The Ferrara Law Firm, LLC

Cherry Hill Personal Injury Law Blog

New Rule for Nursing Home Agreements Begins November 2016

On Wednesday September 28, 2016 the Centers for Medicare & Medicaid released a new rule banning the mandatory pre-dispute binding arbitration clauses in nursing home patient contracts. Since almost all nursing homes receive money from Medicare and Medicaid this rule is great news for almost all families that have a loved one in out of home care. The rule also improves the training requirements for staff working in nursing facilities.

The Unreasonable Dangers of Xarelto (Rivaroxaban)

Although the television commercial breaks and online communities are overflowing with lawsuits concerning bad drugs and the potential dangers they cause, one in particular caught our attention this year. Bayer HealthCare released Xarelto in 2011 as a anticoagulant and hoped that it would replace Coumadin (warfarin), as a blood thinner that required significantly less labor and time intensive monitoring for patients with atrial fibrillation and those at risk for stroke. The drug was deemed safe by the FDA, but shortly after it started being prescribed a huge and unreasonable danger was brought to national attention. Both Coumadin and Xarelto share the risk of bleed outs, i.e. when the drug that successfully prevents blood clots from forming within the body also prevents necessary clots from stopping bleeding out of the body. However, when this occurred with Coumadin a patient could be administered vitamin K which acted to reverse the effects of the drug and stop the bleeding, but Xarelto has no similar antidote and as such minor injuries can lead to catastrophic results including 151 deaths and 2,081 bleed out incidents within the first year.
If you or a loved one have been injured by Xarelto please contact us. We would like to help. 

The Physician Payments Sunshine Act

Earlier this year a little discussed act went into full effect. Introduced by the bipartisan team of Charles Grassley and Herb Kohl, The Sunshine Act passed as part of the Affordable Care Act in 2010 and required all drug and medical device manufactures disclose and make public all financial relationships and payments with physicians and teaching hospitals. Notably not included in the Sunshine Act tracking is the transfer of any product samples or educational materials, the avenue most citizens believe companies use to pursue their physicians. All payments and transfer of values tracked are additional to the everyday solicitations and free samples consumers have become accustomed to in their medical care.

New Jersey widower's lawsuit stems from 2011 accident

The husband of woman who was killed in a 2011 New Jersey crash has filed a lawsuit against the driver responsible for the accident. This lawsuit comes after a judge found the then 21-year-old responsible for the crash. The widower is seeking more than $100,000 in damages.

Looking back at the fatal accident, the 29-year-old pregnant wife was driving when another vehicle crossed the center line and crashed head-on into her vehicle. The woman suffered severe internal injuries and later died at the hospital.

New Jersey Transit bus accident sends 5 to the hospital

Commuters in New Jersey often rely on mass transit to be able to get to work and run errands. For many of these commuters, hoping on a bus is just part of their daily commute and not one they put much thought into aside from making sure they have the proper fare to be riding.

However, early Thursday morning a commute turned into a nightmare for three passengers and a driver when the bus they were riding on ended up on a front yard in Hackensack. All the commuters and the driver, along with the driver of another passenger vehicle, were taken to the hospital with injuries following the bus accident.

Surgeons who play video games make fewer surgical errors

It is an unsettling thought to even think about, but the truth is that there are surgeons in New Jersey who made mistakes while operating on a patient. For the patient, these mistakes can lead to medical complications and the need for more procedures to correct what went wrong the first time.

Studies focus on surgical errors and try and figure out ways to prevent these mistakes from happening, or at least greatly reduce the likelihood of a surgical error taking place.

Do New Jersey marijuana users pose higher accident risks?

Those with certain debilitating medical conditions in New Jersey can be in the state's Medicinal Marijuana Program. If approved under this program, a patient's physician will determine the proper dosage. The maximum amount is two ounces in a 30 day period.

According to the New Jersey Department of Health, while using medicinal marijuana, patients are not allowed to drive a motor vehicle. The thought behind this is that being high could impair driving and lead to motor vehicle accidents.

Diagnostic errors among common medical malpractice claims

A recent study out of the University of Medicine and Dentistry of New Jersey found that diagnostic errors were the most common reason for medical malpractice lawsuits. There is no doubt that diagnostic errors -- particularly failing to diagnose a serious health condition -- cause severe pain and injuries for patients.

The study looked at medical malpractice cases among 8,401 radiologists. These cases spanned across 47 separate states.

Study analyzes why more women are driving drunk

It is not uncommon to hear about yet another person in New Jersey injured after a drunk driver caused an accident. Afterwards, one may wonder: Just why did that person decide to drink and drive? How come the driver did not just call a cab to get home? Did the drunk driver even realize how negligent their decision to drive way?

Due to the fact that drinking and driving is a real problem in the U.S., a group of researchers recently got together to analyze data on just one segment of drinking and driving: Women who drink and drive. At hand, researchers were looking at why there has been an increase in the number of women arrested for driving while intoxicated.

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