Consumer Safety - New Jersey Accident and Injury Law Blog

A New Name and Address: The Grossman Law Firm, LLC Moves to a new Freehold Office Location

Scott Grossman — Mon, 08 Feb 2010 13:43:44 -0500

This week, I moved my injury law firm practice in Freehold to a brand new building, under a brand new name. So as of the 1^st of February, the Law Offices of Scott D. Grossman is now The Grossman Law Firm, LLC.

Monmouth County residents can locate us at our new office:

The Grossman Law Firm, LLC.

Pinho Professional Center,

57 Schanck Road, Suite C-13

Freehold

The telephone and fax numbers for the Freehold office remain the same.

Phone: 732-625-9494

Web: www.GrossmanJustice.com

Blog: www.NJinjuryBlog.com

Our Northern New Jersey office remains at its current address in Bergen County.

The new expanded premises are at a convenient location, and will help Freehold, Manalapan, Marlboro, Howell, Old Bridge, New Egypt and Jackson area residents, who need to consult with an experienced injury lawyer in Monmouth County.

]]>Those of you who know me on a personal level, or have given me the honor of representing you over the years, know that my objective in starting my own personal injury law firm practice was to help victims of negligence fight for their rights. Over these years, I have noticed how shattered victims of accidents and serious injuries can be. When a person walks into my office, he or she has been through one of the most traumatic experiences imaginable. He or she has often been seriously injured because of someone else’s negligence, and has been off work for several days. Medical debt will soon pile up and he or she may soon find it hard to meet rent, mortgage payments, utility and grocery expenses.

For most of these people, it is the very first time they have been seriously injured. It is also the first time they have been unable to work and support their families. The strain of dealing with physical pain and financial expenses, and worry over a future that is so uncertain - these are some of the common characteristics I see in so many of the clients who walk in for a consultation at my office.

For me, being a personal injury lawyer in New Jersey is not just about helping these people navigate their way through the complexities of the NJ insurance law, and obtain the compensation they deserve for what is often a life altering experience. It’s also about helping them find the resources they need to move forward again.

While there may be nothing I can do to make injured clients or bereaved ones feel whole again, I am committed to doing all I can to put them back on the road to physical, financial and emotional recovery, all with a very personable hands-on approach. As I settle down at our new beautiful, state of the art, conveniently located Freehold office, it’s a commitment my staff and I will maintain.

Wolves Protecting the Sheep? The Sham of Pharmacy Chain Employees on State Boards Guarding Customer Interests

Scott Grossman — Fri, 09 Jan 2009 08:20:08 -0500

USA Today has an interesting report on how pharmacy boards across many states have a majority of their board members made up of employees of major chain pharmacies, ensuring that any oversight of pharmacies or reduction of filling errors is limited at best.

The concept of having pharmacy chain employees on state pharmacy boards supposedly ensures that these boards have the expertise of seasoned professionals to draw from. While that may be true, it also ensures that the boards are staffed with a number of members who act to protect the interests of the pharmacies they work for. It reduces the concept of an "independent" state board regulating and overseeing the functioning of thousands of pharmacies in a state, to a farce.

]]>For instance, in Illinois, the chairman of the Pharmacy Board has a day job as the national director of pharmacy affairs at Walgreen. Similarly, Pennsylvania's Board is chaired by the vice president of pharmacy services at Rite Aid. There are more such examples at Arkansas, Massachusetts and Minnesota where pharmacy chain employees occupy important positions on the board.

Nobody should be too surprised when these board members who have vested interests proceed to veto decisions that are detrimental to the interests of the chain they work for. A perfect example to illustrate the conflict of interest here is the case of Tonya Pearson, a pharmacist at a Jacksonville Walgreen outlet, whose failure to catch a prescription error led to the death of Terry Paul Smith, a construction worker. When the employee came up for disciplinary hearings, a board member who was also a pharmacist at Walgreen, vetoed a fine of $10,000 on the erring Pearson. She got away with a $1,000 fine, and an "education program" to help catch errors – something Walgreen should have put her through before it allowed her to fill prescriptions at their outlet.

Such conflict of interest has riled advocates of better separation between the regulator and the regulated. But, the status quo continues merrily, and the only sufferers are victims of prescription errors like Terry Paul Smith. It's injustices like these that inspire pharmacy misfill lawyers who often turn out to be the only line of defense against well connected, big name chain pharmacies and their widespread sphere of influence.

New Jersey Pharmacy Error Bill Gives Pharmacists Civil Liability Immunity

Scott Grossman — Tue, 09 Dec 2008 12:23:13 -0500

Earlier this year, I had discussed a bill introduced in the New Jersey legislature, called innocuously enough “The Pharmacy Quality Improvement and Error Prevention Act." On the surface of it, the Bill, which was passed unanimously in the Assembly in March 2006, addressed common concerns about the increasing instances of pharmacy errors, and the need for more measures to prevent these errors, and hold pharmacies accountable for the results of any prescription mistakes on their watch. The Bill also included immunity for pharmacists from any civil liability that may arise from prescription mistakes they made. In all the brouhaha over the Bill, its sponsors conveniently failed to highlight this significant point.

Now, an identical bill “The Pharmacy Quality Improvement and Error Prevention Act A-1803" has been introduced in the Assembly by Assemblywoman Valerie Huttle. She has been busy promoting her legislation, hailing it as an effective measure to prevent the number of injuries that occur because of prescription mistakes in New Jersey.

]]>What she does not mention anywhere in her promotion hype, is a small line tucked away in Page 9 Sec C of the bill which says:

A registered pharmacist, who reports information to the board relating to a medication-related error, as required pursuant to subsection a. of this section, shall be immune from liability in a civil action for any injury or damages in connection with that medication-related error.

If the bill becomes law, what it will mean for New Jerseyans, is that in the event that they are injured because of a prescription error, the pharmacist who was responsible for filling the prescription will not be held liable for any injuries that were caused by his mistake. All that's required for the pharmacist is essentially to report his error to the New Jersey State Board of Pharmacy, to get away with a slap on the wrist, and not much more.

As a pharmacy error lawyer, I am all for legislation to prevent errors, and the establishment of an oversight committee that will act as a watchdog to prevent innocent consumers from having to suffer the often dangerous effects of prescription mistakes. What I cannot understand however, is the establishment of a Task Force that has just two members out of its 17 public members, representing the needs of health care consumers. The remainder of the members is made up heavily of chain pharmacies, pharmaceutical companies, and other allied interests.

Throughout the country, we're seeing big name pharmaceutical interests taking increasing precedence over the protection of the consumer. Whether it’s the eagerly awaited outcome of the currently ongoing Wyeth-Levine lawsuit that threatens to take away an individual's right to sue a company for injuries sustained by an FDA-approved drug, or this bill that jeopardizes the rights of New Jersey residents to claim liability when they have been injured because of pharmacy error, increasing legislative interference with the rights of citizens is a dangerous and continuing trend that must be curbed.

Incentive Scheme at CVS Found Linked to Pharmacy Errors

Scott Grossman — Wed, 26 Nov 2008 13:36:53 -0500

It's everyone's biggest nightmare – popping a couple of pills for an ordinary ailment, and discovering later in your hospital emergency room, that the problem could be traced to pharmacy error at your local store. Now, a troubling report by WCNC points to an incentive scheme at North Carolina's biggest chain pharmacy as the cause of a growing number of errors at the franchise.

The company in question is CVS, which has the highest number of stores – 285 of them - in the state out of all the nationwide chains. According to the report, the distinction with other chains doesn't quite end there. CVS also has the highest number of citations from the North Carolina Pharmacy Board for prescription errors. In fact, the Board has repeatedly cited the chain for creating a work environment in which employees are likely to make mistakes.

Regular customers who get their prescriptions filled at CVS are noticing the difference in service, the report says. Staff members often seem to be in a hurry to rush through prescriptions. It's not simply a desire to squeeze more out of their workday that's behind this high speed work environment. As the report points out, the company has incentive systems in place that reward employees based on the volume of prescriptions they fill. In fact, CVS pharmacists routinely receive updates on the amount of extra cash they stand to make depending on how quickly they can fill bottles with pills.

The extent to which CVS has been able to continue this practice unchecked, is shocking. Consider these statistics – the Board of Pharmacy stipulates 150 as the number of prescriptions that can safely be filled by a pharmacist in a single day. At CVS, some former employees have gone on record to claim that on a busy day, it's not unusual for pharmacists to fill as many as 500 prescriptions.

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In one complaint of pharmacy error against CVS that was filed with the Board, a pregnant woman took home what she thought was anti-morning sickness medication from her local Salisbury CVS store. Only, it turned out to be a drug that's prescribed for patients with spinal injuries. When the Board investigated the number of prescriptions that were filled on the day of the potentially tragic mistake – a common practice when pharmacy errors are reported – it was found that the pharmacist responsible had filled 513 prescriptions on that particular day.

CVS itself sees nothing wrong with the speed at which prescriptions are filled at its stores. According to a spokesperson, certain speed is necessary in "specific defined circumstances." The blasé attitude at CVS towards the concerns of the Board and the public, as well as the company's focus on volume and profits at the cost of patient safety, is appalling. But it's far from an isolated case. The push for profits over safety is common to most of the major nationwide pharmacies. The kind of prescription errors that result when pharmacists are counting the dollars that will be chalked up on their incentive sheets, instead of focusing on the name of the medication they are filling out, should be a cause for worry, not only for pharmacy error lawyers, but also consumers.

After Selling Expired Medications to New Jerseyans, Rite Aid Settles with State

Scott Grossman — Tue, 24 Jun 2008 22:16:09 -0500

You have read on this blog my ongoing reporting and analysis of the epidemic of pharmacy errors and the threat to the public that it poses. Well here is a variation on the theme. Today it was announced on NJ.com, that retail pharmacy chain Rite Aid settled a lawsuit with New Jersey for $475,000 for selling expired over-the-counter medications along with expired infant formulas and baby food. According to the article, 42 Rite Aid stores were found selling expired items throughout New Jersey. If the chain, which also includes Eckerd stores, fails to comply with the terms of the settlement over the next year, it faces an additional $175,000 in penalties.

Once again, I implore the public to be extra vigilant when shopping at these pharmacies. It is bad enough that we are forced to defend ourselves against prescription errors at the hands of pharmacists and their technicians; now simply going to the shelves for Tylenol or a can of Similac has become a potential health threat to us as well.

New Jersey Motor Vehicle Safety Course

Scott Grossman — Sun, 08 Jun 2008 20:00:29 -0500

New Jersey car accidents have always been a problem and a local dealership is doing its part to improve motor vehicle safety. According to a Sunbeam article the Pointe Pontiac Buick GMC is offering scholarships to attendees of a driver safety class offered by the AARP at Merion Gardens Assisted Living June 10 and 11. A two day course is being offered which could help lower insurance rates and reduce penalty points on your driver’s license. The AARP requires a $10 cover fee for class materials but the owner of Pointe Pontiac Buick GMC is willing to pay the cost of the entire class. Larry Davis, owner of Pointe Pontiac-Buick-GMC says "We are committed to giving back to our community and this seemed like an ideal fit. We provide transportation and this course helps raise safety awareness which can only benefit our customers and neighbors." The American Association of Retired Persons (AARP) does not require for you to be a member or senior citizen to attend classes or qualify for an insurance discount. This program is a great way to improve driving skills and could refresh a lot of driving techniques that may have been forgotten over the years.

New Jersey has very busy roads during the summer months especially in Monmouth County. As an attorney representing many motor vehicle accident clients throughout the New Jersey and the Monmouth County area, I ask you to be extra careful driving this summer because the roads will get busy as people travel towards the shore to beat the summer heat. According to AARP, the likelihood of attendees being involved in an auto accident or receiving a traffic ticket should decrease by 15 percent following the completion of the two sessions. Being a Monmouth County and New Jersey injury lawyer I would recommend completing some of these courses to help improve driving safety and to help reduce those outrageously over priced New Jersey auto insurance rates.

Children at Increased Risk of Pharmacy Error in Adult Hospitals

Scott Grossman — Wed, 28 May 2008 07:49:28 -0500

As a pharmacy error attorney, I have witnessed first hand many cases where children and adults are given the wrong medication due to medications have similar names and sizes so they are easily confused by pharmacy staff. In addition, children taken to adult hospitals suffer injuries or fatalities because these hospitals carry mostly adult size doses of medication so when a child is treated, their medication is often confused with the appropriate adult size.

According to an article from the American Medical News, a shocking 11% of child patients have adverse drug events during hospital stays. Most of the results came from children staying in adult hospitals and given adult sized doses instead of the pediatric size. Dr. Sharek, chief clinical patient safety officer at Lucile Packard Children's Hospital in Palo Alto, Calif. said “We are so used to writing pediatric, weight-based doses and when children are being cared for at adult hospitals staffed by adult-based nurses and adult-based pharmacists, that's a type of error that could theoretically occur a lot more frequently." The American Medical News goes on to say “The Joint Commission, which accredits and certifies more than 15,000 U.S. health care organizations and programs, said in its sentinel event alert that children are at greater risk for adverse drug events. That's because most medications are formulated and packaged for adults, and most hospitals and emergency departments are geared toward caring for adults.” The Joint Commission is further investigating these problems and suggests that hospitals identify and administer pediatric medications. Frank Federico, RPh, said "Medication should be delivered to the nursing unit or available in ready-to-administer fashion. That way, there is less that nurses have to do and less chance for error.”

Smile! While You Wait at a Red Light, You're on Candid Camera

Scott Grossman — Sat, 22 Mar 2008 14:21:12 -0500

In January 2008, Governor Corzine signed a law which allows cities across the state to install cameras at intersections for the purpose of catching folks who run red lights. Here's how it works: you run red light, and the camera would take a color photo of you mid violation. Then you'd get a ticket in the mail. The bill has its share of supporters and detractors. Some say that the cameras are a good thing because they save lives by preventing accidents and the presence of the cameras reduce the number of red light violations. Others contend that the cameras deny alleged violators the right to confront an accuser in court, that they could possibly lead to innocent drivers being charged and overall their presence will do nothing to deter unsafe motorists.

NJ Drivers Report on NJ Drivers, Roads, Distractions

Scott Grossman — Thu, 20 Mar 2008 09:00:00 -0500

The results are in! The AAA Clubs of New Jersey biannual transportation survey published the results which revealed that the top five safety issues on our roads are:

1. impaired drivers
2. text messaging while driving
3. big trucks that tailgate
4. aggressive driving
5. using a hand-held cell phone while driving.

New Jersey motorists surveyed also identified the top five driver distractions:
1. reading
2. using a PDA or Blackberry
3. personal grooming
4. talking on a cell phone
5. eating or drinking.

NJ ENACTS HAND HELD CELL PHONE BAN WHILE DRIVING

Scott Grossman — Thu, 13 Mar 2008 12:40:16 -0500

Hey New Jersey residents... I know you know this already, but as of March 1, 2008, you can be stopped, ticketed and fined for driving while talking on your handheld cell phone. Get a hands free attachment or use the speakerphone option, or better yet, don't use the phone just to catch up with old friends while you are driving.... Remember, driving while distracted is very dangerous and has led to quite a number of auto accidents... According to National Highway Traffic Safety Administration, nearly 80 percent of all crashes are the result of driver inattention.

Water, Water Everywhere, But Is It Safe To Drink?

Scott Grossman — Thu, 13 Mar 2008 12:23:27 -0500

This is just too much. After drinking gallons upon gallons of bottled water, only to find that some of the water was coming from other municipalities' water supplies (not the deep pure water spring as those ads led me to believe), and after learning that the plastic bottles the water comes in is either a) killing me slowly from the leaching chemicals and/or b) contributing to the hole in the ozone layer, my family and I decided to purchase a filter that attaches to the water tap on the kitchen sink, thinking we were eliminating 99.99999% of all the bad stuff in the water, presumably that the water treatment plant could not do.... BUT NOW I find that the water we are drinking is chock full o' drugs. DRUGS! Yes, DRUGS!!! Antibiotics, birth control pills, pain killers, anti-convulsion medications...the whole spectrum of prescription and non-prescription drugs. I am aghast, I am shocked and disgusted.... And I feel helpless.

I don't care that the water company swears up and down that their water is safe... I don't believe it. I worry about the long term effects of drinking this water on myself and my family. A recent probe made by the Associated Press revealed that during a five-month investigation, drugs were detected in the drinking water supplies of 24 major metropolitan areas — from Southern California to Northern New Jersey, from Detroit to Louisville, Ky.

]]>Do you know how the drugs get into the water? Well, people take medications and their bodies absorb some of the medication, but the rest of it passes through and is flushed down the toilet. The waste water is treated before it is discharged into reservoirs, rivers or lakes. Then, some of the water is cleansed again at drinking water treatment plants and piped to consumers. But most treatments do not remove all drug residue.

You have to read the rest of this article and just see how horrific the situation is... You have to just see what is in the drinking water of cities across the country....

Stay tuned....

The Media Frenzy Seems to have Dwindled, But Recalls Continue

Scott Grossman — Thu, 13 Mar 2008 12:18:23 -0500

Check out the Consumer Products Safety Commission's website for the latest in recalls and defective products. You can even sign up on their website and get alerts sent to your e-mail address.

Today I received the alert that toy airplanes, cars, and motorcycles recalled by S.U. Wholesale due
to Violation of Lead Paint Standard.

Stay vigilant!

Potential New Laws in NJ to Prevent Sales of Unsafe Toys

Scott Grossman — Thu, 13 Dec 2007 21:01:17 -0500

Earlier this week that members of the New Jersey Assembly have introduced some legislation to enhance toy safety and protect New Jersey consumers. One bill would make it illegal to sell a toy labeled as unsafe by federal or state government. Another bill would mandate that retails remove recalled toys from their shelves within 48 hours of receiving notice of the recall. Potential fines for violating these proposed bills could be as high as $20,000. It’s a very good step in the right direction.

NY Toy Stores Still Selling Recalled Toys

Scott Grossman — Tue, 11 Dec 2007 20:53:26 -0500

New York Newsday.com reported earlier this week that despite the almost daily barrage of news of unsafe toys and recalls, stores in New York State are still carrying toys with unsafe levels of lead on their shelves. This is unconscionable, disgusting, and terribly frightening. I have to say that my wife and I are completely baffled by what to buy our son, nephew and nieces for the holidays this year, as everywhere you turn, another toy is deemed unsafe. The Governor of New York, Eliot Spitzer, ordered a statewide probe that yielded the cold hard facts that many toy retailers were selling recalled toys.

The FDA Cannot Protect Us From Unsafe Drugs

Scott Grossman — Tue, 06 Nov 2007 19:43:00 -0500

Yep. It's true, the Food and Drug Administration (FDA), the government agency responsible for overseeing the safety of food, drugs, medical devices, etc., for the American public, is apparently incapable of doing its job. In damning testimony given before the House Energy and Commerce Subcommittee on Oversight and Investigations, witnesses said that the FDA inspects very few foreign pharmaceutical manufacturing companies, and where inspections are actually conducted abroad, they are far less thorough than ones conducted in the U.S. The scary thing is that these foreign drug makers produce about 80 percent of all ingredients used by American drug makers for drugs that are used by the American public. According to the witnesses' testimony, the FDA is required to inspect domestic pharmaceutical manufacturers biannually, but there is no such mandate for foreign drug makers, which when you think about it, it seems counter-intuitive. We inspect companies making drugs etc., on American soil for Americans, but we don't require the same level of scrutiny abroad. And it's not like we can rely on these foreign countries to take the worry out of the scenario for us. Example: the ever growing concern over the safety of Chinese products, from toys, to food, to chemical additives, has added much fuel to this fire. (Remember the Chinese toothpaste laden with a compound used in anti freeze that made its way to our shores?) China does not inspect its chemical companies, not even the ones that export chemical products. It's time to take a stand and demand that this government put the health and safety of its citizens first.

Bayer Withdraws Controversial Heart Surgery Drug After FDA Request

Scott Grossman — Tue, 06 Nov 2007 19:26:21 -0500

The New York Times reported that Bayer A.G. announced that it will withdraw one of its medications used in heart surgery, as it was found to increase the risk of death. The drug, Trasylol, administered to heart surgery patients to reduce excessive bleeding, was found to increase death rates by a Canadian medical study. According to the article, researchers from the Ottawa Health Institute stopped a study of Trasylol in 3,000 heart and valve surgery patients two weeks ago because of the increased death rates. And last year, The New England Journal of Medicine published a study of Trasylol which concluded that the drug increased the risks of kidney failure, heart attack and stroke.

Justice is sought for victim of alleged pharmacy malpractice at Walgreens

Scott Grossman — Wed, 24 Oct 2007 20:51:58 -0500

When I read this story, I was horrified by what happened to a newly pregnant St. Louis woman who went to Walgreens to fill a prescription for prenatal vitamins and was instead given a potent chemotherapy drug that killed her unborn child. The woman and her husband filed a lawsuit seeking some form of justice against the powerful pharmacy chain, alleging that Walgreens failed to properly supervise pharmacy personnel who dispensed the medicine, failed to verify the prescription with her physician, and failed to follow appropriate protocol.

The couple alleges in their complaint that she began to feel ill and began vomiting about a month into her pregnancy and assumed it was morning sickness, all the while taking what she thought were the prenatal vitamins. About a month later, she miscarried her baby. It is alleged that her unborn child was killed due to the ingesting of the potent chemotherapy drug. After her miscarriage, she continued to take the chemotherapy drugs (still thinking they were prenatal vitamins) because she believed that the vitamins would prepare her for a subsequent pregnancy. It wasn't until she telephoned Walgreens for a refill that the pharmacist realized the mistake. Please read the full article. I implore you to write in about your own personal stories pertaining to pharmacy mistakes and errors and your opinions about what has happened to this couple.

Calling all victims of chain pharmacy errors: tell me your story

Scott Grossman — Sun, 21 Oct 2007 20:03:50 -0500

After a few days in the hospital, the drug was flushed out of her system and thankfully Janet was discharged from the hospital and did not suffer any permanent damage. My friend suggested she call me to talk about her experience, something she was not comfortable doing. I respect that, as I am sure she wants to leave the experience in the past, but I cannot stress enough the importance of reporting these types of errors. Pharmacy errors happen all the time, and while many of them do not result in permanent injury, plenty of them can and do. I believe that there is great value to you, the prescription-consuming public, to report every occurrence of pharmacy error and invite anyone who has experienced pharmacy error, whether it be a dosage error, a dispensing error, or an error in how to take a medication, to write me (anonymously is okay) here at the blog and share your story. (You can, of course, call me for a free, confidential consultation, as well). There is power in information and power in numbers. The more anecdotal evidence we can compile about this often swept-under-the-rug threat to public safety, the more ammunition we will have to demand more accountability, and obtain better more effective safeguards and protections.

More recalls due to lead paint violations... this is an epidemic

Scott Grossman — Thu, 23 Aug 2007 10:54:55 -0500

The Food and Drug Administration just issued another series of recalls. See them below. My fellow American parents, if your children's toys are made in China, just throw 'em out...

1. Children's Metal Jewelry Recalled by TOBY N.Y.C. Due to Risk of Lead Exposure
2. Children's Charm Bracelets Sold by Buy-Rite Recalled Due to Risk of Lead Exposure
3. Thomas and Friends, Curious George and Other Spinning Tops and Tin Pails Recalled By Schylling Associates Due To Violation of Lead Paint Standard
4. Martin Designs Inc. Recalls SpongeBob SquarePants(tm) Character Address Books and Journals Due to Violation of Lead Paint Standard