John Feroleto, Personal Injury Attorney Blog

According to the New York Times, Beef Products, Inc. is a South Dakota company that essentially uses beef products such fatty trimmings the industry once relegated to pet food and cooking oil, treats them with ammonia to kill bacteria, and puts them back into the market. The trimmings were particularly susceptible to contamination, but a study commissioned by the company showed that the ammonia process would kill E. coli as well as salmonella.
Officials at the USDA endorsed the company’s ammonia treatment, and have said it destroys E. coli “to an undetectable level.” They decided it was so effective that in 2007, when the department began routine testing of meat used in hamburger sold to the general public, they exempted Beef Products. " These trimmings were then sold and included in student lunches. They were also put in products used by fast food chains and grocery chains.

After the USDA was informed by the Times that government and industry testing showed that some of the lunches were contaminated with E. coli and salmonella, the exemtion was revoked. The Times report raises the issue as to whether the ammonia treatment is effective. Further, the Times reports that the Beef Products case reveals a schism between the main Department of Agriculture and its division that oversees the school lunch program, a divide that underscores the government’s faltering effort to make hamburger safe. Further, I believe it speak to the issue as to whether low quality trimmings that would not otherwise be included in food fed to school children should be used simply because it is treated with a chemical such as ammonia. School officials like the product because the Beef Product, Inc. meat is substantially lower in cost. The Times reports that it is a "mashlike substance frozen into blocks or chips, [and] is used in a majority of the hamburger sold nationwide....[and] it has remained little known outside industry and government circles. Federal officials agreed to the company’s request that the ammonia be classified as a “processing agent” and not an ingredient that would be listed on labels." I believe our school children deserve better and that such information should not be hidden from the general public. mmm...delicious...... Paul Becker

Arrow trucking left drivers high and dry- cancelling gas cards-stranded on the road, without warning. Some were without money to get home.A good article is in the CSMonitor and support group has been formed which You can find on Facebook.

We have our share of truck accident claims and know most truck drivers and trucking companies try to do the right thing. The bad ones are dangerous and a poor refection on the industry. What Arrow did was plain wrong. John Feroleto

Labels: bad trucking companies, truck drivers

We started this blog to inform people. To inform them of product recalls, truck accidents and consumer safety. I am proud to be part of that process. But, today, I would like to take that "blogger hat" off and share a story, my story.

I am so proud that I am a future trial attorney. A future personal injury attorney. I see it as the best way to advocate for people, to assure they are not taken advantage of and that they get the justice they deserve.

I have traveled a long road to get here. I graduated law school and am gearing up to take the bar exam. The passing of my friend Rick has let me see how important it is that I achieve my lifetime goal of becoming a "trial attorney."

Rick passed on Saturday after being involved in a fatal auto accident. He was not just my friend, he was my welding partner back when I worked as a MIG welder. It was while at that job that my resolve to become an attorney was solidified.

I witnessed and was exposed to dangerous working conditions. The jig he and I welded our beams on still gives me the creeps. No guards, wet floors, no respirators...But we all worked there so that we could support ourselves financially and for men like Rick, to support their families.

I've been there. I know about workplace hazards. I am blessed to have had that experience because it fuels my fire to advocate for others who are at jobs because they are doing what they have to do to be good providers. The men I worked with will forever be my heroes and I have so much respect for them. I look forward to giving back as an advocate. Here's to wishing no one ever gets injured on their job or in a car accident! But if tragedy strikes I will (we will) advocate for you.

Here's to you Rick. I could not have asked for a better welding partner. Thank you for inspiring me and teaching me so much. We ran some killer beads, my friend. Here's to better working conditions! (Like you and I used to talk about)
Christine Vogel

Labels: personal injury, trial attorney, workplace safety

As a truck accident attorney I see too many horrific truck accidents and car accidents. Lately there have been a rash of them on I-90 and nearby roads, such as route 219. A few safety tips for those traveling for the holidays.

Be aware of the potential for black ice.

Give other vehicles plenty of space.

It is OK to pass trucks, but don't stay along side of them for long periods.

When passing a truck , pull ahead until You can see it's headlights in your rear view mirror before You move back into the truck's lane.

TRUCKS HAVE BLIND SPOTS. Don't assume a truck driver can see You.

Following too closely, it impairs Your ability to see ahead. Seeing ahead is key to preventing a tragedy.

If You are in a car or truck crash, get everyone out of harms way. Often the worse injuries are caused by second collisions or pileups.

Of course, talking and texting are distracted driving. Be safe. John Feroleto

Labels: Safe driving

The New York Times reported today that there needs to be increased safety in highway work areas. Approximately 160 people are killed and 11,000 injured each year from unsafe conditions, just from pavement edge drop-offs alone. The steeper the drop off the more dangerous the condition becomes. "There are virtually no laws or regulations mandating safety measures, only loosely enforced standards that differ from state to state. As a result, there are few penalties levied against contractors when...guidelines are violated." Highway work zones across the country that have killed at least 4,700 people — more than two a day — and injured 200,000 in the last five years alone. It was reported that there are virtually no laws concerning that matter and that standards are loosely enforced. Although most of the time drivers are blamed, it was reported that studies show that work zone areas highly increase the number of accidents. Sometimes hundreds of accidents will occurr over the life of a project.

It was reported that "Yet while federal regulators carefully track the ways motorists cause accidents, they do not make the same attempt to determine when contractors and state highway planners are at fault, and as a result, work-zone crashes are often under-reported or inaccurately reported. That task is left mostly to the imperfect forum of civil courts, where cases are often settled in secret and where important revelations about unsafe construction practices remain unseen and unheeded." Paul Becker.

Wishing everyone Happy Holidays!! Merry Christmas, Happy Hanukkah, Happy Kwanzaa, Happy Solstice....

Wishing you all good health, lots of love, warmth and joy this Holiday Season!

Please know, we have winter gloves for those in need in our office lobby. Please stop by: 438 Main Street, Buffalo. Suite 910 (9th floor). Please, help yourselves and if you want - say "hi" too, we love visitors and usually have coffee brewing. OK, OK, truth is....we always have coffee brewing. :)

Much love to you all!! Again, Happy Holidays!
Christine Vogel

Every year during the Holiday season Child & Family Services here in Buffalo, NY holds their Adopt-a-Family program. The program matches donors with needy families in our city.

This year, attorney Paul Becker adopted a family through the program and reached out to our office for help in providing gifts to a needy family. All of the attorneys and employees at Suite 910 of the Main-Court building contributed generously to the cause.

Child and Family Services provided Paul with two names, a mother and her son and a wish list for each. There were no wishes for video games on this list rather the wishes were basic needs: warm clothes, shirts, gloves...

Paul placed two boxes in our communal copy area and asked his coworkers to chip in, if they could. Over the week the boxes were quickly filled. The single mother and her son I am sure will be excited to see the Sabres and Bills clothing, hats, gloves, books, TOPS gift card, books, scented lotions, bus tokens and other goodies.

If you are interested in this program please click on the link above.
Christine Vogel

The New York Times has reported that, "Sanofi-aventis," a producer of one type of swine flu vaccine has recalled 800,000 doses of the vaccine due to lack of potency.

The doses being recalled are low dose vaccines intended for babies between 6 and 35 months of age.

However, most of the doses have most likely already been administered to babies. Dr. Schuchat, director of the National Center for Immunization and Respiratory Diseases has stated, "We think children who got the vaccine are fully protected, assuming they got the two shots we recommended for that age."
Christine Vogel

Labels: babies, recalls, swine flu, vaccine

MSN reported today that over 50 Million Roman and roll-up shades are being recalled due to risk of strangulation. The U.S. Consumer Product Safety Commission announced Tuesday that about 50 million window coverings need to be repaired to make them safe for kids. About 5 million Roman shades and 3 million roll-up blinds are sold each year. They reported that 8 children have died and 16 have been injured since 2001. It was reported that the CPSC has issued so many recalls for different types of Roman shades and blinds, the agency is now considering new mandatory design standards to keep kids safe. This is a example of a product that should have undergone rigorous study and testing before it hit the market. Paul Becker.

The Buffalo News reported today that Colgan Air says the probable cause of February's fatal crash in Clarence Center that claimed 50 lives was the pilots' "loss of situational awareness and failure to follow Colgan Air training and procedures, which led to a loss of control of the aircraft." The regional airline company, in a 66-page report to the National Transportation Safety Board, also cited as contributing to the crash the lack of low-speed warnings in the cockpit instrument panel on the Bombardier Dash 8-Q400 turboprop. It was also reported that the pilots union said a combination of factors caused the crash. The union cited Colgan for failing to adequately prepare the pilots for the conditions that faced them Feb. 12, when the aircraft went into an aerodynamic stall and spun out of control.The two reports were submitted Dec. 7 as the board continues to investigate the cause of the turboprop crash. Paul Becker

A Snyder mother of two lost her life when a tractor trailer drove into the rear of her stopped car on I-90 in Pembroke New York Saturday. The woman had hit a deer, was stopped unable to get her car out of the traffic lane.

Deer running in front of or into vehicles is a regular problem for I-90 drivers.

A short time later a trooper who responded to the first crash was injured when her patrol car was struck. State police investigation is continuing. Truck drivers may have computers, cellphones or other distractions to take their eyes off the road ahead. The Buffalo News reported. John Feroleto

Labels: I-90

New York State police report a double deck bus was blown over early this morning on interstate 90, near Buffalo, New York causing 9 of 13 occupants to be transported to hospital. The conditions included snow and winds from a storm system affecting a large part of the country along with lake effect snow bands from Lake Erie. John Feroleto

As reported by The Chicago Tribune, the death of two babies has prompted Amby Baby USA to recall approximately 24,000 "Amby Baby Motion Beds."

The babies were caused to suffocate after becoming wedged in the hammock's fabric and/or mattress pad.

I can not even imagine the incredible sadness and anger the parents of these infants must feel. There have been far too many instances of defective baby products causing deaths.
Christine Vogel

Labels: baby cribs, dangerous products, defective products

20 percent of the nation’s water treatment systems violated important provisions of the Safe Drinking Water Act in the last five years, a New York Times analysis of federal data shows. Included is the water of major cities Full article at New York Times

Contaminants we are drinking include arsenic , radioactive substances like uranium, and dangerous bacteria found in sewage. "fewer than 6 percent of the water systems that broke the law were ever fined or punished by state or federal officials"

Studies suggest "drinking water contaminants are linked to millions of instances of illness within the United States each year." John Feroleto

Labels: chemicals, contamination

The Buffalo News reported today that the Aquarium in Niagara Falls is going to undergo an expansion that will modernize the facility. This is intended to double the size of the 45 year old attraction. The expansion is still in the early stages. The News reported that they plan to submit an application next month for a $5 million state grant for the project, and will reach out to regional organizations for support during the coming weeks. The News reproted that "The aquarium is one of several local organizations trying to tap into the $120 million Upstate Blueprint Fund, managed by the state economic-development agency Empire State Development Corp." I believe that this would be an important upgrade to the Niagara area that will help increase tourism and add much needed improvements to the Niagara economy. Paul Becker

BPA nine of 10 babies tested were born with bisphenol A in their systems as reported yesterday.
Previous studies have found BPA in the urine of 93% of Americans tested. The last study tested the umbilical cord blood of U.S. newborns.

6 billion pounds of BPA are used annually in making polycarbonate plastics and epoxy resins The used in thousands of common products, including the lining of nearly all food and beverage cans and paper receipts.

BPA, was developed as a synthetic estrogen, has been linked to breast and prostate cancer, cognitive and behavioral problems, reproductive failures, heart disease, diabetes, asthma and obesity. What is outside of us is inside of us. John Feroleto

Labels: bisphenol A, BPA, children, Toxins

As reported in the San Francisco Chronicle, The United Supreme Court found evidence that Ford Motor Company was well aware that their Explorer models were not only prone to rollovers but that the vehicles also had a weak roof - yet they chose to ignore this problem.

What deeply disturbs this author is that the cost to Ford would have been $20.00 per vehicle to make the roof stronger. Instead of making these low cost modifications, Ford put the vehicle on the market.

Now, instead of paying $20.00 per vehicle to make the SUV safe for all, Ford will be paying $55 million dollars to a San Diego woman in punitive damages after she was rendered a paraplegic when her Explorer rolled and the roof crumpled in on her.

I find this example of putting profits over people absolutely disgusting. A mere $20.00 modification could have prevented this tragedy.
Christine Vogel

Labels: dangerous products

The AAJ reported today that CVS is being sued by the Connecticut Attorney General for selling expired over-the-counter medications. An investigation revealed 20 or more stores selling such products in the state. The investigation showed that half of all stores investigated were selling the expired medication or other products. Among the products being sold were cough and allergy medications, dairy products, and baby formula. Some of the stores had already been found in the past to have been doing the same thing. I believe it would be easy enough for CVS to track these medications with the use of simple computer applications and other devices. Paul Becker.