Cherry Hill, New Jersey Personal Injury Lawyer

When Driving, Put Everything Else Away! This Means Everything.

Mike Ferrara — Thu, 10 May 2012 19:38:34 GMT

But it’s so incredibly tempting to try to sneak in that tiny little text message while you’re stopped at a light, then keep going once the light turns green. It won’t hurt anything if you just hit “send” once it’s all typed out, right? It just takes a fraction of a second.

Once and for all, WRONG. Driver distractions like texting play a role in one out of every four motor vehicle crashes. The fraction of a second that you’re looking at your phone instead of the road could be the same fraction of a second you have to react to a sudden road hazard. We’re not just talking about fender-benders, either. The National Highway Traffic Safety Administration says that distracted driving is involved in a full 16% of fatal crashes.

Distracted driving doesn’t just mean texting, although texting is a huge problem these days, especially for teen drivers. Changing radio stations or iPod selections, glancing at movies playing in the car, talking on the phone and even turning around to talk to kids in the back seat can prove deadly. For your safety, and for the safety of everyone else in the car, make your cell phone off-limits when you’re driving. Your life is worth more than a text message. Other people can wait.

Originally posted at InjuryBoard by Mike Ferrara

Vioxx Killed Half a Million? The Facts Are Grim.

Mike Ferrara — Tue, 01 May 2012 18:02:36 GMT

It’s looking more and more likely that the Merck painkiller Vioxx, the blockbuster drug suspected of having caused more than 55,000 deaths from stroke and heart attack before being withdrawn from the market in 2004, actually killed many more people than we previously thought.

While conducting research on America’s media coverage of the Vioxx scandal, publisher of The American Conservative Ron Unz noticed some figures that seem to have escaped almost everyone else’s attention. The year Vioxx was introduced, 1999, showed the largest recent rise in American death rates. The year after Vioxx was pulled from the market, American death rates underwent a substantial and completely unexpected decline.

"We find the largest rise in American mortality rates occurred in 1999, the year Vioxx was introduced, while the largest drop occurred in 2004, the year it was withdrawn," says Unz. "Vioxx was almost entirely marketed to the elderly, and these substantial changes in the national death-rate were completely concentrated within the 65-plus population.

"The FDA studies had proven that use of Vioxx led to deaths from cardiovascular diseases such as heart attacks and strokes, and these were exactly the factors driving the changes in national mortality rates."…

This drop corresponds to roughly 100,000 fewer deaths per year. The age-adjusted decline in death rates was considerably greater. –The Week

The numbers suggest that Vioxx may have caused more than 500,000 premature deaths. This is so far beyond the 3,468 that were named in Merck’s class action settlement for $4.85 billion in 2007 that it boggles the mind. Further investigation is clearly needed to determine just what effect Vioxx had on the almost uniquely elderly population that took it. And Merck needs to be held accountable for the colossal harms it has caused.

Originally posted at InjuryBoard by Mike Ferrara

Walgreens to Pay $7.9 Million for Illegal Customer Kickbacks

Mike Ferrara — Mon, 23 Apr 2012 18:34:55 GMT

The drugstore Walgreens will pay $7.9 million to federal and state governments as part of a settlement, after being accused of offering illegal incentives to customers to transfer their prescriptions to Walgreens pharmacies.

Walgreens published advertisements offering $25 gift cards to customers transferring their prescriptions. It is a violation of federal law to offer such incentives to people enrolled in government-run health care programs such as Medicare and Medicaid.

The drugstore chain's advertisements typically noted that such offers didn't apply to those insured via Medicaid, Medicare and similar programs. But the government claimed "Walgreens employees frequently ignored the stated exemptions on the face of the coupons and handed gift cards to customers who were beneficiaries of government health programs." –CNN

The federal government will receive about $7.3 million in the settlement; the remaining $0.6 million will go to state governments who participated in the investigation against Walgreens.

Originally posted at InjuryBoard by Mike Ferrara

Not Driving on Tax Day Could Save Your Life

Mike Ferrara — Thu, 12 Apr 2012 20:50:33 GMT

It turns out that people are 6% more likely to get into a fatal crash on tax day, according to recent findings published by the Journal of the American Medical Association.

Over the past 30 years, on average, there have been 13 more fatal crashes nationwide on April 15 than on other days of the year. While researchers can’t be sure of the cause of the increase, it may be due to something as simple as the distraction caused by the stressful deadline. When people are feeling rushed, their driving can reflect it, even if they’re not specifically trying to get somewhere in a hurry. Moreover, stress can affect people’s driving whether they’re e-filing, paper filing, or filing through a tax preparer. Extra stress equals distraction, and distraction leads to those little driving mistakes that can cause huge accidents.

Lest those who filed their taxes early get cocky, please remember that accidents always involve somebody else’s car too. Tax day this year is April 17. To be on the safe side, try to limit your driving on tax day as much as possible. If you can, take public transportation, walk, or work remotely for the day. Getting your taxes done on time shouldn’t cost anyone their life.

Originally posted at InjuryBoard by Mike Ferrara

Safety Recall for Hyundai Sonata Hybrids, but Hyundai Won’t Admit There’s a Problem

Mike Ferrara — Wed, 04 Apr 2012 17:50:18 GMT

The National Highway Traffic Safety Administration has announced a safety recall for Hyundai Sonata Hybrids produced between December 2, 2010 and March 7, 2012. These vehicles have a safety issue with one of their seatbelts: The rear center belt, which has a release mechanism that detaches both the lap and shoulder portion at the lower anchor point, does not meet NHTSA safety standards for occupant crash protection.

A full 14,728 vehicles are potentially affected by this recall. Of these, Hyundai has agreed to repair only the 1,633 Sonata Hybrids that are currently sitting at a dealership. For the remaining 13,095 vehicles that are actually out in the road being driven by people, Hyundai has told NHTSA that it plans to file a recall exemption petition. The reason? According to Hyundai, the recall for those cars is "inconsequential as it relates to motor vehicle safety." Yes, you heard correctly. Not meeting seatbelt safety standards is inconsequential to vehicle safety.

Hyundai is not obligated to send out any recall notices or otherwise notify the 13,095 people who own the unsafe Sonata Hybrids until its petition is resolved. That’s why we are letting you know here which vehicles are involved in this safety recall. If you own one of these cars, please contact NHTSA to let them know how you feel about Hyundai’s petition.

Vehicle Make / Model: Model Year(s):

HYUNDAI / SONATA 2011-2012

Manufacturer: HYUNDAI-KIA AMERICA TECHNICAL CENTER INC Mfr's Report Date: MAR 08, 2012

NHTSA CAMPAIGN ID Number: 12V098000 NHTSA Action Number: N/A

Component: SEAT BELTS:REAR

Potential Number of Units Affected: 14,728

Summary:

CERTAIN MODEL YEAR HYUNDAI SONATA HYBRID VEHICLES PRODUCED BEGINNING ON DECEMBER 2, 2010, AND SHIPPED TO DEALERS THROUGH MARCH 7, 2012, THAT ARE EQUIPPED WITH A CENTER REAR SEAT BELT INCORPORATING A RELEASE MECHANISM THAT DETACHES BOTH THE LAP AND SHOULDER PORTION AT THE LOWER ANCHORAGE POINT, FAIL TO CONFORM TO FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 208, "OCCUPANT CRASH PROTECTION." -autoblog

Originally posted at InjuryBoard by Mike Ferrara

The Third Leading Cause of Death is…Doctors?

Mike Ferrara — Wed, 28 Mar 2012 16:32:48 GMT

That’s right…research is showing that doctors in America kill roughly 225,000 people every year. This makes doctors the third leading cause of death after heart disease and cancer. In the Journal of the American Medical Association, Dr. Barbara Starfield of the Johns Hopkins School of Hygiene and Public Health provides some startling numbers:

12,000 people are killed through unnecessary surgery

7,000 are killed as a result of hospital medication errors

20,000 are killed as a result of other hospital errors

80,000 are killed by hospital-acquired infections

106,000 are killed by drugs prescribed to them

Significantly, these numbers do not include individuals who suffer non-lethal injuries or other negative effects of medical treatment.

As Americans, we also pay the highest costs in the world for our health care. At these prices, shouldn’t we expect the world’s best health care? But we are not getting it.

Of 13 countries in a recent comparison, the United States ranks an average of 12th (second from the bottom) for 16 available health indicators. More specifically, the ranking of the US on several indicators was:

13th (last) for low-birth-weight percentages

13th for neonatal mortality and infant mortality overall

11th for post-neonatal mortality

13th for years of potential life lost (excluding external causes)

11th for life expectancy at 1 year for females, 12th for males

The numbers are appalling, and need to be addressed immediately. If an American jumbo jet crashed every single day, killing every passenger on board day after day, year after year, the country would be up in arms. This issue should be no different. Medical professionals who injure or kill patients through negligence need to be held responsible for the harms they cause.

Originally posted at InjuryBoard by Mike Ferrara

When Smart Keys Collide

Mike Ferrara — Mon, 19 Mar 2012 19:59:28 GMT

It seems that so-called “Smart Keys” are turning out to be anything but smart. We are hearing more and more stories lately about how drivers are parking their cars in their garages and going into their houses, unaware that they’ve left their motor running. The tragic result is that this can lead to accidental carbon monoxide poisoning.

Toyota vehicles with keyless ignitions have been implicated in at least two carbon monoxide deaths. Additionally, Toyota recently issued a Technical Service Bulletin stating that when two Smart Keys from different vehicles are in close proximity, electronic failures can occur:

“Some 2011 and 2012 Lexus models may exhibit a condition where the Smart Key system is inoperative when another vehicle’s Smart Key is in or near the vehicle. The following functions may also be affected: wireless remote operation, Smart access, and Smart start. The combination meter multi-information display may show the message: “Key not detected” when attempting to start vehicle and when driving.” –Safety Research & Strategies

That all this can happen when the car is off is bad enough. That it can happen when someone is driving is totally unacceptable. As for carbon monoxide poisoning, even one death from an inadvertently running car in the garage is too many. That companies like Toyota are not breaking any laws in the design of their keyless-entry vehicles indicates only that we desperately need updated laws to prevent Smart Key accidents. And car companies who design deadly products need to be held responsible for the harms they cause.

What is your personal experience with Smart Keys? Have you ever had a near-miss with one, or have you ever had your vehicle not work propertly because of a Smart Key conflict? If so, please post a comment and let us know.

Originally posted at InjuryBoard by Mike Ferrara

A CVS in New Jersey Accidentally Gave Children Breast Cancer Meds

Mike Ferrara — Sun, 11 Mar 2012 18:32:53 GMT

A CVS in Chatham, New Jersey has admitted to accidentally giving dozens of children the breast cancer medication taxomifen instead of the fluoride pills they had been prescribed, for a period of two months.

Between Dec. 20 and Feb. 20, the Main Street pharmacy mixed up 0.5 mg. fluoride tablets with 20 mg. tamoxifen tablets. Both are small, round and white, but the fluoride pills are stamped "SCI" and "1007," according to drugs.com, while the tamoxifen pills are imprinted with "M" and "247." –NJ.com

It is not clear why this happened or how the mistake was finally discovered. So far, no reports of ill effects or injury have surfaced, although tamofixen has some serious side effects including blood clots, strokes and cataracts.

CVS said they have contacted all of the families whose children were involved in the mix-up to let them know about it and apologize. The New Jersey Division of Consumer Affairs has also gotten involved and has ordered CVS to turn over all communications, complaints and information related to the incident, in hopes of preventing a similar accident in the future.

I think it goes without saying that this sort of accident should never, ever happen—particularly to children (not one child but about 50!) and particularly for the extended period of time that it occurred. The lack of oversight that must have allowed such a mistake to go on for so long is staggering.

Originally posted at InjuryBoard by Mike Ferrara

More Bad Faith Tire-Related Deaths Lead to Goodyear Recall

Mike Ferrara — Sat, 03 Mar 2012 18:14:10 GMT

Too little too late, Goodyear is recalling nearly 41,000 Wrangler Silent Armor flagship tires. If the company had responded to warranty and property damage claims that it had been receiving about these tires for over a year, it might have been able to prevent the tire-related rollover crash that killed two Texas college students three months ago.

The August 1, 2011 incident claimed the lives of Matthew Smith and his passenger Kerrybeth Hall, as Smith drove southbound on U.S. Highway 67 in Pecos County, Texas. The left rear Wrangler Silent Armor tire on the 2008 Ford F-150 pickup de-treaded, causing the pick-up to skid and rollover. Smith was fatally ejected from the F-150. Hall, who was properly restrained, also suffered fatal injuries in the crash.

“I think Goodyear was getting lot of warranty claims, but said, ‘Let’s see what happens,” says David T. Bright, an attorney with Sico, White, Hoeschler & Braugh of Corpus Christi, TX, who represents Gerry Lynn Wilkinson, Kerrybeth’s mother, in the civil case against Goodyear. “Then Goodyear waited another 12 months, and decided: Hang on. Let’s wait a while longer. And three months later, these two people got killed.”

According to documentation Goodyear filed with the National Highway Traffic Safety Administration (NHTSA) on February 22, the tiremaker had first noticed elevated property damage and warranty claims for the Wrangler Silent Armor tire, during its May 2010 review of Early Warning Data. Over the next 12 months, the company would continue to see high levels of warranty and property damage claims specifically for six sizes of the tires produced at its Fayetteville plant. But Goodyear still resisted a recall, passing off the uptick as isolated cases caused by “stone drilling damage and other external damage to the tires.” –SafetyResearch.net

So why were only tires made at the Fayetteville plant producing warranty and property damage claims? Possibly because during the same period when these tires were manufactured, 15 workers at the Fayetteville plant were running a drug operation out of the plant. They were busted by the Cumberland County Sheriff’s office in March 2010, just before the claims on these tires started coming in to Goodyear. “69 charges among them allege that the suspects were operating a full-service drugstore, trafficking cocaine, marijuana, Ecstasy, opium and other prescription drugs.” -SafetyResearch.net

Yes, it just seems crazy. Goodyear should have acted sooner to recall the Wrangler Silent Armor tires simply due to the claims coming in. But when 15 of its plant workers were busted for running a drug ring, shouldn’t Goodyear have done more rigorous following up about the quality of the job they did manufacturing tires?

For more on the tire industry’s recent handiwork, please read this post about the pending tire age disclosure bill in Maryland and this post about Michelin knowingly selling defective tires.

Originally posted at InjuryBoard by Mike Ferrara

Tire Industry Rages Against Tire Age Disclosure Bill – What Are They Trying to Hide?(2)

Mike Ferrara — Sat, 03 Mar 2012 18:06:59 GMT

It is an undisputed fact that older tires, regardless of whether they’ve been worn or not, are more likely than new tires to suffer stress and catastrophic failures. This is why the state of Maryland has been trying to pass a bill (HB 729) that would require tire dealers to disclose the age of all tires they are selling, and to provide consumers with information about how tire age affects performance.

You might imagine that the Tire Industry Association would take an interest in protecting its customers from life-threatening accidents caused by their products. But it’s actually quite the opposite: the Tire Industry Association is calling this bill “government intrusion” into their business, and rallying violently against it. They have lobbyists working around the clock trying to stop its passage.

What are the Tire Industry Association’s motives? This bill is simply asking that those who sell tires tell consumers how old the tires are, and inform people that older tires are more dangerous than newer tires. Clearly, they are opposing it because they want to continue selling old tires—sometimes several years old—at brand-new prices without having to tell anyone. This position is so self-interested and negligent that it’s not even worth entertaining. Let’s get the bill passed already.

Originally posted at InjuryBoard by Mike Ferrara