surgery or a portion of a device breaks away within the patient. Sometimes, surgical items are intentionally placed in the patient, but can pose the risk of infection or burn hazards when the patient undergoes MRI examination.

4) Surgical Fires: Medical devices or other components can ignite, such as electrosurgical units; electrocautery devices; lasers and related disposable components; oxygen, which can ignite easily and burn intensely; and fuel, such as from fenestration towels and gowns.

5) Anesthesia Hazards due to Inadequate Pre-Use Inspection: These include serious problems such as misconnected breathing circuits, ventilator leaks, and empty gas cylinders.

6) Misleading Displays: Ambiguous or counterintuitive displays can create misinterpretation.

7) CT Radiation Dose: High doses can present an increased risk of cancer, possibly linked to 6,000 additional cancers a year, roughly half being fatal.

8) MR Imaging Burns: Patients become burned from the Magnetic Resonance Imaging technology.

9) Fiberoptic Light-Source Burns: Light sources used in endoscopes, retractors, and headlamps can cause burns to staff and patients from the light itself or from its heated cable connections.

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Posted In: Medical Malpractice , Products Liability

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With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine whether additional safety requirements should be added to the current law. To this end, the House ATV Safety Study Committee was created. The committee organized three public forums in three regions of the state for the purpose of hearing testimony from local law enforcement, medical professionals, ATV enthusiasts, industry representatives and concerned citizens about the issues surrounding safe ATV operation. In December 2005, the committee issued their report. One of the findings of the committee was that almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Notwithstanding all of the “work” that went into studying the problem, as of 2009 Georgia has yet to enact any legislation governing ATV operation in Georgia. Adults and parents of children must act responsibly to insure that ATV’s are not made available to young children and that they are operated safely. Some models of ATV’s have been found to have design defects and to have been manufactured with defective parts rendering them dangerous even if operated properly.

If you or a loved one has been seriously injured on an ATV, call the Georgia injury lawyers and product liability lawyers at Finch McCranie, LLP.

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Posted In: ATV All Terrain Vehicle Accidents , Products Liability , Wrongful Death

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Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.

Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid through the resulting gaps suffering injuries and in some cases death by strangulation.

Recently, the federal Consumer Product Safety Commission stepped up investigations of deadly cribs and is moving toward tougher federal rules.
The safety rules to be adopted by the major manufacturers are voluntary, but the biggest crib retailers require that their suppliers follow them.

The new safety rules would require that all four sides of the crib be rigidly attached to one another. That eliminates the moving parts that have broken loose and created entrapment hazards.

The drop side is especially helpful to shorter people or those with back problems. The proposed standard allows a small portion of the top of a crib railing to fold down, and that accomplishes the same goal while minimizing the chance that one side will separate.

Manufacturers in the past have rejected proposals that restrict their designs, preferring instead to mandate tests to detect hazards. However, many of the more than 3 million cribs recalled in the last two years for problems with drop-side railings passed the tests required under safety standards but still failed in consumers' homes.

A ban on the most common form of drop-side railings would affect all major cribmakers thereby allowing them to stop making the product without losing market share.

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Emergency defibrillators in public gathering places have become common throughout Georgia. Now, about 14,000 external defibrillators are being recalled after 39 reported incidents, including two that involved patient deaths.

The recall was announced Tuesday by manufacturer Welch Allyn. It involves 14,054 AED 10 and MRL JumpStart external defibrillators made between Oct. 3, 2002, and Jan. 25, 2007. The company said there is a chance the AEDs, available through prescription, may produce low-energy shock, shutdown unexpectedly or be susceptible to electromagnetic noise interference.

These problems could prevent defibrillation of a patient in cardiac arrest and could lead to death. There have been reported 20 instances of low-energy shock, eight instances of electromagnetic noise interference, and 11 instances of the device unexpectedly shutting down.

The company denies that the defects of the device contributed to the two deaths.

In October 2007, the company recalled 1,794 AED10 automatic external defibrillators

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Emory University in Atlanta, Georgia has been involved in a controversy concerning undisclosed payments to the head of the psychiatry department by drug companies. The danger that these financial relationships between physicians and drug and medical device manufactures can pose to patients is being brought to light in West Virginia.

Two companies that make medical devices and surgical materials may face sanctions related to medical malpractice lawsuits filed by patients against John Anderson King, an osteopathic surgeon on the staff of Putnam General Hospital in West Virginia between November 2002 and June 2003.

Wright Medical Technology Inc. and EBI Inc., disclosed potential financial penalties in required filings with the U.S. Securities and Exchange Commission. The U.S. Department of Justice has confirmed that it is investigating Wright Medical and several other medical device companies.

Last year, Hospital Corporation of America, which owned the hospital while Dr. King was working there, paid about $100 million to settle 124 medical malpractice lawsuits filed by former patients.

Several of the 124 lawsuits filed in Putnam County named at least one of the two medical device companies that supplied surgical tools that Dr. King used often. Wright Medical Technology Inc. is mentioned in 33 lawsuits. Wright manufactured Allomatrix, a bone-fusion material that failed to work properly during two experimental studies performed on rats and rabbits. A third study, using primates showed questionable results.

EBI Inc., a subsidiary of Biomet Inc. is mentioned in 38 lawsuits involving spine-stimulating devices Dr. King used during surgeries. EBI is alleged to have paid Dr. King a bonus each time he inserted one of its spacers into a patient's spine. The spacers have never been successfully used in animals or humans to replace diseased or damaged vertebral disks, according to a federal whistleblower complaint filed against Dr. King.

The complaint alleges that Payments and kickbacks to doctors such as Dr. King were disguised as consulting agreements. The kickbacks have taken the form of cash payments, travel benefits, entertainment and other benefits.

Patients have said Dr. King never informed them he was implanting experimental devices inside their bodies.

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

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Many Bowflex exercise machines are found in homes and gyms throughout Georgia. Now, Nautilus Inc, the manufacturer is recalling 78,000 of its Bowflex Ultimate 2 Home Gyms.

There are reports that the seat rails can unlatch causing potentially serious injury. At least 18 people have been injured so far, with some customers suffering cuts to their heads and shoulders; some requiring stitches.

The U.S. Consumer Product Safety Commission said the gym’s horizontal seat rail, if not manually latched for storage, can fall on a user or bystander, causing the injuries.

The Bowflex gyms were manufactured in China and from June 2005 through January for about $2,300. The name “Bowflex Ultimate 2" is painted on the vertical part of the frame.

The Consumers Product Safety Commission states that consumers may continue to use their home gyms for exercising, but should not place the seat rail in the vertical (storage) position until a repair is performed. Registered owners are being sent a free repair kit. Owners who have not received a repair kit by March 10, 2009 should contact the firm.

This is the second Bowflex recall in the past two-and-half years.

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Posted In: Products Liability

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Georgia injury lawyers have seen products liability cases involving food poisoning for years; however, none like the one involving Peanut Corp. Of America (PCA). It appears that the problems of PCA extend well beyond their Georgia processing facility. Federal officials said Tuesday that tests have confirmed that peanut butter made from peanuts processed at a Texas plant contains the same strain of salmonella blamed for the poisoning hundreds in a national outbreak. Both the Texas plant and the Georgia plant were operated by PCA, which filed for bankruptcy amid fallout from the outbreak that had sickened more than 600 and may have contributed to nine deaths. Reports show that, federal inspectors are now taking a closer look at PCA’s plant in Virginia. There is also a criminal investigation underway by federal authorities to determine whether PCA knowingly shipped tainted food.

If it can be proven that the company knowingly shipped tainted product, then victims may not only be able to seek compensatory damages for injuries and wrongful death but may also be entitled to an award of punitive damages. If you or a loved one has been injured as a result of consuming adulterated or contaminated peanut butter products, call the experienced Georgia products liability lawyers at Finch McCranie, LLP at (800) 228-9159.

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Stryker, a leading maker of medical devices is reportedly the subject of a Justice Department investigation into Stryker’s marketing of human bone growth products. The investigation has already resulted in guilty pleas by former company sales representatives. Two former sales representatives pleaded guilty to charges that they had promoted off-label use of the products even though they knew that such use had earlier caused problems in some patients.

The investigation is reported to involve several issues. These include whether Stryker abused a federal exemption that authorized it to sell only limited quantities of its bone growth products for “humanitarian” reasons. The products are used by surgeons to aid the growth of bones that fail to heal properly.

One Stryker product, called OP-1, is a protein that promotes bone growth. The other product called OP-1 putty, is a moldable compound that includes the protein. Neither has been formally approved by the Food and Drug Administration for widespread medical use. In 2001, the F.D.A. approved limited use of OP-1 in patients whose broken shin or thigh bones had failed to heal properly. In 2004, the F.D.A. allowed limited use of OP-1 putty in patients who had failed spinal fusion procedures.

The F.D.A. has the power to grant a “humanitarian” exemption” when it believes that a small group of patient may benefit from a treatment, even though the effectiveness has not been fully proved. Under this exemption, a device can be used in up to 4,000 patients a year.

The Justice Department investigation is reported to be seeking to determine whether Stryker knew the products were being promoted for unauthorized, or off-label, use.

Stryker is already operating under federal oversight as a result of an earlier Justice Department investigation of kickbacks paid by makers of artificial hips and knees to doctors.

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Posted In: Products Liability

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It was announced last week that The Peanut Corporation of America has decided to file for bankruptcy. Under bankruptcy law, one may not sue a company that has filed for bankruptcy protection. Accordingly, with respect to the wrongful death actions and serious injury claims that are likely to be brought as a result of the widely reported salmonella contamination at the Company’s Blakely, Georgia plant, the corporation has cleverly maneuvered into bankruptcy court to prevent the filing of these lawsuits. This will buy the corporation some time. Additionally, and more troubling from a victim’s standpoint, is a separate lawsuit filed by the liability insurance company for The Peanut Corporation of America (The Hartford Casualty Company) in which the insurance company is seeking to be relieved of any obligation to provide coverage for the acts and omissions at issue allegedly because the insured company committed criminal acts thereby allegedly voiding the insurance coverage which provided protection for negligent acts.

The described legal maneuvering should be very concerning for all victims and their families. On the one hand we have an insurance company (The Hartford) that is seeking to be relieved of any obligation to provide coverage for the acts and omissions of The Peanut Corporation of America. On the other hand, The Peanut Corporation of America has filed bankruptcy seeking to prevent individuals with valid claims from filing lawsuits against it. What this means is that the individual is going to have to file claims in bankruptcy Court as “unsecured creditors” with no judgments and that they may be in a long line of creditors with no ability to collect for their damages. Obviously, this makes the insurance company’s Petition for Declaratory Judgment even more important from the victims’ standpoint.

It is not yet clear whether the insurance company for The Peanut Company of America will be successful in its attempts to have a court declare that it has no obligation to provide coverage for the Salmonella contamination. The argument is that the client was insured for negligent acts, not for criminal acts, and since the client allegedly sent out contaminated peanuts with full knowledge of the contamination that this criminal act voided the coverage. Obviously, this will depend upon an analysis of the language in the policy and the facts involved. Nonetheless, both the bankruptcy filing and the separate Declaratory Judgment action filed by the insurance company are two troubling developments for innocent victims of the salmonella outbreak. The legal maneuvering by both the Corporation and its insurance company is just that. Legal maneuvering designed to protect their legal interests, not the rights of innocent victims. All such victims should associate legal council to protect their interests as neither the Corporation or its insurer will act to do so.

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Posted In: Products Liability

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Many Georgia consumers have been impacted by a recent Supreme Court ruling granting immunity from lawsuits to medical device makers for products approved by the Food and Drug Administration (FDA). Our Atlanta Georgia lawyers have previously written about this decision.

Since that ruling judges in Georgia and across the United States have used it as a basis to dismiss cases against a wide range of manufacturers, including Medtronic. The most recent dismissal was this past Tuesday, by the Wisconsin Supreme Court.

The New York Times reports that on the same day last month that a federal judge in Minnesota dismissed hundreds of lawsuits against the maker of a faulty heart device, a man entered a nearby hospital to have one of the flawed products surgically removed. The risky surgeryhad a tragic result. As doctors removed the device, a vessel was punctured, causing extensive bleeding. The 33-year-old patient died two days later, leaving behind a wife and two young sons.

His widow and children are left without a remedy due to the Supreme Court decision. This is especially appalling in light of the fact that numerous reports show the FDA has not been adequately testing these products before granting approval.

But now, some members of Congress want to give potential plaintiffs a chance for legal recourse. Two House Democrats, Henry A. Waxman of California, the chairman of the House Energy and Commerce Committee, and Frank Pallone Jr. of New Jersey, the head of its health subcommittee, plan to reintroduce soon legislation that would effectively nullify the Supreme Court decision. A similar Senate bill is expected to be reintroduced.

Not surprisingly, medical device manufactures and some conservative legal groups have begun to gear up campaigns to oppose the legislation.

This situation was perhaps best summed up by David C. Vladeck, a professor at Georgetown University Law Center. He was quoted as follows: “The F.D.A. has shown itself incapable of keeping dangerous products off the market, and now the Supreme Court has said patients can’t sue companies for redress.”

Continue reading "Georgia Victims Denied Legal Remedies" »

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The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving many different defective and dangerous products, including a defective and dangerous deer stand. When these products fail, catastrophic injury or death often results. This week I read about a recent case in which a jury returned a $157M (million) dollar verdict in a wrongful death case against three companies, L & L Enterprises in Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Florida, and TSR Inc. in Pace, Florida, who were involved in the manufacture and sales of a deer stand.

If you or a loved one have been seriously injured as a result of a defective product, the trial lawyers at Finch McCranie, LLP stand ready to represent your interest and seek justice for you. Call us at (800) 228-9159 for a free consultation.

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Posted In: Products Liability , Wrongful Death

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Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in order. When used appropriately and with proper safety precautions, ATVs can be an enjoyable form of recreation. However, when used inappropriately, these vehicles pose a great risk for catastrophic injury, including TBI (Traumatic Brain Injury). Consumer critics argue more limitations must be placed on ATV use. Backing then are some staggering numbers. For instance, children under the age of 16 account for two-thirds (2/3) of ATV-related deaths and injuries. Some states have passed regulations prohibiting young children from riding and requiring riders to wear helmets. One state (North Carolina) now requires safety training for all ATV riders. Unfortunately Georgia has no age restrictions and no helmet law. Regardless of what the lawmakers say, parents must insure their children are safely using ATVs, in order to avoid serious injuries or death. In our recent case, neither the driver of the ATV or the passenger were being properly supervised by adults. As a result of negligent supervision, she died. If you or a loved one have been injured on an ATV either as a result of a product defect of the ATV or because of the negligence of someone operating one, call the experienced lawyers at Finch McCranie, LLP at (800) 228-9159.

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Posted In: ATV All Terrain Vehicle Accidents , Brain Injury , Products Liability , Wrongful Death

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The more one reads about the problems with the products distributed by the Peanut Corporation of America, the more one realizes that there were serious management problems with that Company’s plant in Blakely, Georgia. According to published reports, when federal and state inspectors went to the plant, they found evidence of mold, leaking roofs and other unsanitary conditions. According to an FDA report, not only was there mildew on the ceiling roof of the storage room, there was also evidence of infestation by cockroaches and rodents. Subsequently, it was determined that the Company through its internal testing had, in fact, detected the presence of Salmonella in several of its product lines. These contaminated products were, nonetheless, shipped out into interstate commerce. On January 30 of this year, the Department of Justice launched a criminal investigation to get more answers about the Salmonella outbreak. Even thought the Peanut Corporation of America has now recalled all of the possible contaminated products associated with its Blakely facility, there have already been more than 8 deaths and 600 illnesses reported in 43 states arising from this scandal.

On January 27, 2009, the FDA completed its inspection of the Blakely, Georgia plant. The FDA reported that the records from the Georgia facility showed that there were 12 incidents in 2007 and 2008 where the Company had identified some type of Salmonella during its own testing procedures and yet still allowed its peanut products to be shipped out for sale. Given the FDA’s own inspection which documented numerous unsanitary conditions, and because of these internal test results, it is clear that there was a major problem with management at this facility. Obviously, this is why the government has launched a criminal investigation. Obviously, there has been an apparent lack of concern for public safety given the manner and method in which this operation was conducted.

According to the media, when the FDA initially inspected the Blakely, Georgia plant, plant officials were asked if there had been any reports of Salmonella at the facility. Repeatedly the government was told there had been none. This is extremely troubling which might be a partial basis of the criminal investigation. (It is a federal crime to make false statements to federal investigators and from media reports it appears that such a crime may have occurred.) Of course, all the facts are not in yet and no indictment has yet been returned against anyone. Nonetheless, the public reports concerning the Peanut Corporation of America’s Blakely, Georgia facility are troubling to say the least.

As of February of this year, over 1,500 peanut products have now been recalled because of the nationwide Salmonella outbreak associated with this facility. Until further testing is done by the Centers for Disease Control, it is not yet clear just how many of these 1,500 products were contaminated. What is clear is that there was a major problem with Quality Assurance at this facility which apparently has lead to many deaths and hundreds of illnesses across the country. Thus, not only is a criminal investigation fully warranted by these facts, it is likely that there will be considerable litigation against the Peanut Corporation of America by the innocent victims of these unsafe products.

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Posted In: Products Liability , Wrongful Death

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Since our Atlanta, Georgia personal injury lawyers represent the most seriously injured survivor of the Bluffton University bus accident in March 2007, we have written previously why it is an outrage that seat belts are not required on buses in the United States.

Many of the serious injuries and deaths in the Bluffton rollover crash occurred because the bus had no seat belts--and thus passengers were ejected onto the roadway.

Tonight we were saddened to learn that this preventable tragedy has been repeated--once again. A bus travelling near Hoover Dam in Arizona rolled over, passengers apparently ejected onto the roadway, and seven passengers died.

News reports indicate that the bus was heading north on Highway 93 (a four-lane highway), veered right, and then overcorrected. The bus then apparently crossed the median and rolled over at least once.

The victims were Chinese citizens who had traveled from San Francisco to Las Vegas. When the crash occurred, they were returning from a trip to the Grand Canyon.

It is a "no brainer" that seat belts save lives. Most Americans are amazed that buses and motorcoaches are not required to have seat belts for passengers to use. When a bus wrecks, passengers can often be thrown around inside the bus and even ejected, and death or serious personal injury is a near certainty.

We hope the new administration in Washington puts a stop to this recurring tragedy by mandating that buses have seat belts. Ohterwise, the senseless deaths and horrific injuries will continue.

Continue reading "Bus Accident Near Hoover Dam Kills Seven--And Follows Atlanta, Georgia Bluffton University Crash As Another Example of Why Seat Belts on Motorcoaches Can Prevent Deaths and Serious Personal Injuries" »

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Posted In: Bus Accidents , Products Liability , Wrongful Death

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Our Georgia injury lawyers know that food poisoning cases can result in serious injury, and sometimes death. Just this week, federal officials announced that two Georgia citizens have been poisoned by salmonella found in peanut products and they warned consumers of dangers associated with more than 125 products recalled as part of a nationwide salmonella-and-peanuts Investigation. The Food and Drug Administration said products affected by the recall range from ice cream to pet foods. A list of recalled peanut products is available on the FDA website. The FDA’s investigation has revealed the common denominator among the cases is that all the products contained peanut paste or peanut butter made at a plant in Blakely, Georgia. At least 486 people in more than 40 states have gotten sick since the outbreak began in the fall. Six people have died.

If you or a loved one have been poisoned as a result of adulterated food products, call the product liability attorneys at Finch McCranie, LLP for a consultation.

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The Atlanta based lawyers with Finch McCranie LLP frequently receive calls about children injured by products specifically designed for their use. Last Thursday, the U.S. Consumer Product Safety Commission, CPSC, recalled 200,000 potentially deadly Fisher-Price's Rainforest play yards.

Approximately 1,350 people had complained to the CPSC that one or both sides of the Rainforest play yard had collapsed. There were numerous reported injuries that included a broken nose, a mild concussion and a broken wrist. The play yards are often used as portable cribs and have a bassinet attachment. When the rails collapse, babies can fall out, get trapped or gain access to unsafe areas.

The play yards were made by Simplicity Inc., under a licensing agreement with Fisher Price and were sold in the Atlanta area and elsewhere. Simplicity, which is now out of business, made its own branded play yards, some of which are still on the market. The CPSC is investigating whether those shared the same dangerous design.

There are reports that the CPSC knew rails on the Rainforest play yards were collapsing early last year, but officials decided not to issue the recall. The CPSC apparently reconsidered when it was flooded with complaints late last year.

At least 18 children have died in other brands of play yards when the railings collapsed into a V-shape that strangled or trapped them.

Fisher-Price agreed to send consumers a $100 refund after they send the company the fabric sides to prevent further use.

Continue reading "Atlanta Consumers Affected By Recall of Play Yards" »

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The current salmonella outbreak has a Georgia connection. The Food and Drug Administration announced yesterday that peanut butter and peanut paste made from ground roasted peanuts, manufactured in Peanut Corp.'s Blakely, Georgia, plant were found to contain the bacteria.
The FDA is advising consumers to not eat foods that contain peanut butter until they can be they are sure they do not contain salmonella contaminated products manufactured by the Peanut Corp. of America.

To date six deaths may have been connected to this salmonella outbreak, and over 500 people have been reported ill from salmonella.

The FDA does not have the authority to order a recall of products. It has to rely on companies doing so voluntarily. Congress would have to pass a law to give the FDA such power.
On Friday, Peanut Corp. announced an expanded recall of peanut butter and peanut paste produced from its Georgia plant. Peanut Corp. doesn't directly supply to supermarkets, so brand-name peanut butters are not expected to be affected. Instead, Peanut Corp. sells produce in bulk. The peanut paste is used in the manufacturing of cakes, candies, crackers, cookies and ice cream.

A list of recalled products can be found at the FDA website at:
http://www.fda.gov/oc/opacom/hottopics/salmonellatyph.html#recalls

The FDA is urging companies that make these foods to check whether they use peanut butter or paste produced by the company. The recalled peanut butter was manufactured on or after August 8, 2008 and the peanut paste was produced on or after September 26, 2008.

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The Governor of Georgia has proposed legislation endorsing a system that the Government Accountability Office (GAO) castigated in a report issued yesterday. The GAO concluded that almost twenty years after Congress directed that all high-tech medical devices be subjected to a thorough review by the Food and Drug Administration (FDA), before being placed on the market, the FDA still approves most such devices after minimal testing.

This report is especially timely since the Bush administration has long argued that FDA testing and approval shields the drug and medical device manufacturers from civil liability. The Governor of Georgia has just proposed legislation which would give similar protections to these drug and device makers under Georgia law.

The GAO report shows that the system is “fixed” to provide manufacturers speedy approval so that dangerous medical devices can be placed on the market with no recourse for innocent persons maimed or killed by the products.

In the report, the GAO recommended that the FDA. fulfill promises it made 14 years ago to fix its system for approving complex medical devices. The report was mandated by Congress in legislation passed in 2007 to reform the FD.A..

It also comes at a time when scientific reviewers within the FDA have disclosed that most medical devices are given quick approvals with minimal testing because manufacturers tell the FDA. that the products operate just like older, already-approved devices. These scientists have written letters to both Congress and President-elect Barack Obama seeking significant changes at the FDA. Investigations into their claims are ongoing both at the FDA and in Congress.

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

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The Consumer Product Safety Commission announced that about 535,000 Stork Craft Baby Cribs have been recalled. These cribs pose an entrapment and suffocation risk. The CPSC has instructed customers to stop using the products immediately.

The cribs were made by Stork Craft Manufacturing Inc. and were manufactured and sold between May 2000 and November 2008. They came in a variety of styles and finishes.
The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails.

The CPSC has received 10 reports in which one or more of the supports broke. In one of those reports, a toddler received bruises on his forehead, and in another a child became stuck in the gap.

The Stork Craft cribs were sold between May 2000 and January 2009 at major retailers, including those in Georgia and Atlanta, such as J.C. Penney, Kmart and Walmart, and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com, the CPSC said. Each one retailed for between $100 and $400.

Stork Craft Manufacturing's name, address, and contact information, along with the manufacturing information, are located on the assembly instruction sheet, which is attached to the mattress support board. Each crib was built in Canada, China or Indonesia between May 2000 and November 2008. Some models are also inscribed with the company's logo and the words "storkcraft baby" on the drop side teething rail, according to the recall notice.

Anyone having one of these cribs should stop using it immediately.

Continue reading "Dangerous Cribs Sold in Georgia Recalled" »

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Our Atlanta lawyers have had experience in bringing actions based upon foodborne illnesses such a salmonella. The salmonella outbreak across the nation has been potentially traced to peanut butter. A recall has been issued for peanut butter distributed by King Nut Companies of Solon, Ohio. The peanut butter was supplied only through food service providers and was not sold directly to consumers. King Nut has challenged the recall contending it could not be the source of the nationwide outbreak since it distributes to only seven states.

Three deaths have been attributed the outbreak. These occurred in Virginia and Minnesota. Two adults in Virginia had salmonella when they died, though it has not been established that the salmonella is what killed them. Minnesota health officials reported that an elderly woman had salmonella poisoning at the time of her death.

Health officials are urging nursing homes, hospitals, schools, universities and restaurants to toss out specific containers of peanut butter linked to a salmonella outbreak in 43 states and possibly to the deaths of three people.

Minnesota health officials announced Monday they had found a match between samples from a King Nut container and the strains of salmonella bacteria making people sick across the country. The outbreak has sickened more than 400 people including Georgia residents.

Minnesota officials said last week they had found salmonella bacteria in a 5-pound package of King Nut peanut butter at a nursing facility. Officials tested the bacteria over the weekend and found a genetic match with the bacterial strain that has led to 30 illnesses in Minnesota and others across the country.

King Nut Companies on Sunday asked its customers to stop using peanut butter under its King Nut and Parnell's Pride brands with a lot code that begins with the numeral "8."
The peanut butter King Nut distributed was manufactured by Peanut Corporation of America, a Virginia company.

The CDC on Monday raised the number of confirmed cases to 410, from 399 as of Friday, and Mississippi became the 43rd state to report a case. All the illnesses began between Sept. 15 and Jan. 7, but most of the people became sick after Oct. 1.

The recent outbreak is occurring almost two years after ConAgra recalled its Peter Pan brand peanut butter, which was eventually linked to at least 625 salmonella cases in 47 states.

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Our lawyers receive numerous calls concernig foodborne illnesses, particularly those contracted in restuarants. Now, Georgia is among the 42 states that have been struck with a salmonella outbreak, with five people taken ill and one requiring hospitalization, according to officials from the state Division of Public Health.

The ages of the Georgians that have become ill range from 7 to 73, and the cases occurred in five different counties. The cases appeared from late October to early December of last year.
A salmonella outbreak has been reported in Georgia. State officials say the cause of the outbreak remains unknown but they are working with the federal Centers for Disease Control and Prevention to identify it. A total of about a dozen people have been hospitalized and about 400 have been sickened by the salmonella outbreak over 42 states. The CDC is leading the investigation but has yet to release a full list of states.

Salmonella is a gram-negative, rod-shaped bacilli that can cause diarrheal illness in humans. They are microscopic living creatures that pass from the feces of people or animals to other people or other animals. Strains that cause no symptoms in animals can make people sick, and vice versa. In food, salmonella does not usually affect the taste, smell, or appearance of the food. The bacteria live in the intestinal tracts of infected animals and humans.

According to the Centers for Disease Control and Prevention (CDC), salmonella sickness causes an estimated 1.4 million cases of foodborne illness and more than 500 deaths annually in the United States. Most people infected by salmonella experience diarrhea, abdominal cramps, and fever within 8 to 72 hours after the contaminated food was eaten. Additional symptoms may be chills, headache, nausea, and vomiting. Symptoms usually disappear within 4 to 7 days.

Ohio health officials have reported at least 50 people in 18 counties have been sickened by salmonella bacteria since October. Other states with cases include Minnesota and California.

Any raw food of animal origin, such as meat, poultry, milk and dairy products, eggs, seafood, and some fruits and vegetables may carry salmonella bacteria. The bacteria can survive to cause illness if meat, poultry, and egg products are not cooked to a safe minimum internal temperature as measured with a food thermometer and fruits and vegetables are not thoroughly washed. The bacteria can also contaminate other foods that come in contact with raw meat and poultry.

Safe food handling practices are necessary to prevent bacteria on raw food from causing illness. Officials say steps to protect against the illness include careful handling and preparation of raw meat, and frequent hand washing.

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Dangerous and defective medical devices pose a real and present danger to patients everyday in the Atlanta area and across the Unites States. In many cases the results are debilitating injuries or death. Recently, the United States Supreme Court, at the urging of the Bush administration, provided cover to the companies that manufacture such devices.

The St. Petersburg Times newspaper has printed an editorial in which it exposes the hypocrisy of the current administration in granting federal approval to such devices thereby preempting consumer action.

The newspaper describes it as “an old story.” A federal agency within the Bush administration is embroiled in controversy over the manipulation of science. A group of scientists and physicians within the Food and Drug Administration (FDA) has written Congress accusing top FDA officials of misconduct in the approval of medical devices. The scientists warn that unsafe or ineffective devices that were improperly approved may be threatening public safety, and the full extent of the danger may not be known for years.

In the letter to Michigan Democratic Rep. John Dingell, chairman of the House Committee on Energy and Commerce, professionals from the FDA Center for Devices and Radiological Health said that senior managers at the "ordered, intimidated and coerced FDA experts" into altering their scientific evaluations and conclusions regarding medical devices. The scientists say some within their ranks were told to use unsound evaluation methods and to make safety and effectiveness determinations that violated standards.

The scientists and physicians accuse senior administrators of overriding the judgment of trained experts to benefit manufacturers regardless of the implications for public health.

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Portable fans have been overheating and causing fires. Now, a company which manufactures these dangerous products will pay a $500,000 fine for not quickly reporting these problems.

Lasko Products received 42 related complaints involving nine injuries and property damage from 2002 through 2005 as a result of malfunctions in portable fans it manufactures.

Federal law requires that companies such as Lasko report potential hazards to the U.S. Consumer Product Safety Commission within 24 hours. The company did not fully report the problems until September of 2005.

Lasko sold the box and floor fans from 2000 to 2004 under the brand names Lasko, General Galaxy and Air King. They were sold for about $10 to $25 at discount stores. In 2006, 5.6 million of the fans were recalled because an electrical failure in the motor could cause them to ignite.

At the time of the recall, the U.S. Consumer Product Safety Commission said the injuries included burns and smoke inhalation and that at least eight of the reported fires caused extensive property damage.

Our product liability lawyers have handled numerous cases through the years involving serious injury and death by fires caused by malfunctioning appliances such as fans and dehuminifiers. All consumers should be aware of these potential dangers and ensure that such products have not been the subject of a recall.

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Van accidents continue to be a major cause of death and injury on the nation’s roadways. Our Atlanta injury lawyers are keenly aware of these dangers. Fifteen-passenger vans typically have seating positions for a driver and 14 passengers. They are widely used by community organizations to take members on short trips and outings. Colleges use them to drive sports teams to intercollegiate games and vanpools use them for commuters.

Recent research conducted by the National Highway Traffic Safety Administration (NHTSA) has found that the risk of a rollover crash is greatly increased when 10 or more people ride in a 15-passenger van. This occurs because the passenger weight raises the vehicle’s center of gravity and causes it to shift rearward. The van then has less resistance to rollover and is more difficult to control in an emergency situation. Placing any load on the roof also raises the center of gravity and increases the chance of a rollover.

A rollover crash is a complex event. In studies of single-vehicle crashes, NHTSA discovered that more than 90 percent of rollovers occur after a driver has lost control of the vehicle and has run off the road. NHTSA identified three major situations which led to rollover accidents in 15-passenger vans.

1. The van goes off a rural road. In this case, the van is likely to overturn when it strikes a ditch or embankment or travels onto soft soil.

2. The driver is fatigued or driving too fast for conditions. A tired driver is more likely to fall asleep at the wheel and lose control. High speeds can cause the van to slide sideways off the road causing the tires to dig into dirt.

3. The driver overcorrects the steering as a panic reaction to an emergency or to a wheel dropping off the pavement.

In the last ten years over 80 percent of people killed in rollover crashes in 15-passenger vans were unbelted.Seat belt use is especially critical because large numbers of people die in rollover crashes when they are partially or completely thrown from the vehicle. The risk of death or serious injury can be greatly reduced in a rollover crash by the use of seat belts.

Since most rollover crashes involve single vehicles they are often preventable.
NHTSA offers the following tips for drivers to minimize the risk of a rollover crash and serious injury or death:

1. Avoid conditions that lead to a loss of control. Never drive while under the influence of alcohol or other drugs. Make sure you are well rested and attentive, and always slow down if the roads are wet or icy.

2. Drive cautiously on rural roads. Be particularly cautious on curved rural roads and maintain a safe speed to avoid running off the road.

3.Know what to do if your wheels drop off the roadway. If your wheels drop off the roadway, or pavement, gradually reduce speed and steer back onto the roadway when it is safe to do so.

4. Properly maintain your tires. Make sure your tires are properly inflated and the tread is not worn down. Worn tires can cause your van to slide sideways on wet or slippery pavement. Improper inflation can cause handling problems and can lead to catastrophic tire failures, such as blowouts. Therefore, check tire pressure and treadwear once a month.

5. When a 15-passenger van is not full, passengers should sit in seats that are in front of the rear axle.

6. More than 15 people should never be allowed to ride in a 15-passenger van.

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A New Jersey jury recently awarded nearly $13 million to three acne drug users who developed severe inflammatory bowel disease after taking the medication. The drug, Accutane, is manufactured by Hoffman-La Roche.

The three plaintiffs are Florida residents who used the drug to treat adolescent acne. All three developed bowel disorders including ulcerative colitis and Crohn’s Disease. The jury found that the drug manufacturer should have issued better warnings that the drug could cause bowel problems and that their failure to do so resulted in the plaintiffs' injuries.

If you are someone you care about was seriously injured by a dangerous prescription drug, you should speak with a litigation attorney at Finch McCranie, LLP. We have won justice for Georgians since 1965 and recovered millions of dollars to help sick and injured people seek justice. For a free consultation, call us at 1-800-228-9159.

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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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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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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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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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Georgia injury lawyers will closely watch an upcoming U.S. Supreme case having to do with dangerous drugs and the doctrine of pre-emption. The Supreme Court is scheduled to hear arguments today in a case that has major implications for consumers who have been harmed by prescription medications. Drugmaker Wyeth Pharmaceuticals and the Bush administration are challenging a $6.7 million verdict to a Vermont musician whose arm was amputated after medical staff improperly administered the Wyeth-produced drug Phenergan. Wyeth and the administration argue people who are harmed by drugs approved by the Food and Drug Administration should not be able to pursue damages under state laws. At issue is whether the federal government can limit lawsuits by consumers who have been harmed by prescription medications. In the case before the Supreme Court a Vermont jury awarded the plaintiff $6.7 million, agreeing that Wyeth should have been clearer in its warning label about the risks of improperly administering the drug. Wyeth and the administration, however, are asking the court to rule that drug makers may not make changes to labels without the approval of the Food and Drug Administration and that people cannot sue under state law for harm caused by an FDA-approved drug. In other words, if the FDA has approved the labeling, the drug manufacturer is immune from suit. In recent years, the Bush administration and business groups have aggressively pushed limits on lawsuits through the doctrine of pre-emption - asserting the primacy of federal regulation over rules that many times differ from state to state and which often provide greater consumer protection than what is afforded them under federal law, in federal courts.

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Our serious injury lawyers have investigated cases involving off-road recreational vehicles. Now, the U.S. Consumer Product Safety Commission, CPSC, is probing the design of these so-called recreational off- highway vehicles after reports of fatal accidents involving new products which are currently unregulated.
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The investigation involves several brands and more than 30 daeths. The Wall Street Journal has reported that the Yamaha Motor Rhino was a focus of the inquiry, with at least 30 deaths.

The investigation has brought attention to gaps in oversight of the vehicles, which have been produced for about five years. They are mainly used by off-road enthusiasts and hunters. They are larger than all-terrain vehicles and have two side-by-side seats, a steering wheel and protective roll cage.

Features such as the protective cage place the vehicles outside current rules for conventional ATVs.

Models similar to the Rhino include Polaris's Razor, Honda Motor Co.'s Big Red, and Arctic Cat Inc.'s Prowler.
The Recreational Off-Highway Vehicle Association, an Irvine, California-based trade group backed by Yamaha, Honda, Polaris, Kawasaki and Arctic Cat, has announced it is developing proposed safety standards that could be ready by early 2009.

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As Georgia injury lawyers who have handled many automobile and truck accident cases, we sometimes see defective products that lead to injury and death in collisions. One such defect involves airbags. Although airbag failures are not common, there are many reasons for there failure. Many fail because of design defects or defects in components.

Just last month, Nissan Motor Co Ltd announced plans to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger side airbag could fail to deploy properly in an accident.

The voluntary recall covers 2007 and 2008 Nissan Altima, Altima Coupe, 350Z, Murano and Rogue; and Infinity G35 Sedan, G37 Coupe and EX35 built from March 12, 2007 to May 27, 2008, according to a notice the company provided to the U. S. Highway Traffic Safety Administration.

Nissan said it began to investigate the issue in November 2007 after receiving several warranty reports of airbag warning lamps flashing. In late September, Nissan determined that a safety-related defect existed and it should conduct a recall.

In some vehicles the passenger side airbag could fail to receive a proper signal and a supplemental airbag warning light could flash and a status light would illuminate to warn the driver that it is not working properly.

If you or someone you know have sustained serious injuries as a result of having been in a collision where the airbag in your vehicle did not deploy, it is critical that the vehicle be protected and preserved so that it can be examined by an expert. Too many times the vehicle is left out in the weather and or sent to a salvage yard where critical evidence is lost forever.

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Illinois Attorney General Lisa Madigan has filed a lawsuit against a crib distributor for allegedly ignoring a nationwide recall of bassinets that can cause babies to suffocate. Madigan criticized federal regulators Wednesday for failing to take aggressive action against SFCA Inc., the owner of the Simplicity brand.

Madigan's lawsuit seeks a recall that SFCA would publicize in newspapers statewide. It also seeks a refund for retailers. "Our investigation revealed that SFCA continued to distribute recalled products that posed serious risks to children," Madigan said in a statement. "I will not allow this company to wash its hands of responsibility to Illinois families."

The federal Consumer Product Safety Commission first announced on Aug. 28 that Wal-Mart Stores Inc., Toys "R" Us Inc., Kmart Corp., Big Lots, Target, J.C. Penney recalled Simplicity Inc. bassinets after the strangulation death of at least one baby. Other retailers have followed.

Madigan criticized the product safety commission for allowing manufacturers to respond to recalls by issuing repair kits. She also said the commission's recall notices are unnecessarily complicated and confusing for consumers.

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Today, Delta Enterprise Corp a children's products maker will announce a recall of 1.59 million cribs linked to two infant deaths. This recall follows other recent recalls of cribs and bassinets involving other manufacturers.

The Consumer Product Safety Commission, CPSC, is expected to hold a news conference later this morning to announce the recall, which is being conducted on a voluntary basis by the company. Mandatory recalls are rare, though the CPSC sometimes has to pressure manufacturers to agree to repair or pull their products from the market.

According to the company, the recall results from two different types of hardware used on cribs sold from 1995 through 2005. The hardware, which includes safety pegs for one set of cribs and spring pegs for another, can create a hazard if not properly installed. The improper installation can cause the drop side of the cribs to fall and disengage, creating a gap that can entrap and suffocate babies.

Delta's recall is the biggest in a recent series of crib and bassinet recalls urged by the CPSC. In mid-September, the agency announced a recall of about 600,000 Simplicity Inc. drop-side cribs that involved hardware problems. A month earlier, 900,000 Simplicity convertible bassinets were recalled after federal regulators linked the products to two infant deaths from strangulation. In that case, metal bars were spaced too far apart to prevent infants from slipping through. Another recall last September involved about one million defective Simplicity cribs with drop-side hardware problems that regulators linked to at least two other infant deaths.
Last week, Playkids U.S.A. of Brooklyn, N.Y., recalled about 2,000 convertible cribs because of sides made of a mesh that can create a dangerous gap when it expands.

The CPSC reports that on average, just 15% to 30% of consumers who have purchased a defective product respond when an item is recalled.

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Digoxin was developed by the company Actavis Totowa to treat arrhythmias (abnormal heat rhythm) and allegedly to prevent heart failure. In April of this year, the U.S. Food and Drug Administration issued a recall of this drug. As it turned out, the use of this product leads to a dangerous side effect known as digitalis toxicity, a process that occurs when digitalis is not excreted normally through urine and the body is overexposed to the drug. This process may be fatal to the victim, which is why this drug was recalled from the market.

We had previously written a blog about Byetta developed by Eli Lilly and Company and Amylin Pharmaceuticals, Inc. This drug is used in the treatment of Type 2 diabetes, however, reports of patients developing pancreatitis, a potentially deadly side effect, occurred late in the 2007 period and have been increasing since that time. Indeed, in the fall of this year, a lawsuit was filed in California by a plaintiff who had been hospitalized for pancreatitis.

It seem as though there are new drugs coming to market almost everyday. Television ads about drugs are omnipresent. These two drugs, two among hundreds of other drug products, help to demonstrate the dangers associated with drugs that are not carefully screened by a manufacturer before being placed into the marketplace. Consumers now, more than ever, must be made aware of the dangers associated with drug treatment. The American public clearly is using more and more drug treatment. For this reason alone, it is increasingly imperative that manufacturers provide adequate warnings to patients and their physicians of dangers known to be associated with these products. Side effects can be deadly when powerful medications are involved and the public has a right to know of these dangers.

Our firm will continue to blog about these and other dangerous drugs in the future in an effort to warn the public of the dangers associated with their use. Regrettably, litigation may be the best available tool to insure that manufacturers will provide better and more informative warnings on their products so that consumers can make educated decisions about the risks and benefits of using these products.

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Last night's deadly charter bus crash in California reportedly killed at least ten passengers, after the bus veered from the road, and rolled over into a ditch. Predictably, passengers were ejected from the bus or tossed around inside the bus, which in our experience greatly increases the severity of injury.

In last year's deadly bus accident involving the Bluffton University Baseball Team, our firm represents the most seriously injured surviving passenger. As we have written about previously, the NTSB found that the lack of seat belts or other passenger restraint systems, as well as type of materials used in windows, were factors in allowing passengers to be ejected from the bus.

Obviously, such basic equipment as seat belts saves lives--and yet somehow buses in this country continue to operate without them.

We will be following the reports and investigation of this crash, and our prayers are with the families of the victims. If the work we have done can assist them in any way, we will be be more than happy to share it.

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Posted In: Automobile Accidents , Products Liability , Wrongful Death

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We have written in the past about the danger of using aged tires on vehicles and the inherent rollover dangers in large passenger vans. We recently learned of the existence of an organization dedicated to addressing these dangers, educating the public about these dangers, and hopefully saving lives.

The American Center for Van and Tire Safety, acfvats.org, was established by Patrick James after the tragic death of his young daughter. On July 17, 2007, ten year old Alexis James was a passenger in a 15 passenger van traveling with others from her home in South Carolina to a softball game in Georgia. Unexpectedly, the left rear tire of the van suffered a failure, causing the van to rollover. Although Alexis was wearing the provided lap belt, she was ejected from the van and suffered fatal injuries.

Subsequent investigation determined that the van was traveling within the speed limit and there were no additional causative factors for the rollover other than the tire failure.

After the incident, Patrick James decided to direct his grief into positive action. He researched the failed tire and learned that it was over 13 years old, but had seen no use prior to installation on the van. It had been a spare. He learned that here was ample research demonstrating that tires over approximately 6 years old were subject to failure and should be replaced or not otherwise put into use. Many automobile manufacturers now make these recommendations and the NTSB has issued an advisory.

However, relatively few persons are receiving this information. Now, the American Center for Van and Tire Safety is working with the NTSB to start an public awareness campaign. Hopefully, the word will spread, and other families will not have to endure the losses suffered by the James family and many others. The American Center for Van and Tire Safety is to be commended for these efforts

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Three new lawsuits were filed in the state of California in September concerning the injectable diabetes drug Byetta. The lawsuits allege design defect and inadequate warnings of the drug’s alleged links to pancreatitis. The lawsuits name the manufacturer, Amylin, and the marketer, Eli Lilly, as the named defendants in the suit.

Byetta is a injectable drug for adult Type 2 diabetes. The principle ingredients of the drug are a derivative of the saliva of the Gila Monster, a lizard found in the southwestern United States. According to public information, approximately 1 million patients have used Byetta since it went on the market in June of 2005. The lawsuits pending against the named defendants are alleging that the defendants concealed from the public the extent of their knowledge concerning the possible linkage between the use of the drug and acute pancreatitis. In December, 2007, the United States Food and Drug Administration issued a Safety Alert indicating 30 reports of acute pancreatitis in connection with the use of this drug. In August, the FDA supplemented this safety alert by indicating an additional 6 adverse reports of pancreatitis.

If you or a loved one have used this drug and have developed acute pancreatitis, obviously, you may wish to confer with counsel concerning your legal rights. If the manufacturers were aware of a documented linkage between acute pancreatitis and the use of this drug, to the extent that they did not include warnings of this link to pancreatitis, there may be the valid basis of a claim against these defendants for a failure to warn of known dangers.

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Severe personal injuries - often including spinal paralysis, closed head injury brain damage, and even death - frequently result from vehicle damage that is sustained in rollover car accidents in Georgia and other states. According to April 19, 2007 Status Report published by the Insurance Institute For Highway Safety, nine vehicles, all SUV’s and pickups, have more than 75 deaths per million vehicles in single vehicle rollover crashes, compared with an average of 24 in all 2001-04 vehicles during 2002-05. This higher rate is largely because of their relatively high centers of gravity. The vehicle with the very highest death rate in rollovers is the 2-door, 2 wheel-drive Chevrolet Blazer. Its 134 deaths per million in rollover compare with an average 38 in all midsize, 2 wheel-drive SUV’s and 28 in 4 wheel-drive versions. According to this publication, not all midsize SUV’s have high death rates in single vehicle rollovers. For instance, at the time of the report, no driver deaths were reported in the 2 wheel-drive Lexus RX 330. This vehicle and increasing numbers of other passenger vehicles, especially SUV’s, are becoming equipped with standard or optional electronic stability control (ESC). This feature has been shown to significantly reduce the risk of fatal single-vehicle crashes including rollovers. More evidence that this ESC effectiveness is that all but 3 of 15 vehicles with the lowest overall death rates have this feature, usually standard (the Chevrolet Astro, Honda Odyssey, and Honda Pilot don’t). In contrast, ESC isn’t standard on any of the 16 vehicles with the highest death rates, and its optional on only 1 (the Nissan 350ZX). Accordingly, it is apparent that the ESC feature is an important feature in saving lives and reducing serious personal injury cases on Georgia highways.

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Large vans are frequently used to transport college and other school sports teams, commuters, students, day care children, the elderly, and church groups. The accident rates for these vans are alarming.

According to the National Safety Transportation Board, between 1994 and 2004, there were 1,512 fatal crashes involving 15-passenger vans. In 2004 alone, 120 occupants of 15-passenger vans died in crashes involving these vehicles A total of 642 of these were single-vehicle crashes and 515 of the vehicles rolled over. More than half of the 15-passenger vans involved in single-vehicle accidents rolled over, compared to one-third of passenger cars.

A major problem with 15-passenger vans is that their tires are often underinflated, leading to higher tire temperatures, faster tire deterioration, and diminished driving stability. Adding passengers and cargo causes the center of gravity to move upward and rearward, increasing a vehicles tendency to roll over and increasing the potential for the driver to lose control in emergency maneuvers.

Fifteen-passenger vans are 3 times more likely to roll over when loaded with more than 10 passengers. In just two 15-passenger van crashes alone, in North Carolina and Texas in 2001, a teenager and four senior citizens died when left rear tires failed, the drivers lost control of the vehicles, and the vans rolled over several times.

Front and back tires may require different inflation pressures and these pressures may be higher than those of passenger car tires. Car tire pressures are typically the same for all 4 tires. However, van tires are very different with typically up to 50 lbs. in the front tires and up to 0 lbs. in the rear tires.

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About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child. The recalled goals were manufactured in China. Anyone having one of these goals should remove it immediately.

The Consumer Product Safety Commission said a 20-month-old boy from Texas was strangled when his head and arm became entangled in the net of one of the recalled goals.

The gaps in the recalled nets are about 20 square inches, which is a dangerous size according to the CPSC. The agency says netting should have gaps less than 17 square inches or greater than 28 square inches, to prevent dangerous entrapment and strangulation.

The CPSC received one other report of a child's head becoming entangled in a net.

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Last month, consumer, public interest and scientific groups applauded President Bush for signing product safety reform legislation into law that will overhaul the Consumer Product Safety Commission (CPSC).

The Consumer Product Safety Improvement Act of 2008, was passed overwhelmingly by Congress. The new law will make consumer products safer by requiring that toys and infant products be tested before they are sold, and by banning lead and other harmful chemicals in toys, by creating a comprehensive publicly accessible consumer complaint database, give the CPSC the resources it needs to protect the public, increase civil penalties that CPSC can assess against violators of CPSC laws, and protect whistleblowers who report product safety defects.

A key portion of the legislation, deals with the safety of juvenile products such as cribs, high chairs and strollers.

“This new product safety law is responsive to the mounting evidence and dire consequences of our broken product safety net. This bill patches up our current system by giving the CPSC the resources, regulatory authority and enforcement tools it needs to protect consumer from hazards posed by unsafe products,” stated Rachel Weintraub, Director of Product Safety and Senior Counsel with Consumer Federation of America. “We applaud Congress and the President for supporting this critical reform and urge the CPSC to implement this law effectively.”

"This is a huge victory for consumers over big business," said David Arkush, Director of Public Citizen's Congress Watch division. "This law puts safety first by making new and important changes, like requiring that toys be tested for safety before they are sold and creating an Internet database where consumers can share information about dangerous products."

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The Food and Drug Administration has announced plans to revise standards for over-the-counter cough and cold medications for children. The FDA said it will change the criteria that have allowed the products to remain on drugstore shelves . This could result in removal of the products from the market.

The FDA action is in response to increasing concerns that the remedies are ineffective and could be unsafe. Specifically, the action is in response to a petition filed in March 2007 by a group of pediatricians asking the FDA to restrict the use of the products, citing a lack of evidence that they work and mounting evidence they can cause hallucinations, seizures, trouble breathing, heart problems and other complications, including occasionally deaths.
The petition pointed out that the remedies had been allowed to stay on the market because they were approved at time when it was not considered appropriate to test medications directly in children. Instead, studies in adults were extrapolated to children, a practice now considered inadequate, the petition said.

A week before the FDA convened a panel of experts to consider the petition in October 2007, drug manufacturers voluntarily pulled all over-the-counter cough and cold products for children younger than 2.

The panel concluded that there was little evidence the remedies worked for children younger than 12, recommended that they not be used at all in those younger than 6, and called for new research to establish their safety and effectiveness directly in children.
In January, the FDA issued a public health advisory formally warning against using the products on children younger than 2, but it said the agency was still considering what to do about older children.

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As Atlanta injury lawyers, we see many accident victims undergo knee and hip replacement surgery every year. Many of these victims are injured as a result of automobile and truck accidents and many result from work related injuries. The fact is nearly one million hips and knees were replaced last year in the United States alone. This represents approximately one-half (½) of the world’s total, making the U.S. the largest provider and user of implants.

Although the Food and Drug Administration is charged with monitoring devices such as artificial joints, the monitoring process is ineffective for several reasons. One reason is the FDA is overwhelmed by the vast number of products that it monitors. Another reason is that there is no system in place by which doctors can report problems with medical devices such as artificial j