Cherry Hill, New Jersey Personal Injury Lawyer - Defective Products

Should Consumers have to Design Alternative Products to the Defective Ones that Harmed Them? An Open Cigarette Case in Florida May Decide.

Camryn Hansen — Sat, 08 Nov 2008 08:00:00 GMT

A cigarette case argued this week in the Florida Supreme Court may ultimately change the future of tobacco and other product liability in that state. On Thursday, to answer the question of whether former Chesterfield cigarette manufacturer Liggett Group should award damages for allegedly producing defective cigarettes, the Justices were asked whether plaintiffs should have to provide an alternative, safer design to products they claim to be defective in order to prove liability.

Chief Justice Peggy Quince worried that requiring consumers to be the ones to come up with safer product designs would put them in “a very, very difficult position,” noting that such a requirement would mean that every consumer who sued for a defective product would have to hire his or her own product engineer.

Justice Barbara Pariente said that such a requirement would trump all precedent. “Very often a plaintiff does as part of the risk utility show what else was out there. Good plaintiff attorneys are doing it,” she said. “But the way it's being argued as the plaintiff's sole burden to show it and the sole way to show defect would turn products liability on its head.”

The plaintiff in this case is Beverly Davis, a lifelong Chesterfield smoker who was awarded $540,000 by Broward Circuit Court for her claim against the Liggett Group, which argued the company was negligent for manufacturing cigarettes it knew to be particularly harmful (Chesterfields contain higher tar levels than other brands) as well as defective.

Florida's 4th District Court of Appeal threw out the negligence verdict but upheld the design defect verdict. Significantly, it also turned over to the state Supreme Court the question of whether a plaintiff should be required to provide alternate product designs for products they claim defective.

Liggett’s attorney, Alvin Davis, argued that the plaintiff should be forced to provide an alternative design. His position has been supported in friend-of-the-court-briefs by a number of business groups, including the US Chamber of Commerce and Associated Industries of Florida, who have both argued that there should be no liability without a reasonable alternative design.

The original plaintiff, Beverly Davis, who took up smoking at 15 and smoked until she was diagnosed with lung cancer in 2001, died at age 69 during the appeal. Her personal representative, Scott Davis, is carrying on the case in her stead.

Originally posted at InjuryBoard by Camryn Hansen

Miami Crane Collapse Kills 2 - Florida Has No Regulations Dealing With Tower Cranes And Crane Operators

Mike Ferrara — Tue, 25 Mar 2008 22:45:11 GMT

As incredible as it seems, 10 days after seven were killed in a New York City crane collapse, the virtually identical thing happened again in Miami. The startling news this time is that Florida does not regulate or license tower cranes and crane operators. Two workers were killed and five were injured when the crane fell 30 stories. Workplace injuries kill and injury thousands each year. This is what happens when contractors and building owners disregard worker safety. A few good lawsuits can change all of that. The contractors at the Tropicana Casino in Atlantic City paid $101 million dollars to settle claims of injured and killed workes when a garage there collapsed. Expert testimony revealed short-cuts were used to speed up the completion of the project. I urge anyone who has lost a loved one or has had a loved one injured in ANY construction accident to seek the services of an attorney who handles these cases. There is no excuse for these tragedies. The owners and contractors have to be held personally responsible for the harms and losses they cause. Decent folks demand nothing less.

Originally posted at InjuryBoard by Mike Ferrara

Safety is Job One - Deaths at NYC Construction Site Should Not Have Happened

Mike Ferrara — Sun, 16 Mar 2008 14:13:23 GMT

Yesterday's tragic crane collapse in NYC killed four and injured 10. It happened in mid-town Manhattan and could have been much worse. The site at 50th Street and 2nd Avenue is a bustling mid city intersection. The crane was on the 19th floor of a 44 story condo that was being built. There had been prior violations at this work site and neighbors complained that the workers were working illegal hours and the building was going up too quickly. An owner of the contstruction company Reliance Contruction Group, Stephen Kaplan, said "this was a freak accident" and tried to explain what happened. Well Mr. Kaplan, I have something to tell you. There are no "freak accidents" at construction sites. That is why there are federal and state regulations dealing with workplace safety. That is why everyone involved in a construction project has to forsee what could possibly go wrong and prevent against it. While these four workers died a tragic and needless death, hopefully it will not be in vain. Owners like Mr. Kaplan and others of his ilk, will be sucessfully sued. Hopefully, construction companies and building owners will begin to take worker safety seriously so these tragedies can end.

Originally posted at InjuryBoard by Mike Ferrara

Vioxx Deadline Passes - 85% Settlement Figure Expected to be Reached

Mike Ferrara — Sun, 02 Mar 2008 02:02:11 GMT

The historic $4.85B Vioxx settlement by Merck (NYSE: MRK) Is one step closer to a final resolution. One of the requirements of the settlement was the at least 85% of the approximately 55,000 persons suing Merck had to agree to the settlement. The deadline to enroll all clients who desired to participate in the settlement was Febrary 29, 2008. Early reports indicate that the 85% figure will be easily met. Those that do not enroll in the settlement will have their cases listed for trial in either Atlantic City, NJ, New Orleans, or, perhaps whatever state they orginally filed their suits. Most cases not filed in NJ were filed in many different states, but were all moved to the United States District Court in New Orleans and were presided over by Judge Fallon. The judge there may send those cases not in the settlment back to the home states of the plaintiffs. Merck has promised that the first checks will be sent to clients on a rolling basis beginning in August, 2008. Of course, Merck does not admit any responsibility for the heart attacks, strokes, and deaths caused by the now disgraced and withdrawn pain killer drug, Vioxx.

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

OTC Cold and Cough Medicines Dangerous for Kids - 3.8B Doses Given Each Year

Mike Ferrara — Thu, 17 Jan 2008 00:45:50 GMT

The Food and Drug Administration (FDA) is cracking down on over-the-counter drugs for colds and coughs for children. A prior warning last October didn't reach enough parents, so the FDA will issue get tough guidelines later today, reports cnn.com. and the AP. The drug industry estimates about 3.8 billion doses a year are given to children and say they are safe for children over 2. This warning applies only to infants and toddlers and the FDA is studying the effects on older children and a report is expected later in the year.
For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

The bottom line if you are a parent is this. It is just a cold and your child will get over it in due course. Why risk the potential harm from these OTC medications? The advice from here: just avoid them. They are too risky. The Centers for Disease Control and Prevention last year reported that more than 1,500 babies and toddlers wound up in emergency rooms over a two-year period because of the drugs.

Originally posted at InjuryBoard by Mike Ferrara

More Oysters Found To Be Contaminated - Why Risk Food Poisoning?

Mike Ferrara — Sun, 06 Jan 2008 23:37:52 GMT

More Louisiana oysters were found to be contaminated in the latest news from the Food and Drug Association (FDA). As a New Year's resolution, why not resolve just not to eat raw oysters anymore. As someone who did eat a bad oyster from a very good restaurant in Boca Raton, I've had it. Isn't the time long past for the FDA to make certain that the nation's food supply is safe? This shouldn't be a D or R issue. The number of food poisoning cases continues to rise and the government must step in to stop it.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

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

American Car Manufacturers Just Can't Get it Right: 600,000 Dodge Trucks Recalled

Mike Ferrara — Sat, 08 Dec 2007 03:22:25 GMT

About twenty years ago when the Japanese, Korean, and European auto manufacturers were gaining market share on the Big Three [GM, Ford, and Chrysler], people wondered why American manufacturers just could never get it right. Folks bought Japanese cars not to help Japan's economy, but because they wanted an reliable car to get to work. For reasons that should be studied in business schools, the American dinosaurs never got it and continued to get beaten by their foreign competition. In today's latest saga, Chrysler recalled 600,000 Dodge trucks because they could shift from park to reverse while the engine was off. Incredible. Ford had the same problem years ago. The recall affects 576,417 2001-2002 Dodge Dakota trucks, Dodge Durango sport utility vehicles and Dodge Ram vans and the 2002 Dodge Ram pickup. In some cases, long-term wear on the gearshift assembly could erode the height of the shift blocker, creating the potential for the vehicle to shift out of park.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Mike Ferrara

2 Killed 48 Injured Every Week After Being Backed Over - Legislation Urgently Needed

Mike Ferrara — Thu, 06 Dec 2007 09:10:44 GMT

In the U.S. at least 50 children are backed over every week. Forty-eight of those children are treated in hospital emergency rooms and at least 2 children are killed every week because they can not be seen.

Australia has recommend cameras to be installed on all vehicles; but legislation in the United States simply asks for a rear visibility standard to be set. There are two weeks remaining to contact Congress to ask that the Cameron Gulbransen KIDS AND CARS Safety bill (S 694, HR 1216) is passed and becomes law. Car manufacturers that offer reversing cameras as standard or a factory option on some vehicles include Audi, BMW, Ford, Honda, Jeep, Lexus, Mercedes, Mitsubishi, Nissan, Porsche, Subaru, Toyota, Volkswagen and Volvo. Manufacturers installing display screens for audio, GPS and air-conditioning systems can add a reversing camera for a minimal cost. That's why we urge manufacturers to offer reversing cameras as standard equipment to help keep small children safe.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Mike Ferrara