Cherry Hill, New Jersey Personal Injury Lawyer - Burn Injuries

911 Liability - PA Woman With MS Calls 911 When Bed Catches Fire - Her Call Put on Hold And She Burns To Death Waiting

Mike Ferrara — Sat, 16 Feb 2008 12:59:43 GMT

Everyone around the country must learn about the Brenda Orr tragedy. In Bucks County, PA, a suburb of Philadelphia, Brenda Orr placed a call to 911 when her bed caught on fire. She suffered from MS and was unable to get out of bed. Her 911 call went to the Bucks County dispatchers who could have answered her desparate call for help. Her call rang for 30 seconds and no one answered. When it was was finally answered, the dispatcher put on her hold. Whether or not a prompt answering of the call would have made a difference in saving Brenda will never be known. There may be disciplinary action against the 10 dispatchers who could have answered the call. The Philadelphia Inquirer called for a strict ban on putting any 911 caller on hold.

The Bucks County Commission Chair James Cawlery said: "mistakes were made and for those mistakes we are truly sorry".

Residents across the river in New Jersey are anxiously awaiting a decision due this week on whether 911 operators who make mistakes are immune from liability. In that case, a call came in to the 911 operator for the City of Camden describing an abduction in progress in a train station parking lot. The operator said: "it sounds like a domestic dispute". Incredibilty she never dispatched police officers who were 400 yards away. Expert testimony revealed that had the call be properly entered in the computer, the officers would have gotten to the scene in time to prevent the abduction and eventual murder of 26 year old Christine Eberle. Instead of entering the call into the computer as she was required to do, she wrote it on a slip of paper and never dispatched the police.

A trial court judge, Charles Little, ruled that the operator, Marie Cupparo and her employer, the City of Camden, could not be sued because they were immune under New Jersey's Tort Claims Act. Court observers feel there is a good prospect that a three judge panel of the Appellate Division of New Jersey's Superior Court will find that Judge Little's ruling was erroneous. Should that occur, then the case will go to trial in Camden County, New Jersey. Michael A. Ferrara, Jr., one of Christine's attorneys, said: "Christine's family anxiously awaits the high court ruling. It would serve the interest of justice to be able to hold the 911 operator and her employer personally responsible for the harms they caused Christine's family".

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Hospitals Kill 42, Seriously Injure 408 in 2006

Mike Ferrara — Mon, 21 Jan 2008 01:03:48 GMT

One of the first things doctors learn in medical school is the old adage that they do no harm. Except in New Jersey. Official state records just released reveal that in 2006 there were 42 persons killed and 408 seriously injured in New Jersey's 78 hospitals. Things are getting worse - in 2005 there were "only" 376 such incidents.

The most common events were falls, pressure ulcers, medication errors, burns, wrong-site surgeries, and sponges and medical instruments left in patients. This horrendous record cries out for action by the New Jersey Medical Society. The hosptials must do a better job to insure patient safety. The Medical Socity owes a duty to all New Jersey citizens to weed out the incompetent doctors.

The editors of New Jersey newspapers and the members of the Senate and Assembly need to read the report in full and demand prompt remedial action. The Medical Society, in shrill tones designed to hide the truth, argues that the solution is tort "reform" and caps. Unfortunately, those solutions only reward bad doctors. Bad health care providers must be held personally responsible for the harms they cause. A complete copy of the 2006 report from New Jersey's Department of Health and Senior Services is available onlne . It should be required reading and certainly paints a bleak picture of the state of health care in New Jersey.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Mike Ferrara

New Jersey Senate and Assembly Pass New Wrongful Death Bill - However Governor Corzine Vetoes It

Mike Ferrara — Thu, 17 Jan 2008 01:11:52 GMT

The New Jersey Senate and Assembly passed changes to the state's 130 year old Wrongful Death bill. The bill then went to the Governor's desk for his signature but he refused to sign it. Under New Jersey law, his failure to sign the bill had the same effect as a veto and the bill died. It will be reintroduced again in the next session of the legislature that began last Tuesday. Supporters of the bill were shocked that the Governor would favor big business, insurance and hospital lobbies over the rights of everyday citizens and grieving families.

"We would have expected this from a Republican Governor, but never from Governor Corzine who always lined up against these monied interests when he was a United States Senator", said Michael A. Ferrara, Jr., an attorney from Cherry Hill, NJ, and a Past President of the New Jersey Trial Lawyer's Associaton (ATLA-NJ) and the Civil Justice Foundation.

The bill was strongly supported by the AARP, The New Jersey Bar Association, consumer and labor groups, and the Trial Lawyers Association (ATLA-NJ). Fierce opposition to the bill was waged by the big pharmaceutical companies, lobbyists for doctors and hospitals, insurance companies and big business. They contended the bill will drive business out of New Jesey and raise medical malpractice premiums. However, the sponsor of the bill, Assemblywoman Shirley Oliver, said opponents of the bill were unable to provide her with proof of their allegations. Amos Gern, President of ATLA-NJ, said when the bill was passed: "this is a good day for New Jersey citizens. The surviving family members of those who die as a result of the negligence of others will be able to seek justice for the emotional harm they suffer." Up until now, that was not an item of compensable damages under New Jersey's antiquated Wrongful Death Act. "Unfortunately, the Governor let the citizens of New Jersey down and everyone hopeful he will sign it when it returns to his desk next session", Gern added.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Mike Ferrara

"Merck Puts Patients First" - An Erroneous Corporate Slogan - Childhood Vaccines Recalled

Mike Ferrara — Sat, 15 Dec 2007 00:49:17 GMT

Merck & Co., Inc. (NYSE: MRK) withdrew Vioxx from the worldwide market on September 30, 2004. Their own studies showed that it caused heart attacks and strokes. Nearly 80,000 or more folks had heart attacks and strokes while taking Vioxx. Merck, a company who's slogan is "Merck Puts Patients First", did not accept personal responsibiliy, but in trial after trial, sometimes successfully, shifted the blame from themselves to their patients. Finally, after losing several key trials, and faced with investigations from state and federal authorities, Merck in November, 2007 after three years of denying responsibility, said they will pay $4.85 billion to Vioxx victims. Of course, they added the obligatory language that "we do not admit responsibility for these heart attacks or strokes". This is the company that at one time was the most respected drug company. Now, they are ranked 10th of the 12 major companies in terms of reputation. All brought about by not putting patient's first.

The latest failure to put patients first came with Merck's announcement that they have recalled 1.2 million doses of childhood vaccines because of sterilization problems in one of their Pennsylvania plants. If drug companies can't provide a sterile place to make childhood vaccines someone should be prosecuted criminally. The lastest Merck fiasco involves the vaccines for Hib, given for meningitis and pneumonia, and one other vaccine. They are administered to children at 2, 4, 6, 15 and 16 months old. Concerned parents should call their pediatricians and call their Congresspersons to ask that Merck be investigated for once again not putting patients first. More information is available from the Centers for Disease Control.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Mike Ferrara

The Ferrara Law Firm, L.L.C.

Staff Writer — Tue, 04 Dec 2007 22:25:23 GMT

Since 1972 The Ferrara Law Firm, L.L.C., a New Jersey Personal Injury Lawyer, has protected the rights of people who have been seriously injured by unsafe products, careless doctors and dangerous workplaces. Mr Ferrara is one of the leading New Jersey personal injury lawyers. In additon, he was selected as one of the Best Lawyers in America, and Best Lawyers in New Jersey and New York. Mr. Ferrara has tried over 250 jury trials and often is successful in convincing his opponents to enter into favorable out of court settlements. Mr. Ferrara also handles New Jersey tractor trailer accidents as well as brain injury cases, wrongful death cases and burn injuries. His articles on medical malpractice law have been published in national magazine. Finally, New Jersey construction accident cases are also a specialty of the firm. The firm was involved in two of the largest settlements in United States history, the $200 billion tobacco settlement where the firm represented the State of New Jersey, and the $4.85 billion Vioxx settlement where the firm represented 385 Vioxx victims.

The firm is guided by the principle of pursuing an aggressive, ethical approach to representing our clients to obtain the the best settlement or verdict possible. We really do care about you and will do everything ethically to help you to the fullest extent allowed under the law.

We have been engaged in the practice of law for over 35 years, and serve clients in all 21 New Jersey counties as well as in Philadelphia, Media, Norristown, West Chester and Doylestown, PA. Headquartered in Camden County, the firm frequently practices personal injury law in Atlantic County, Burlington County, Gloucester County, Cumberland County, Cape May County, Salem County and Mercer County. Our litigation specialization is primarily in the fields of medical and legal malpractice, auto crash cases, bus crashes, train injuries, workplace and construction site injuries and unsafe defective products lawsuits. These include Wrongful Death Claims, Brain and Burn Injuries, as well as catastrophic and paralyzing injuries. These can come from medical malpractice or motor vehicle crashes. More recently, we've been representing companies, including corporate officers, who for one reason or another, are suing other companies in civil litigation.

The legal staff of The Ferrara Law Firm, L.L.C. realize that legal matters can be intimidating to many, and understand that it is only natural to feel stress and and anxiety about your case. Our experience in serving over 4,000 clients makes us sensitive to your particular needs. In turn, our clients value our professionalism, attention to detail, and constant communication every step of the way.

We work on personal Injury cases on a contingency basis and cover all expenses until a verdict or settlement is made. On other civil matters we work on an hourly basis. You can be assured that we have the experience, skill and resources to handle your case.

Mr. Ferrara has been singled out by his peers at Best Lawyers in America, Super Lawyers by New Jersey Magazine and New York Magazine and Awesome Attorneys by South Jersey Magazine and have the highest rating, "AV" by Martindale Hubbell, the most respected lawyer rating service.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Staff Writer

Medical Malpractice Caps In Illinois Found Unconstitutional

Mike Ferrara — Wed, 14 Nov 2007 22:26:34 GMT

In a terrific blow to those who hope to place artificial caps on those harmed by bad doctors, an Illinios court struck down the caps and found them to be violative of the Constitution. Cook County Circuit Court Judge Diane Larsen ruled today that Public Act 94-677, the law that imposes arbitrary caps on damages for all victims of medical negligence, violates the Illinois Constitution as an improper exercise of legislative power. This is an important victory for the rule of law and constitutional government over the rule of special interests.

This is the third time that court has found that attempts to place caps is unconstitutional.

Of course, doctors and their insurance companies seek caps to avoid paying for the harms they cause. Time after time, and study after study, have shown there is no link between malpractice claims and doctor's premiums. But the facts don't matter when President Bush continues to make this issue one of such importance. Fortunately, reporters, legislators and judges are no longer buying the rhetoric and are being more skeptical of doctors crying wolf over and over again. The solution is quite simple. The Medical Societies must do a better job weeding out the bad apples among them and doctors who make mistakes have to accept personal responsibility for their actions.

Harvard Medical School reports about nearly 50,000 needless deaths a year and countless thousands of injuires are caused by medical malpractice. This epidemic has to stop. One thing is clear: State constitutions do not allow those who have been most seriously injured as a result of medical negligence to have their rights taken away in order to give bonuses to insurance companies.

In a statement released by the Illinois Trial Lawyers Association said: " ITLA remains firmly committed to preserving access to the courts and the right to trial by jury. Ultimately, it is the Illinois Constitution that protects all the citizens of Illinois against the attempts of powerful special interests to take away their rights"

It should be heartening to all of us that today a young child named Abigaile LeBron, who suffers brain damage as the result of medical negligence, is a step closer to receiving justice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Mike Ferrara

New England Journal Of Medicine Criticizes Drug Company Gifts To Doctors - Need Full Disclosure Of The $19B Drug Companies Give Doctors Each Year

Mike Ferrara — Wed, 31 Oct 2007 21:36:33 GMT

The November 1, 2007 New England Journal of Medicine calls for fuller disclosure of gifts drug companies pay doctors. The article concludes that costs of industry dinners, trips, and other incentives are passed along to their patients in the form of higher drug prices. A bipartisan bill is pending in the Senate called the Physician Payments Sunshine Act. It was introduced by Senators Charles Grassley (R-IA), the ranking member of the Committee on Finance, and Herb Kohl (D-WI), chairman of the Special Committee on Aging.

The bill mandates that big drug and medical device manufacturers disclose the amount of money they give to doctors. This includes free dinners, vacations, or consulting fees. This is already the law in Minnesota and Vermont and soon in Maine, West Virgiinia and California. The national trend is toward more transparancy. 83% of doctors receive free food and drinks in their offices, 35% are reimbursed for costs associated with professional meetings or continuing medical education, and 28% receive payments for consulting, speaking, or enrolling patients in trials.

According to the article, most physicians deny that receiving free lunches, subsidized trips, or other gifts from pharmaceutical companies has any effect on their practices, but research shows that physician-industry relationships do influence prescribing behavior. After all, if these relationships didn't affect physician behavior in such a way as to increase sales, companies wouldn't spend $19 billion each year establishing and maintaining them.

Originally posted at InjuryBoard by Mike Ferrara

Six Safety Tips For This Halloween - Please Be Safe

Mike Ferrara — Wed, 31 Oct 2007 09:52:11 GMT

Every Halloween results in tragedy for some. Here are the six common sense ideas I have come up with to help make this a safe day for everyone:
1. Since the Consumer Products Safety Commission reports that burns are the most common injury, please make absoultely certain any candles you have in jack o laterns are safe and kept far away from flammable costumes
2. Make sure costumes have reflective tape so the chance of getting hit by a car can be lessened
3. Make sure the costumes and accessories are not tripping hazards. Remind your children to be careful.
4. Make certain everyone is reminded not to get into any stranger's car under any circumstance
5. Double check all candy to make sure it is properly wrapped. Throw out anything that is loose, torn or opened
6. Use the buddy system. Make sure everyone is accounted for. Older children should be protective of younger children. Parents must walk with younger children. Never let them go alone or you are inviting a problem.
Finally, if you have an extra Mounds bar, please send it to me. Thanks and have fun. Happy Halloween. Mike Ferara

Originally posted at InjuryBoard by Mike Ferrara

Jury Selection Begins in Horrific BP Texas Explosion Case - 15 Workers Killed and 170 Injured in Blast

Mike Ferrara — Sat, 01 Sep 2007 19:36:05 GMT

In March, 2005 one of the most serious refinery explosions in history occurred at the BP (NYSE: BP) refinery in Texas City, Texas. It killed 15 and injured 170. To BP's credit, they have accepted personal responsibilty for what happened and have paid over $2 billon to those harmed and the families of those who died. This trial involves five cases that have not settled and is the first case to go to trial. Lead attorney Brent Coon said: "As horrible as this was, the worse thing was that this was avoidable." The U.S. Chemical Safety and Hazard Investigation Board, one of several agencies that investigated the accident, found that BP fostered bad management at the plant. The USCSB also said cost-cutting moves by BP were factors in the explosion. Coon told the jury pool that all the plaintiffs are claiming that BP did not adhere to various safety practices that would have prevented the blast. Employers need to make certain that safety is job number one and insure incidents like this one never happen again.

For more information on this subject matter, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Mike Ferrara

Speaker of the House Praises Work of Trial Lawyers

Mike Ferrara — Sat, 21 Jul 2007 15:10:27 GMT

The first woman Speaker of the House of Representatives, Nancy Pelosi (D-CA), praised the work done by trial lawyers. Speaking at the American Association for Justice (AAJ) convention in Chicago on July 14, 2007, Ms. Pelosi praised the work done by the 60,000 trial lawyers. She said "no other organization in the United States does more to protect the rights of ordinary citizens". AAJ, formerly known as the Associaton of Trial Lawyers of American (ATLA), is frequently criticized by President Bush and conservative Republicans, the Chamber of Commerce, and the American Tort Reform Association. However, a closer look reveals that the public is in favor of holding Corporate America, drug companies, doctors, and insurance companies personally responsible when they act in a manner that causes harm.

Trial lawyers take credit for making cars, machines, toys, infant cribs, infant pajamas, tires, drugs and medical devices safer. Their lawsuits often result in manufacturers making safety of their products a high priority. Their cases have made doctors, hospitals, lawyers, builders, and insurance companies personally responsible for the harm they cause. All of this allows ordinary folks the opportunity to seek compensation for the harms they suffer at the hands of wrongdoers. Is there anything wrong with that?

Originally posted at InjuryBoard by Mike Ferrara