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	<title>South Carolina Injury Law Firm BLOG</title>
	<link>http://www.mcgowanhoodblog.com</link>
	<description>Helping South Carolina accident victims involved in mass torts, medical malpractice, catastrophic injuries, nursing home negligence, truck accidents, car accidents, product defects and much more</description>
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		<title>FDA Releases Safety Warning Regarding Multaq (Dronedarone)</title>
        <pubDate>Wed, 22 Feb 2012 12:11:10 +0000</pubDate>
		<description><![CDATA[The U.S. Food and Drug Administration has issued a warning regarding the drug Multaq, the trade name for the pharmacological drug dronedarone, as it may be causing serious complications in patients. First approved in 2009, there have been 1.3 million prescriptions written for the drug and another estimated 278,000 people have purchased the drug through outpatient retail facilities. When taken by patients suffering from the heart rhythm condition permanent atrial fibrillation (AF), it may cause serious cardiovascular events including heart attack, stroke and death. The FDA has made the following recommendations for the prescription of Multaq: It should not be prescribed to patients with AF who cannot or will not be converted to normal sinus rhythm (permanent AF), because Multaq doubles the rate of heart failure in such patients Doctors must monitor the patient’s heart rhythm by electrocardiogram (ECG) at least once every three months Patients taking Multaq should receive...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/22/fda-releases-safety-warning-regarding-multaq-dronedarone/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/22/fda-releases-safety-warning-regarding-multaq-dronedarone/</link>
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		<title>What are the Most Common Reasons for a Drug Recall?</title>
        <pubDate>Mon, 20 Feb 2012 12:09:49 +0000</pubDate>
		<description><![CDATA[This week, our blog is discussing defective drugs and devices causing personal injuries to unknowing consumers. Many cases involving defective drugs or devices harming individuals begin with a recall, where the manufacturer either voluntarily removes the product from the market or the FDA requests or demands the drug be recalled. There is a variety of reasons a drug is pulled either voluntarily or involuntarily, but the three main categories of defective drugs are: Mislabeled drugs or misinformation on the package. This occurred last year when Pfizer voluntarily recalled the drug Citalopram, used to treat depression, and the drug Finasteride, used to treat prostatic hyperplasia, as the labels had been switched. This was especially dangerous to the public as Finasteride is alleged to cause fetal abnormalities in pregnant women. Defects in manufacturing the drug, such as contamination or potency problems. This made huge headlines recently when pharmaceutical giant GlaxoSmithKline was charged...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/20/what-are-the-most-common-reasons-for-a-drug-recall/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/20/what-are-the-most-common-reasons-for-a-drug-recall/</link>
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		<title>Forced Arbitration Clauses are Unconstitutional Violations of the 7th Amendment</title>
        <pubDate>Fri, 17 Feb 2012 12:54:36 +0000</pubDate>
		<description><![CDATA[Continuing our discussion of how corporations unlawfully seek to remove their responsibility to injured individuals, today’s blog will discuss another threat to Americans’ constitutional rights. Forced arbitration clauses attempt to remove corporate accountability to injured individuals by removing their constitutional right to a trial by jury. The clauses are often found in nursing home contracts; if a person dies due to nursing home abuse or neglect, the corporation owning the home will use the contract to prevent the family from seeking justice via a wrongful death lawsuit before a jury. Jury trials expose the responsible party and hold them publically accountable to prevent such harm in the future. This will not occur in private arbitration. The 7th Amendment provides that for all suits at common law, “the right of trial by jury shall be preserved.” Mandatory arbitration clauses in contracts of adhesion are unconstitutional, as they violate this basic constitutional...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/17/forced-arbitration-clauses-are-unconstitutional-violations-of-the-7th-amendment/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/17/forced-arbitration-clauses-are-unconstitutional-violations-of-the-7th-amendment/</link>
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		<title>Americans are the Real Losers if We Enact the British “Loser Pays” System</title>
        <pubDate>Wed, 15 Feb 2012 12:50:44 +0000</pubDate>
		<description><![CDATA[“The next step in tort reform is a loser pays system, so that there is a real cost to suits that waste the time and money of our businesses and our courts, and that our companies understand that South Carolina won&#8217;t stand for trial lawyers playing games with their bottom line.” South Carolina Governor Nikki Haley, State of the State Address, 1/18/2012. The Governor recently called for a “loser pays” system in our courts for personal injury and medical malpractice cases. This is misguided, as it not only demonstrates a lack of understanding of our current state judicial system, but a misinformed understanding of “loser pays” systems of law. Firstly, our state already has passed the “South Carolina Frivolous Proceedings Sanction Act,” which allows judges to punish plaintiffs who file frivolous lawsuits by ordering them to pay for the defendant’s costs and attorney fees. Secondly, the “loser pays” rule is...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/15/americans-are-the-real-losers-if-we-enact-the-british-loser-pays-system/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/15/americans-are-the-real-losers-if-we-enact-the-british-loser-pays-system/</link>
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		<title>McGowan, Hood &amp; Felder LLC Supports SC Small Business Chamber of Commerce</title>
        <pubDate>Tue, 14 Feb 2012 16:52:46 +0000</pubDate>
		<description><![CDATA[McGowan, Hood and Felder LLC has always supported local businesses in South Carolina, and as such we are members of the SC Small Business Chamber of Commerce and its BUYSC program. Check out the SC Small Business Chamber of Commerce BUYSC  Facebook and Twitter newsfeeds, where the McGowan, Hood &#38; Felder LLC business logo will be displayed all next week. The SC Small Business Chamber of Commerce is a non-partisan and non-profit member advocacy organization that works with small businesses and local communities to make state government work better. The group also seeks to pursue legislative initiatives in the South Carolina General Assembly, including bills on health insurance, workers’ compensation, solar energy, recycling, community safety and more. McGowan, Hood &#38; Felder LLC – South Carolina accident attorneys &#160;]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/14/mcgowan-hood-felder-llc-supports-sc-small-business-chamber-of-commerce/</link>
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		<title>VA Attorney General Cuccinelli Rightfully Speaks Out Against Unconstitutional “Tort Reform”</title>
        <pubDate>Mon, 13 Feb 2012 12:48:12 +0000</pubDate>
		<description><![CDATA[Many Americans are only beginning to understand the grave ramifications of federally imposed “tort reform” and damage caps on medical malpractice and personal injury lawsuits. Thankfully, the public is slowly becoming more aware of how large corporations are seeking to influence American citizens into giving up the constitutional right to a civil trial by jury, a right guaranteed by the 7th Amendment. More politicians are speaking up against the attempted constitutional violations currently before Congress. One person speaking out against this proposed tort reform amendment is Virginia Attorney General Ken Cuccinelli, the Republican leader of the lawsuit filed against President Obama’s health care bill. In a Washington Post op-ed published last October, Attorney General Cuccinelli wrote that federally-mandated tort reform, “takes an approach that implies ‘Washington knows best’ while trampling states’ authority and the 10th amendment.” Attorney General Cuccinelli is correct that federal tort reform also violates the 10th amendment....<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/13/va-attorney-general-cuccinelli-rightfully-speaks-out-against-unconstitutional-tort-reform/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/13/va-attorney-general-cuccinelli-rightfully-speaks-out-against-unconstitutional-tort-reform/</link>
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		<title>Finally, Trial and the Potential for Settlement in a Personal Injury Case</title>
        <pubDate>Fri, 10 Feb 2012 12:53:07 +0000</pubDate>
		<description><![CDATA[The pre-trial phase of a personal injury case can be a long and tedious process. It is necessary to have a full and complete discovery process to ensure both sides have the evidence they need to build their cases. After interrogatories, requests for documents, oral depositions, independent medical examinations, and experts scrutinizing the evidence, the discovery process concludes and a trial date may be set. At trial, a plaintiff will testify before a judge or jury and be subject to cross-examination by the defendant’s attorney. The Plaintiff’s side will call witnesses to testify on their behalf.  After the plaintiff has rested their case, the defendant will be allowed to testify. He will be subject to cross examination of the plaintiff’s attorney.  The defendant will be allowed to put up their case in the order they choose.  There may be argument before a judge after each side has rested and then...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/10/finally-trial-and-the-potential-for-settlement-in-a-personal-injury-case/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/10/finally-trial-and-the-potential-for-settlement-in-a-personal-injury-case/</link>
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		<title>Independent Medical Examinations as a Necessary Part of the Discovery Process</title>
        <pubDate>Thu, 09 Feb 2012 12:47:34 +0000</pubDate>
		<description><![CDATA[Continuing this blog’s ongoing discussion of personal injury case procedure, independent medical examinations may be a necessary part of the discovery process. As mentioned earlier this week, when a person sues a defendant claiming a personal injury or medical malpractice, the plaintiff is putting his or her medical history and status in issue. Unfortunately, that exposes the person to medical scrutiny by the other side. Defendants are entitled to have a doctor of their choosing examine a plaintiff claiming injury, and such examination may be ordered by a court even over an objection. This type of medical examination is usually only allowed in cases where the plaintiff is claiming a certain amount of damages. Now, whether an independent medical examination is actually “independent” is debatable, and generally, the doctor who performs the medical examination is chosen by the lawyer for the defendant. Plaintiffs should treat the visit as any regular visit to...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/09/independent-medical-examinations-as-a-necessary-part-of-the-discovery-process/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/09/independent-medical-examinations-as-a-necessary-part-of-the-discovery-process/</link>
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		<title>Interrogatories and Requests for Documents: The First Stage in the Discovery Process</title>
        <pubDate>Tue, 07 Feb 2012 12:42:04 +0000</pubDate>
		<description><![CDATA[Today’s blog post continues our week-long discussion on personal injury lawsuit procedure, and it will address a term most people have heard of but likely few truly understand: discovery. Discovery is a fact-finding process, or a way to gather and disclose evidence. It is part of the pre-trial phase and can include written interrogatories, requests for production of documents, requests for admissions, medical examinations, inspection of property and oral depositions. Written interrogatories and requests for production of documents are likely to be the first discovery tools used by attorneys on both sides after a personal injury case is filed. Both the plaintiff and defendant presents each other with a set of written questions to be answered, and the other side must answer the questions within a set time period. The answers are attested to under oath, meaning false statements in written interrogatories are the same as perjury and can be...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/07/interrogatories-and-requests-for-documents-the-first-stage-in-the-discovery-process/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/07/interrogatories-and-requests-for-documents-the-first-stage-in-the-discovery-process/</link>
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		<title>Statutes of Limitation and the Effect on Personal Injury Suits</title>
        <pubDate>Mon, 06 Feb 2012 12:37:17 +0000</pubDate>
		<description><![CDATA[Individuals who suffer injury due to an accident caused by the negligence or recklessness of another have a case for a personal injury lawsuit, but many potential plaintiffs are unsure of the process and may find the prospect of a lawsuit nerve-racking. Courtrooms are intimidating places, and if someone is thinking about filing suit, it helps to understand exactly how the procedure is going to work. This week, our blog is going to discuss personal injury lawsuits and the procedures that govern and shape the suits. The first thing to understand about personal injury lawsuits is that they are subject to a statute of limitations. A statute of limitations is a law that allows a person to file a personal injury suit only within a certain period, and after that time, the person will be barred (prevented) from suing. For medical malpractice, negligence/personal injury, wrongful death and product liability, the...<br /> <a href="http://www.mcgowanhoodblog.com/2012/02/06/south-carolina-personal-injury-lawsuit-procedure-is-the-hot-topic-of-the-week/">Read More &#187;</a>]]></description>
		<link>http://www.mcgowanhoodblog.com/2012/02/06/south-carolina-personal-injury-lawsuit-procedure-is-the-hot-topic-of-the-week/</link>
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