Cherry Hill, New Jersey Personal Injury Lawyer - Grade Crossing Accidents

Three More Die at Grade Crossings - Railroads Need to Find Solution to Continuing Problem

Mike Ferrara — Sat, 08 Mar 2008 16:17:57 GMT

Oklahama was the latest location of recent grade crossing deaths. Three died in two separate grade crossing incidents on the same day in collisions with Union Pacific trains. The dead were teenagers Josh Ertle and Jennifer Gordy who were killed trying to drive around a grade crossing and Jason Checotah, 29, who tried to cross at a closed intersecton. Both incidents happened in broad daylight. Investigators are reviewing video tapes to see what happened. Ertle had enlisted in the Army and was to be sent to Iraq in April. A Union Pacific representative said: "This is a tragic incident and it reinforces the importance of heeding the warnings at the grade crossings," Barnes said. "Our hearts go out to the family members." The railroads know that folks do not heed warnings and therefore they should implement all of the latest safety devices to help prevent these continuing tragedies.

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

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

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

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

Trial Lawyers Meet In Chicago - Vow To Expose The Truth About the Civil Justice System

Mike Ferrara — Sat, 14 Jul 2007 00:50:09 GMT

The American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America (ATLA) begins it's annual convention today in Chicago. The group counts over 50,000 members from the USA and several foreign countries. Their members primarily represent those who have been harmed by careless drivers, bad doctors, and the makers of dangerous products. President Bush has vilified the group and it's members during many of the past State of the Union addresses because his constituents do not share the same views as AAJ. Those opposed to holding Corporate America, insurance companies, and drug companies personally responsible are groups such as the U.S. Chamber of Commerce, the American Medical Association, and the American Tort Reform Association. Those sharinig AAJ's views on many topics are AARP, Mother's Against Drunk Driving, and Public Citizen. AAJ members are the David's taking on the Goliath's of the country, and that is why President Bush, Karl Rove, and the "establishment" are so opposed to them. Polls are now showing that ordinary folks, when given the choice of a candidate who supports them versus those who support the Enron's of the world, choose the candidate who supports their interests. Groundless attacks on trial lawyers and the good work they do isn't resonating much these days on Main Street, USA, something AAJ members can be happy about when they meet this week.

This morning, the American Association for Justice released an important poll. It shows significant anxiety concerning corporate misconduct and large support among voters for a strong civil justice system to ensure corporate accountability and fairness. Key findings reveal that:

* Americans are deeply worried about their nation's future, and concern about corporate misconduct is a major source of their anxiety. "Worried swing voters," who see corporate irresponsibility as a central problem, may play a pivotal role in the 2008 election.

* Voters support the civil justice system as an important remedy for corporate misconduct, and reject legal "reforms" that restrict plaintiffs' ability to hold corporations accountable and obtain fair restitution.

* Voters will support candidates who defend the civil system over candidates who assail "frivolous lawsuits" and advocate "tort reform." Pro-civil justice candidates not only command overwhelming support from swing voters, but also appeal to significant blocks of Republicans.

The report can be found online at: http://www.justice.org/pressroom/CJSPollMemo.pdf.

Originally posted at InjuryBoard by Mike Ferrara

United States Federal Judges Confirm Lack of Frivolous Lawsuits - Prove Tort Reformers' Rhetoric A Lie

Mike Ferrara — Mon, 09 Jul 2007 00:24:17 GMT

In a blow to the United States Chamber of Commerce, the American Medical Association, and the American Tort Reform Association, the Federal Judicial Center has released a report confirming that the rhetoric by these groups about too much frivolous litigation is just a lie. Hopefully, the national media will pick up on this and begin to spread the truth about this topic. The study was done by surveying 278 federal court judges. These are judges appointed for life, many by President Bush and his father. 70% confirm that groundless litigation is either a "small problem" or a "very small problem". 15% found frivolous litigation was no problem at all. These special interest groups only want to close the court house door to those seeking to hold corporations like Enron, bad doctors, unscrupulous drug manufacturers, and drunk drivers personally responsible for their actions. As Michael A. Ferrara, Jr., a past president of ATLA-NJ said: "This study by real sitting federal judges confirms what we have been saying for years. There just aren't the frivolous lawsuits these tort reformers report. We take cases on a contingent fee basis and only get a fee if we recover for our clients. Why on earth would we take a frivolous case, invest time and money into it, only to lose or have a jury find against us? In fact, the contingent fee system weeds out frivolous lawsuits. Hopefully, President Bush will stop referring to "frivolous lawsuits" in his State of the Union address as he has done in the past. Now that his federal judges have told him the truth, maybe he'll listen and get on with more pressing and real problems."

Originally posted at InjuryBoard by Mike Ferrara

Revised Wrongful Death Bill Passes Key Test In New Jersey

Mike Ferrara — Thu, 14 Jun 2007 22:06:29 GMT

An important committee of the New Jersey Assembly voted to revise New Jersey's antiquated Wrongful Death Act that has been in effect since the mid-1800's. The old Act does not allow family members the right to recover for the grief and emotional harm they sustain in connection with the deaths of their family members who were killed as the result of the negligence of others. The new revisions give them that right. Moving testimony from several mothers and fathers who lost their children was heard by the committee, chaired by Assemblyman Neil Cohen. AARP, The New Jersey State Bar, NJPIRG, Mothers Against Drunk Driving, The Sierra Club, and Citizen Action were in favor of the bill. The Medical Society, the Business and Industry Council and various represetatives of the insurance industry were opposed.

Originally posted at InjuryBoard by Mike Ferrara

Memorial Day 2007 - Take a Moment to Thank a Veteran

Mike Ferrara — Mon, 28 May 2007 01:45:11 GMT

Today is Memorial Day. Many Americans are happy they get the day off from work and can spend the time with their families and loved ones. How many really know why this day is important? Let's all honor the men and women who have died in the service of our country during the past 200+ years. They gave the ultimate sacrifice so we can enjoy the lives we have. Try to go out of your way today to say thanks to a vet.

Originally posted at InjuryBoard by Mike Ferrara

Union President Offers Sensible Ways To Improve Rail Safety - Urges Congressional Action

Mike Ferrara — Mon, 28 May 2007 00:19:44 GMT

The President of the leading AFL-CIO union dealing with railroad workers, Edward Wytkind, offers a series of sensible ideas to help improve railroad safety. His proposals set forth in the San Antonio Express-News are reprinted here. Mr. Wytkind is president of the Transportation Trades Department, AFL-CIO. He represents several million rail, mass transit, aviation, highway, longshore, maritime and other transportation workers.

In Oneida, N.Y., it was propane. In Brooks, Ky., it was methyl ethyl ketone. And in Macdona, 17 miles from downtown San Antonio, as residents remember, it was chlorine.

Each community has experienced freight train accidents recently, with chemical spills that killed or injured rail workers and residents. These and other accidents were not caused by bad luck. Rather, they are grim reminders of a rail industry that too often skimps on safety, training, staffing and technology and whose powerful lobby has derailed every attempt by Congress to update federal rail safety laws since they were due for "reauthorization" almost a decade ago.

The new majority in Congress appears poised to get serious about updating rail safety laws. The House is discussing comprehensive legislation that I hope will be passed soon.

With more traffic on the rails, the risks are getting higher -- 1.7 million carloads of hazardous material are transported by rail every year. Just one ruptured rail car of chlorine could kill 100,000 people in a densely populated area, according to a U.S. Navy study.

The Macdona wreck should have been a wake-up call. According to federal accident investigators, the probable cause of the accident was crew fatigue. At issue were Union Pacific's train crew scheduling practices, which had required the train engineer to work long hours in the weeks before the accident.

"Eleven of his workdays were 14 hours, with one day totaling 22 hours," the National Transportation Safety Board found.

At the time of the accident, UP "did not have a formal process by which employees could, without the risk of disciplinary action, decline a job assignment because of inadequate rest," its report says.

The good news is that Congress can fix some of these problems.

The rail corporations refuse to hire the workers they need and instead make employees work dangerously long hours. Workers often put in 12-hour days, wait on their train "in limbo" for up to six more hours until a replacement crew arrives and then must return to work 10 hours later. Workers who maintain railroad signals can be forced to work 20 hours in a 24-hour period.

Better training is essential. Today, new rail employees commonly receive shortened, one-size-fits-all training. More than five years after 9-11, workers still have not been given comprehensive training -- other than a poorly produced 20 minute video -- to know what constitutes a security risk, how to respond when they see suspicious activity or what to do if an attack occurs.

Employees routinely face intimidation and harassment when they report accidents, injuries and potential safety and security problems. Strong whistleblower protections must be added to the law to ensure workers never have to choose between job security and the security of the rail transportation system.

There is too much nonsignaled track or "dark territory" throughout our rail system, despite the fact that signal systems are affordable, simple technologies that save lives. An accident in Graniteville, S.C., in 2005 offers sad evidence. Had technology been installed, it would have alerted the crew that the track was not properly aligned. Signal systems that alert crews to incorrect positioning of track can cost as little as $20,000.

Congress must hold rail corporations accountable by increasing fines exponentially, making it more costly for them to violate safety rules. The average fine assessed to railroads for safety violations or "defects" is $39, according to the Federal Railroad Administration's Office of Safety.

Last, safety inspections currently cover only 0.2 percent of railroad operations, and the Federal Railroad Administration often doesn't follow up to make sure identified problems get corrected.

Our rail system is being pushed beyond capacity as the volume of hazardous materials increases. The railroads are the only ones who will argue that updated safety legislation isn't worth the time and energy. We believe public safety and the safety of rail workers are worth the investment. It's time for Congress to act.

Originally posted at InjuryBoard by Mike Ferrara