Bill to Combat Underage Drinking-Related Car Accidents in New Jersey

On January 13th, a new bill that seeks to establish a Task Force on Underage Drinking in Higher Education was introduced in the New Jersey Senate. If passed, the bill will set up a task force consisting of 20 members who will be responsible for recommendations for effective ways of combating underage drinking in colleges. These 20 members will be sourced from several New Jersey colleges as well as representative of alcohol retailers. The task force will include the chairman of New Jersey Commission on Higher Education and the director of the Division of Highway Traffic Safety, law enforcement agencies, college representatives as well as representatives from Mothers Against Drunk Driving. All members will be appointed by Governor Jon Corzine.

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Passaic Worker Killed in Monmouth County Construction Accident

A 58-year-old construction worker from Passaic County was killed in an excavator accident in Monmouth County on Monday afternoon. Juan Rivera was run over by an excavator while he was working at a house in Holmdel.  The house was being renovated after it suffered extensive damage in a fire last year.  Rivera and another worker from Teaneck, Bergen County were involved in the installation of a septic system. The Teaneck worker was in charge of operating an 11 ton hydraulic excavator. According to police, it appears that the operator was backing up the excavator when Rivera walked right behind it. Both men were employed by a Franklin Lakes, Bergen County landscaping company.

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More Pedestrian Accident Deaths in Monmouth and Ocean County

Two fatal pedestrian accidents, one in Tinton Falls in Monmouth County and the other in Point Pleasant in Ocean County, have been reported. In the Tinton Falls accident, 21-year-old Patrick Ryan was killed when he was hit by a truck in the middle of the night.  According to the driver of the box truck Charles Luckey, Ryan was wearing dark colored clothing and he saw him only when it was too late to avoid hitting him. Ryan was rushed to Jersey Shore University Medical Center in Neptune, but was declared dead. In the other accident in Point Pleasant, a 53-year-old woman was hit while crossing route 88. The accident occurred on a Sunday night, and the victim Virginia Byron was rushed to Ocean Medical Center in Brick where she was declared dead. According to the driver of the car that struck Byron, she was wearing dark colored clothing and he did not see her until the pick up truck hit her. In both cases, Monmouth County and Ocean County teams are investigating each accident.

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Atlantic County Teen's Accident Death Could Lead to New Jersey Ignition Lock Law

Carrying on in the tradition of legislation named after victims, aimed at preventing repeats of the heinous actions that cost their lives, new legislation that will require drunk drivers in New Jersey to install ignition lock devices on their cars, could soon be passed.

The bill is called Ricci's Law, named after Ricci Branca, a 17-year-old boy from Egg Harbor Township, Atlantic County who was killed in a drunk driving accident. Ricci was biking to Ocean City with a bunch of friends, when Stephen Fench slammed his car into the group. The friends escaped with minor injuries. Ricci died from injuries sustained in the crash. Fench, it was revealed later was not only a repeat DUI offender, but had a blood alcohol level of .339 at the time of the crash. That's more than four times the legal limit in New Jersey of 0.08.   The police reported that  he spent the four hours before the accident drinking up to 10 glasses of wine at a nearby bar. Since, then Fench has been sentenced to 16 years in prison.

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Man Killed in Franklin Pedestrian Accident

A pedestrian accident in Franklin Township, New Jersey brought home once again how much in danger pedestrians are as they use our streets. Israel D. Hernandez D. Garcia was crossing the road when he was struck by a car. By the time paramedics arrived at the scene, he had suffered massive head trauma. Paramedics were unable to revive him, and he died at the scene of the accident. Investigations into the accident, by both the Franklin Police Department as well as the Somerset County Prosecutor's Office Collision Analysis Reconstruction Team, are ongoing.

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Group Calls for Cell Phone Ban to Tackle Accident Rates Related to Phone Use

Image Courtesy: Flickr - Mike Dakinewavamon Kline

New Jersey has the distinction of being one of the first states to clamp down on the use of hand held cell phones, but now a national safety group is calling for a nationwide ban on cell phone use while driving to eliminate one of the biggest causes of auto accidents.

Drivers in NJ are banned from talking on a hand held phone, or text messaging on one, and teen drivers are banned from all cell phone devices behind the wheel, but the state doesn't have a complete ban on cell phone use by motorists. In fact, no state in the country has a complete ban in place. That needs to change, say the National Safety Council whose President Janet Froetcher has called for a ban on all cell phone devices, both hand held and hands free. The reason for the push for no cell phone use in a moving vehicle is the growing number of automobile crashes that are being linked to these accidents. Ever since these devices became a part of our lives, cell phone usage while driving has become the biggest distraction to motorists, ranking above turning on the radio, reaching for something, or eating in the car.  

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Cranbury Man Dies After Sky Diving Accident

It's the kind of nightmare you wouldn't wish on your worst enemy - a 22-year-old resident of Cranbury, Middlesex County was killed in a skydiving accident when equipment problems had him falling out of his harness and plummeting to the ground.

The accident reportedly occurred at Skydive Sebastian, a recreational center in coastal Florida where Daniel Kulpa was enjoying an adventure vacation with some of his friends from New Jersey. Kulpa was a graduate of the Scotch Plains Fanwood High School right here in New Jersey, and was studying electrical engineering at the Mercer County Community College. He worked part time at a Cranbury technology firm, and even ran his own telecommunications company. He had discovered the thrills of skydiving a couple of years ago, and since then had completed more than 100 jumps.   So the question is, how did a fit, young skydiver with plenty of jumps on his record meet with such a tragic accident?

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Passaic County Woman Killed in Pedestrian Accident

A Passiac County woman was killed in a pedestrian accident in Wayne after being struck by a car.  52-year-old Kathleen Sullivan was knocked down by a Mazda driven by Anthony S. Fusco as she walked at an intersection on the 23rd of December at about 7 in the evening.

She sustained severe injuries in the accident, and was rushed to St. Joseph's Wayne Hospital where she died as a result of her injuries. The Passaic County Prosecutor's Office is investigating the accident, and has asked anyone with any information on what happened at the scene of the crash, to come forward. Investigations will take a while to complete and we can only then expect a clear picture of what happened at the Hamburg Turnpike and Leonard Terrace intersection where Sullivan died. 

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Increase in New Jersey Bicycle Accident Fatalities

  Image courtesy: Flickr - MoBikeFed

When gas prices began their stratospheric rise over last spring and summer, more New Jersey residents threw away their car keys, and dusted off their bicycles to be able to cope, a move that is being pointed to an increase in the number of deaths in bicycle accidents across the state.

As of early December, a total of 22 people had been killed in bicycle accidents in New Jersey compared to last year, as well as the year before. In fact, the fatality numbers this year are the highest they have been in six years. Most of the fatalities that occurred as a result of bicycle accidents this year, including the three that took place in Morris County, were related to people who were going to or returning from work at the time of the crash.  The numbers have been distressing enough for the New Jersey Division of Highway Traffic to plan new safety initiatives targeted at the bicycling community before the new year.

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Focus on Burlington City, NJ Dangerous Road after Spate of Accidents

Route 130 in Burlington City, New Jersey is receiving unwelcome publicity for the number of accidents that routinely occur here. Just this week, a 4-year-old boy was killed when a pick up truck slammed into him as he crossed the street with his uncle. The boy died at the scene of the accident.

Pedestrian accidents have become far too frequent on this stretch that has the distinction of being voted the most dangerous road in New Jersey by a transportation advocacy group. In all, between 2005 and 2007, a total of nine pedestrians were killed on the road. Now, city authorities are making efforts to stem these growing numbers of accidents.   Since the beginning of September, traffic enforcement officers have stepped up efforts on Route 130, and over 200 vehicles have been stopped. 199 traffic summons have been issued, including several for running red lights, using a cell phone while driving, speeding, and the rest for seat belt, and stop sign violations. 

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New Jersey Pharmacy Error Bill Passed by Senate Committee

The New Jersey Senate Health, Human Services and Senior Citizens Committee has unanimously passed an identical version of "The Pharmacy Quality Improvement and Error Prevention Act" A-1025. The new bill is identical to the one I discussed in April of last year, with almost the same provisions and the same language.

This bill titled "The Pharmacy Quality Improvement and Error Prevention Act S-409" has been introduced by Senator Jeff Van Drew, and claims to seek to establish strong measures to prevent pharmacy errors across New Jersey. These measures include the creation of a Medication Error Prevention Task Force consisting of 24 members, that would be responsible for providing guidelines for the improvement of pharmacy quality control standards, and to reduce the number of errors that occur at New Jersey pharmacies.   The bill also require pharmacies in the state to monitor and review any pharmacy errors that may occur, and also mandates the State Board of Pharmacy to release regular alerts about prescriptions drugs that have similar sounding names, so that the frequency of errors is reduced. Pharmacists are required to report any medication errors occurring on their watch to the Board of Pharmacy.

So far, so good. 

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Atlantic City, NJ Santa Suffers Animal Attack

It was a routine picture session at an Atlantic City, New Jersey fundraiser to benefit a pet charity, until the Santa who was the star attraction of the photo session, was bitten by a large cat in an animal attack at the venue. The incident occurred at an Atlantic City PetsMart store where Jonathan Bebbington who was playing Santa for the day, was posing for photos with pets in an effort to raise funds for the Penny Angel's Beagle Rescue.

According to witnesses, a woman walked into the store with an extra large cat that not everybody instantly recognized as a bobcat. The animal was already antsy, what with all the pet dogs who had gathered with their owners for their photo shoot, and when it was placed on Santa's lap for the photo session, it bit his hand and wrist ferociously. Bebbington suffered a number of wounds that actually bled. As he said later, the cat had a vicious and strong bite, and if it had been a little child or baby instead of him, he or she could have ended up with a severed hand.

The woman who owned the exotic pet, apparently, walked away from the store after the incident, claiming that she had a license to keep the cat, and it had been through all its vaccinations. She didn't leave her name and address, and Bebbington is worried about the vaccination status of the cat. If he doesn't get in touch with her soon, he will have no choice, but to go ahead and receive painful rabies shots for the wounds.

PetsMart meanwhile, has stepped in to take care of his medical bills. Bebbington is no stranger to handling exotic animals for photo shoots. In his years of playing Santa, he says, he has posed with snakes, horses and a range of other animals, and never been attacked like this.
 

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New Jersey Pharmacy Error Bill Gives Pharmacists Civil Liability Immunity

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.  

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New Jersey Jury Awards $12.89 Million in Accutane IBD Verdict

A New Jersey jury has awarded three persons combined compensatory damages of $12.89 million in an Accutane lawsuit against pharmaceutical company Hoffman La-Roche for its failure to adequately inform them of the dangerous side effects of  its popular anti-acne medication, Accutane.   The verdict by the Atlantic City, NJ jury was only the most recent in a string of judgments against Hoffman La-Roche in courts in other states, over allegations that the anti-acne drug had caused severe bowel maladies that persisted even after discontinuation of the drug.

The three plaintiffs, Kelly Mace, Jordan Speisman, and Lance Sager, all Florida residents, began taking Accutane about a decade ago for treatment of acne. They were in their teens, and the drug had been prescribed to them by their doctors. Soon after, the three began to experience symptoms of Irritable Bowel Disease (IBD) that soon flared into full fledged forms of the condition, including Ulcerative Colitis, and Crohn's Disease.  Speisman will soon undergo surgery to remove his colon, while Sager and Mace will need to continue drug therapy to control their symptoms for the rest of their lives. Worse, all three are faced with a life that has an increased risk of colon cancer

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Bar Loses Appeal for Failing to Prevent New Jersey Car Accident

 A New Jersey go-go bar has lost its appeal to hold on to its liquor license in the aftermath of an automobile accident that killed two people back in 2000. The bar, Cheerleaders located in Brooklawn, had its appeal overturned, and an earlier decision to repeal its license by the Alcoholic Beverage Control division in New Jersey, was upheld. Cheerleaders has about six months to sell off its license, and pay a fine to ABC.

The case goes back to April 2000, when a patron at the bar, 23-year-old Humberto Herrera-Salas was served alcohol even after it was obvious that he was intoxicated. Other regulars at the bar were quick to notice that Herrera-Salas was already drunk as he walked into the bar, and drunk driving experts later calculated that his blood alcohol level had to have been at least .18 by the time he entered Cheerleaders. At the bar, Herrera-Salas went on to down three shots of tequila and three beers. When it became obvious that he was too intoxicated to be hanging around the bar any longer, employees forced him outside, and even called a cab to drop him home. 

 

What happened next seems to have been the crux on which the appellate court upheld the decision to repeal the bar license. The employees should have made sure that Herrera-Salas was safely inside the car, and on his way home. Instead, they left him to his own devices, and went back inside the establishment. Herrera-Salas, too drunk to care, simply got into his car, and sped out of the parking lot.  A few minutes later, he was driving south in the northbound lanes of Route 130. The car accident when it did occur, was devastating in impact. Herrera-Salas' car crashed head on into a vehicle carrying a couple from Gloucester City. Patricia and Robert Reed were killed in the crash, and at least two passengers in their car were seriously injured. 

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Incentive Scheme at CVS Found Linked to Pharmacy Errors

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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NJ Baby Girl Dies After Dog Attck

A 6-day-old baby girl, fatally attacked by her family dog over the weekend, died from her injuries at Morristown Memorial Hospital. The baby was attacked in her crib by the family's three year old Husky.

Our sincerest condolences go out to her family.

Data released by the Centers for Disease Control in Atlanta, 2% of the American population is bitten by a dog annually. That’s over 4.5 million people, and of those bitten by a dog, most of them are children between the ages of five and nine. And of those 4.5 million people who are attacked by a dog, 20% receive treatment from a medical professional, and 20 people suffer fatal injuries.

Dog Bite Safety Information

A dog attack can not only be physically painful but also emotionally scarring. According to a Rush PR News article there are several ways to prevent a dog attack and how to handle your self if involved in one. “Avoid making eye contact with the dog. Dogs perceive eye contact as a challenge and a threat. Look slightly down or aside of the dog, but keep him in your vision. Avoid smiling at the dog. You may be putting on a friendly face, but an aggressive dog sees you baring your teeth for a fight. Look for warning signs. Most dogs are not aggressive but rather just curious or defending what they perceive as their territory. It is important to be able to tell if a dog is just playing or is being truly aggressive. If the dog approaches you with its head held high or low, it is probably not going to attack. A dog whose head is level means business.” There are many more tips on how to prevent a dog attack and what to do after involved in one in the article.

            As a dog bite attorney lawyer covering Freehold, Manalapan, Marlboro, Howell, Jackson, Paterson and all of central and northern New Jersey and know how physically painful and emotionally traumatizing a dog bite can be. The article cited above provides a lot of good information on how to handle dog bite attacks and how to care for the injury afterwards. Some important statistics cited are “In the US alone, nearly 5 million people are attacked by dogs per year, and 1,000 people go to emergency rooms per day as a result of a dog attack; many of them are children, and about half of them have been bitten in the face.” Dog attacks are a serious problem throughout the country and New Jersey is no different. I suggest reading the article several times so you can be well informed on what to do if a situation arises. I hope this information can be useful to your family and friends in helping to prevent dog bite attacks.

Congo's Law As Introduced Would Further Endanger New Jersey Communities


Okay now I am enraged.  I just watched an interview on News 12 with Congo’s owner, Guy James and he stated that the reason why he put his dogs down is because he knows the statute and that he would not want to put his dogs or his family through this when the dogs would have to be destroyed anyway.   What about his concern for his mother-in-law, a 75 year old woman who endured massive amounts puncture wounds and lacerations this past Tuesday?.  What about the safety of his family and the rest of the local community?  In a separate interview, Mr. James  stated that this time the dogs merely “jumped” on the victim when she opened the door to go outside without realizing that the dogs were outside.   In the first dog bite attack back in November 2007, thousands were in support of Congo surviving dog death row if in fact Congo was provoked by its victim.  This seemed to make perfect sense to me. The Municipal Court Judge declared Congo vicious notwithstanding the apparent fact that Congo’s attack seemed to be provoked by the actions of its victim.  This inflamed the conscious of thousands of dog and animal lovers.  So much so that rallies were organized under the theme of “save Congo”.  Additionally, over 10,000 pleas were sent to Governor Corzine to spare Congo’s life.  Then the Superior Court of New Jersey reversed the Municipal Court ruling and allowed Congo to go home.  While I do not have the transcript of the Superior Court’s decision, I assume that it was decided on the basis that the municipality failed to prove that the dog was not provoked as required by N.J.S.A. 4:19-22   Out of these highly publicized, emotionally charged events a bill was introduced in the NJ Assembly in December 2007 as No. 4597 sponsored by Assemblyman Neil Cohen with the intent of revising the vicious and potentially dangerous dog law; designated as Congo’s Law.

Of course when a highly publicized incident occurs, legislative officials often take swift action to introduce legislation that will attempt to minimize or avoid the likelihood of the same type of events occurring in the future. This undertaking may be borne out of a genuine concern for doing what an individual believes is the right thing to do or may be the result of political pressures or a combination of the two.   Unfortunately, portions of “Congo’s Law” would likely, in my humble opinion, place New Jerseyans in actual danger of additional vicious dog bite attacks while sparing the lives of dogs that have already attacked persons that resulted in serious bodily injury or even death.  Now don’t get me wrong, I want to be clear that I am a dog and animal lover. I believe wholeheartedly that animals should never be abused for purposes of someone’s warped entertainment and any individual intentionally abusing an animal should be fully prosecuted under animal cruelty laws.  However, common sense mandates that if a domestic animal attacks a human being resulting in serious bodily injury or death, now we put the risk of harming persons above the value of the animal’s life.  We cannot put the safety of our children or our loved ones at risk of physical harm in order to preserve the highest burdens of proof.  Most rational persons would agree that to grant animals the same rights as our citizens is purely absurd. Believe it or not, this in essence is what certain provisions of the Congo Law would require if enacted.  For example, under the current law if after an attack the dog is declared vicious by a municipal court judge, meaning it killed a person or caused serious bodily injury then the dog shall be destroyed in a humane manner. See N.J.S.A. 4:19-22.  The Congo law would allow the municipal judge discretion in allowing the dog to return home even if an attack occurred resulting in serious bodily injury or death and where it found that the dog is declared vicious.  Then the court would require its owner to obtain a special municipal vicious dog license, orange identification tag, a municipal registration number, and maintain liability insurance.

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Motorcycle Accident Results In Traumatic Injuries

Motorcycle accidents and related fatalities and traumatic injuries is a serous problem in both New Jersey and our neighboring states. A recent article from The Express-Times reports a 27 year old was recently riding his motorcycle south on Route 611 about 2 a.m. when he veered into the northbound lane and crashed into a curb apparently suffering serious injuries. The police do not know what caused the rider to crash into the curb and the crash is under investigation.

 As Monmouth County and New Jersey motorcycle accident attorney I have witnessed first hand the devastating life altering effects of motorcycle crashes. In this particular situation there could be many factors that made the rider swerve into the opposite lane leading him to strike the curb. What ever the cause of the accident may be, drivers on the road have to make sure they are careful around motorcycle riders. A simple act of having your high beams on can blind a driver and when the driver is a motorcycle rider they can more easily lose control and crash. One way to simply lower the motorcycle fatalities is to always keep a safe distance between your vehicle and the motorcycle and always proceed with caution before entering into a turn or a lane change. Motor vehicle drivers can do their part by being more responsible on the road and hopefully motorcycle riders will do their part by taking the right safety precautions.


 

Alcohol Related New Jersey Car Accident Leaves Grocery Shoppers Injured

We all know that drinking and driving often results in death, serious injury or the destruction of life.  A recent local news story reported an accident in South Jersey recently sent several innocent grocery shoppers to the hospital. A car spun out of control and slammed into 3 people - two of them were in wheelchairs. The police are saying the driver was intoxicated when she crashed into pedestrians on a Shoprite sidewalk in front of the store.

 As a Monmouth County and New Jersey car accident attorney I have represented hundreds of victims that suffered critical injuries because of alcohol related car accidents.  This news story above highlights a all too common scenario whereby alcohol appears to have impaired this driver’s sense of judgment. The alleged intoxicated driver may have destroyed the lives of these innocent grocery shoppers who never would have imagined that they would fall victim to a drunk driver while going through their normal every day routine of pushing their grocery carts at their local supermarket.  Drinking and driving frequently leads to victim's extreme suffering.  I have witnessed first hand clients that have suffered at the hands of drunk drivers’ : traumatic brain injury, loss of limbs, spinal cord injuries including paralysis fractures, herniated disc injuries leading to spinal fusion or inter-body fusion surgery and a myriad of other life altering injuries and even death.  So as a seasoned New Jersey and Monmouth County accident attorney lawyer I can attest unequivocally that alcohol mixed with driving of motor vehicles, motorcycles or trucks many times equates with the total destruction of innocent life and also destroys both individuals and their families.  We can significantly reduce the number of serious injuries and fatalities in New Jersey by never ever driving while intoxicated or in any way impaired.  

New Jersey Motor Vehicle Safety Course

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.

The Number of Traffic Fatalities in New Jersey Are Down

New Jersey traffic accident related fatalities have statistically decreased by 17 percent over the past 12 months however, the actual number of deaths remains at an unacceptable horrifying 207 between January 1st and May 17 of this year. These statistics were reported in a recent Today’s Sunbeam article that interviewed New Jersey State Police Colonel Rick Fuentes. Fuentes stated…“ As alcohol related crashes make up a large percentage of fatalities, the focus of our communities must be first devoted to both deterrence of drinking and driving and secondly to the enforcement of DWI related offenses. 

State Police Deputy Superintendent of Operations Juan Mattos said, "Four of the seven fatal motor vehicle accidents on Memorial Day 2007 were alcohol related. This is a pointless waste of lives we will attempt to avoid by relentlessly pursuing intoxicated drivers." Superintendent Fuentes added "We can only do so much to encourage safe behavior. In the end, New Jersey's drivers must decide to act responsibly."

As a Monmouth County and New Jersey auto accident lawyer attorney, I have witnessed over the past decade the horrific shattering of lives far too often as the direct result of alcohol consumption while driving cars, trucks and motorcycles. Obviously, we should never ever drink and drive. More safety tips can be found at The American Society of Civil Engineers link and I hope this information will be useful and if applied may even help to reduce the number of traffic related fatalities and severe injuries.

New Jersey Motorcycle Accident Leaves Two People Injured

A motorcycle accident that recently occured left two people seriously injured. According to a Trenton Times article 31 year-old Dheeraj Kalpish and 26 year-old Jessica S. Zito were traveling westbound on 1-195 when their motorcycle crashed into the rear of a car directly in front of them. The impact threw both of them about 30 feet off the motorcycle leaving them in critical condition. According to the State Police, Kaplish was rushed to the Cooper Hospital-University Medical Center in Camden, by a medical helicopter. Jessica Zito was transported to the trauma unit at Capital Health System at Fuld hospital in Trenton, by an ambulance. 

As a Monmouth County New Jersey Motorcycle accident lawyer attorney I have seen first hand the devastating toll that motorcycle accidents have taken on its victims and families. It was not reported in the above article whether the car in front of the motorcycle suddenly stopped short (a very possible scenario).  Regardless of whose fault the crash was, we know for certain that New Jersey's over crowed highways and major roads can be a most dangerous place for motorcycle riders.


 

Children at Increased Risk of Pharmacy Error in Adult Hospitals

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.”

DOG BITE ATTACKS CAN CAUSE BOTH PERMANENT PHYSICAL SCARRING AND PTSD

Yet another pit-bull attack in New Jersey resulting in serious wounds.  The Star Ledger recently reported that a 41 year-old woman from Union City was in her son’s apartment when her son’s two pit bulls attacked each other.  The woman and her son attempted to break up the fight when one of the pit bulls attacked them. The son received a minor bite on his hand and did not want to receive any medical attention. However, the woman had several puncture wounds on her right arm and was taken to the Jersey City Medical Center.

As a New Jersey dog bite lawyer, I can say that many of my clients have been attacked by pit-bulls or mixed breeds that likely had some pit bull in them.  However, the attacks also occur from a multitude of breeds and mixed breeds. The leading studies also reinforce this data. 

It has been my experience that the more severe dog bite victims often endure severe puncture wounds, bone crushing or bone piercing injuries of the face, arms, head, legs or other body parts.  Unfortunately, often times it is not just the physical scarring that will endure but the emotional scarring that may have an even more detrimental permanent effect on the victim.    This may occur when the victim of a severe and brutal dog bite attack suffers emotional trauma in the form of post traumatic stress disorder or PTSD. 

The victims of severe dog bite attacks experiencing PTSD may lose the ability to cope with normal everyday situations.  For example; the victim may avoid many social situations for fear that a dog could be around.  Even a small non threatening dog could produce a tremendous amount of fear and anxiety to someone suffering from PTSD as a result of a dog attack.    This can be extremely debilitating and life altering.  The most severely affected dog bite victims will actually lose their freedom to just go for a simple walk around their neighborhood for fear of experiencing the horror once again. They relive the attack in their minds and something that may have lasted only a few seconds will seem like the longest moments of their lives. These victims endure their own “Vietnam War”. The PTSD can produce severe changes in the victim’s personality that may destroy their relationships and can even lead to the total breakdown of the family unit. 

After a severe dog bite attack if the victim begins to experience any of the above symptoms, receiving a proper diagnosis by a competent mental health professional is extremely important.  While ongoing long term psychotherapy may work well for some individuals, for others it is just too stressful and anxiety producing to re-enter the darkest and scariest moments of his or her life.       

Keep an eye out for future posts on this blog where I plan on revealing the problems with the laws in the state of New Jersey as they relate to the procedures that are to be taken by the authorities after a dog bite attack. My opinions are based on my experiences in representing victims of dog bite attacks in places like Paterson and Freehold as well as counties such as Bergen, Monmouth, Middlesex, Passaic and Ocean Counties.   

New Jersey Motorcycle Accident Study Program Commissioned to Decrease Crashes

My experience as a motorcycle accident attorney representing many bikers injured throughout central and northern new jersey is that most often these victims suffer extensive fractures, scrapes, burns or traumatic brain injuries as the result of the failure of drivers of a car or automobile to see the motorcycle until it is far too late. Those who ride on our over crowded highways and roads also experience the decay in the infrastructure or the toll that the roads and highways take due to the winter weather and constant pounding of tractor trailer trucks, cars and buses. Reducing the incidences of motorcycle crashes in the nation’s most densely populated state is a noble and vital goal.  

According to the Federal Highway Authority about 2,500 New Jersey motorcyclists are involved in crashes each year. In 2006, in NJ there were 89 deaths which have more than doubled the 40 motorcycle deaths in 1991. As reported in a recent Glouster County Times article, Rowan University partnered with the New Jersey Motor Vehicle Commission and Virginia Tech to promulgate a study gathering data about motorcyclist habits that may help to reduce the incidence of motorcycle related fatalities and injuries.   Dr. Yusuf Mehta, an associate professor of civil and environmental engineering at Rowan said”Motorcyclists are vulnerable highway users, and we have been watching the number of motorcycle fatalities in our state increase. The goal is to understand the root cause of increasing motorcycle fatalities." Dr. Mehta said his students will look at police reports of motorcycle crashes and investigate several factors such as pavement conditions, street lighting, and visibility. The study will continue through June 2009 and is funded through a $199,000 grant from the State Department of Transportation.

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New Jersey Motorcycle Safety Awareness

New Jersey motorcycle riders continue to be involved in many deaths and serious injuries on our densely populated and over crowded roads.  As a matter of fact 87 deaths occurred between 2006 and 2007 according to a Trenton Times article which cites recent NJ motorcycle accident statistics from the New Jersey State Police. The good news is motorcycle fatalities decreased 15.5 percent – from 103 to 87. The bad news is 87 fatalities is the second-highest total recorded in the last 12 years. Furthermore, according to the U.S. Department of Transportation in 2005, 27 percent of all fatally injured motorcycle operators had BAC levels of .08 g/dl. Forty-five percent of fatally injured motorcyclists did not wear helmets. Motorcyclists need to be more responsible with how much alcohol they drink and wearing helmets. Those two irresponsible acts can easily be avoided and help lower fatalities. New Jersey compared with recent national statistics has made some positive strides in reducing motorcycle fatalities but 87 deaths is still too many and we have a long way to go.

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NJ Bans Text Messaging While Driving

Late last month, New Jersey became the second state in the country to ban driving while sending text messages (Washington State is the first). Text-messaging is a dangerous distraction to drivers, just much as talking on a cell phone, listening to loud music, eating, drinking, attending to children, and watching television can be. Driver distraction is responsible for 30% of all motor vehicle accidents, according to the federal government.

Lawsuit Filed Against "Dancing Dentist"

"American Bandstand" or your local dentist's office? FoxNews.com reported a lawsuit filed last month by a Syracuse, New York woman against her dentist who allegedly punctured her sinus cavity during a tooth extraction. The lawsuit claims the Dentist, Dr. George Trusty, was dancing to the 70's hit "Car Wash" while using a drill on the woman's molar.

Ms. Brandy Fanning, 31, of Syracuse, New York, said that as a result of the injuries she sustained by the dentist's actions, she had to undergo emergency surgery. According to court papers, Ms. Fanning is seeking $600,000 for her medical expenses, pain and suffering in the lawsuit she filed against Dr. Trusty in U.S. District Court in Syracuse last month.

 

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Justice is sought for victim of alleged pharmacy malpractice at Walgreens

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

Late last week, a friend of mine called the office to tell me about a co-worker who fell victim to the ever-increasing incidence of pharmacy error. The co-worker, let’s call her “Janet,” hadn’t been feeling well and visited her physician, who diagnosed a common infection and prescribed a course of antibiotics. Janet filled the prescription at her local chain pharmacy located in Western Monmouth County. Within a day or two after starting the medication, Janet was feeling increasingly sicker, and at one point, thought she was having a stroke, as one side of her body lost all sensation. Janet’s husband rushed her to the emergency room; at first, the ER doctors thought she was suffering from a rare allergic reaction to the antibiotic, but soon learned that the pharmacy filled the prescription with the incorrect dosage, double the dosage originally prescribed by the doctor! Continue Reading...

Injured while riding on a motorcycle, in a bus, taxi or commercial vehicle in a New Jersey accident? Believe it or not, neither your truck, motorcycle or auto insurance company will be responsible for your medical bills.

In New Jersey, as a general rule if you are injured while occupying or driving a motorcycle, moped, commercial vehicle, taxi cab, chauffeured rentals or bus you will not be able to seek PIP no-fault benefits for payment of your medical bills. That's right, if you have private health insurance your medical bills may be covered as long as your policy does not contain any specific exclusions for treatment you receive as a result of an accident while driving for example a motorcycle.  

 

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Mandatory Motorcycle Helmet Laws - Do They Infringe on Your Rights to Individual Freedom?

Maybe. But should that really be the right question when it comes to the safety of motorcycle riders? In New Jersey, state law mandates that all those who ride motorcycles must wear a DOT approved helmet. Each year in the Garden State, 2500 motorcycles are involved in accidents, resulting in at least 50 fatalities.

But recently in Michigan, the group called American Bikers Aiming Toward Education (ABATE) authored a bill which was introduced to the State House which would allow motorcyclists to forego wearing a helmet when they ride as long as riders pay a $100 fee, are at least 21 years old, are licensed to operate a motorcycle for at least two years, have completed a motorcycle safety course and have insurance or security of $20,000 for first-party medical benefits in the event of an accident.

ABATE believes that wearing a helmet infringes on individual freedom of choice and the right to privacy. While that may be arguably true, if you look  at the other states that have repealed mandatory helmet laws, Florida, Kentucky and Louisiana, and you see the exponential rise in injuries and deaths to motorcyclists following the repeal of their helmet laws, you'd have to agree that the interest in keeping the public safe, with something so easy as wearing a helmet is extremely compelling. 

In a recent article in Insurance Journal about the Michigan law, the National Highway Traffic Safety Administration found that in the three years after Florida's repeal of its mandatory helmet law in 2000, 933 motorcyclists were killed, an 81 percent increase.

Another study found that fatalities grew by more than 50 percent in Kentucky and 100 percent in Louisiana after those states struck down mandatory helmet laws.

New Jersey Law Strengthens Mine Safety Violation Fines

Eerily timely in the wake of the Utah Mine tragedy, Governor Jon Corzine recently signed a new law increasing fines for violating New Jersey mine safety laws. The old law carried penalties ranging from $25 to $500. Under the new legislation, the first offense will be $2,500, then up to $5,000 for a second offense and up to $10,000 for a third and subsequent offenses. Additionally, there will be a a fine of up to $25,000 for any violation resulting in serious bodily injury. New Jersey has roughly 200 working mines and 400 vacant mines. The new legislation, A-3937/S-2386, was sponsored in the Assembly by Assemblyman Fisher (D-Salem/Cumberland/Gloucester). It was sponsored in the Senate by Senator Sweeney (D-Salem/Cumberland/Gloucester).

Allstate et al., You've Got It All Wrong...

I'm feeling particularly cranky today. In my continuing tirade against the auto insurance industry's apparent war against its insureds, I want to once again address the way in which, you, the consumer, with the good driving record, who has dutifully paid premiums on time, is getting the shaft by your insurer. God help us all if we need our auto insurance to pay our medical bills after a motor vehicle accident.

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Protect Your Children... Take Away Their Toys

The recent breaking news about unsafe toys manufactured with lead paint and hazardous parts has lead to recalls of considerable magnitude. The first of the recent wave was the recall of the beloved Thomas the Train characters due to lead paint earlier this summer, which angered parents and disappointed children across the country. Shortly after that recall, Mattel and Fisher Price, two beloved American toy companies also began announcing recalls of toys made in China due to lead contamination. The latest announcement came today, with an additional recall of 9 million more toys due to lead paint and unsafe tiny parts. It is unconscionable that in today's day and age that we, the American people, are subjected to what can only be characterized as an apparent disregard for the safety and welfare of our nation's children, all in the name of maximizing the corporate profit margin.

Deck Collapses on LBI, Injuries Result

The Asbury Park Press today reported that seven people were injured, one seriously, when a deck on a beach house collapsed on Long Beach Island. Summer is a time for renting a beach house with friends and family, fun bar-b-ques, building sand castles and creating memories. It's tough to read about things like this. If you own a summer home and you rent it out, you can be held liable for injuries sustained by your tenants. Be aware and conduct property home inspections.

NJ Senator Settles Motor Vehicle Case for $1.175 million

The Courier Post reported that New Jersey state senator Robert W. Singer reached a $1.175 million settlement with Ms. Barbara Sara, a 74 year old woman, who in 2005 was critically injured by the senator's vehicle while crossing a street in Jackson, New Jersey. The settlement was reached the day the lawsuit against the senator was scheduled for trial.

 

May 20 Kicks of Dog Bite Prevention Week

Did you know that more than 4.7 million people are bitten by dogs annually? That is a staggering figure. The Center for Disease Control and Prevention (CDC) reports that every year 800,000 Americans seek medical attention for dog bites and half of these victims are children. Of those injured by dog bite, just about 50% require treatment in an emergency department and about a dozen die. Children ages 5 to 9 are at the highest risk for dog bite-related injuries and almost two thirds of injuries among children ages four years and younger are to the head or neck region. With statistics this high, knowing how to prevent dog bites is invaluable to you and your family. So, that's why the third full week of May has been designated National Dog Bite Prevention Week, and the American Veterinary Medical Association (AVMA), the United States Postal Service, and the Centers for Disease Control and Prevention are each working to educate Americans about dog bite prevention. 

Take the time to check out the CDC's website to educate yourself and your family about dog bite prevention.

Failure to Wear a Seat Belt in Maine -Now A Primary Offense

Motorists, when driving up to Maine for your annual lobsterfest with the family, be sure to buckle up. Maine recently adopted a new seat belt law, changing the current statute which stated that the police had to stop motorists for another violation before they could write tickets for not wearing a seat belt. The new law which takes effect this summer, makes the failure to wear a seat belt a primary offense, meaning the police may stop you for failure to buckle up without having another reason for the stop.


Pharmacy Errors Committed at Walgreen's... Again

A recent post on The Blotter, an ABC News Blog, reported yet another incident of pharmacy negligence in the wake of the report on "20/20" last month. This time, a seven year old  Modesto, California boy was given an adult high blood pressure medication by a Walgreen's pharmacy, instead of the medication he needed for a mental health condition. The boy ended up in the hospital and the boy's mother was urged to report the incident. Not knowing where to turn, she called ABC News. The drug the boy was given, Toprol XL, is usually administered to adults with high blood pressure. The drug the boy was supposed to take was Tegretol-XR.  Both drugs sound very similar and are apparently often confused, to the point that in 2005, the FDA issued a warning about the potential for confusing these two medications. In the case of the seven year old, Walgreen's released a statement to ABC News, whereby it shifted some of the blame to the boy's doctor for hand writing the prescription which was ultimately misread by the pharmacy.

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Victims in New Jersey who suffer serious physical harm from pharmacy related-errors will be denied all recourse should the members of the state legislature prevail in the passage of a bill that claims to help prevent pharmacy errors.

Citizens of New Jersey, would it shock you to learn that in response to concerns about a dangerous increase in pharmacy-related prescription errors, your state legislature has introduced a bill, which if enacted into law, would preclude all forms of recourse should your pharmacist’s mistake cause you or your loved ones to suffer serious physical injuries. Well it’s hard to believe, but amazingly true: pharmacists would receive total immunity from civil liability for any errors committed resulting in serious harm as long as the error was reported to the New Jersey Board of Pharmacy. Even more astonishing is the likely effect the legislation will have on the large national and regional pharmacy chains- complete insulation from liability for the negligent acts of their pharmacist employees. Continue Reading...

Pharmacy Error: A Silent (But Dangerous) Epidemic

Tonight's 20/20 program (see "Tragic Mistakes") sheds light on what can only be called a silent epidemic of the occurrence of pharmacy errors across the nation. The segment featured the tragic story of a young mother who gave her four-month old daughter who was born prematurely what she thought was an anti-seizure medication. What she actually gave the infant was an adult dose of a diabetes medication, which left her daughter permanently disabled, unable to talk, walk or feed herself. Walgreen's, the national pharmacy chain, was responsible for the dispensing error, this act of negligence that caused irreparable harm.

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Transplant Surgery for Your Injured Knee?

When one thinks of transplant surgery, liver and kidney operations usually come to mind. But surgeons are increasingly utilizing harvested bones, tendons and cartilage to perform surgeries on injured parts of the musculoskeletal system. It is an important development in medical science, but read this article on National Public Radio's Website about the important role sterilization plays in  these types of  procedures.

"I was injured in a car accident. Who pays my medical bills?"

Here’s something interesting I’d like to share with you. Over the past decade, I have observed that most, if not all of my motor vehicle accident clients had no idea who (or more accurately, whose insurance company) was financially responsible for the medical treatment of the injuries they sustained. There is a common misconception that it is the automobile insurance carrier of the “at fault" driver that is responsible for paying the medical bills. 

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$10 Million Jury Verdict for Back Injury

A federal jury recently awarded an Iowa man $10 million for emotional distress and pain and suffering after ruling that his employer's insurance carrier acted in bad faith in denying his claim for benefits from a back injury.

The plaintiff, Kris Zimmer, a computer technician for Norwest Financial, injured his back while bending over to pick up dropped papers. He was diagnosed with severe back pain, but his worker's compensation claim was denied by Travelers Insurance Company. Travelers argued that that Mr. Zimmer had a history of back problems that included at least two prior surgeries and that the injury worsened his pre-existing psychological conditions. But the jury didn't buy Travelers' argument. A decision regarding punitive damages is still pending. Read about it here.

New York workers' comp law is revamped

The New York State Senate and Assembly just passed legislation with the intent of  significantly reforming the state's workers' compensation system.  Read the more here.

American Teens Have Dangerous Jobs

A new survey whose results were published in the March issue of Pediatrics found that millions of American teenagers are working in dangerous environments, performing unsafe tasks in violation of the law and without proper training or supervision.

Among teens surveyed who worked in the service or retail industries, 52 percent of boys and 43 percent of girls reported working with hazardous equipment such as slicers, paper-balers and box-crushers. Meanwhile, 37 percent of those under 16 reported working past 7 p.m. on school nights, which is illegal.  Click here to read more.

Auto insurance companies adopt "Delay, Deny, Defend" to maximize profits at consumers expense

  • "Delay, deny, defend" is the battle cry for the auto insurance industry to protect their multi-billion dollar empire. In a recent report filed by CNN's Drew Griffin, he uncovered that this practice is rampant among the nation's auto insurance companies when people are injured in what insurance representatives consider a "minor impact" auto accident.   New Jersey attorneys representing persons who have suffered injuries in auto accidents have long experienced first hand these tactics of the nation's largest insurance companies.  Throughout the past decade I have represented many individuals that were involved in what the insurance company deemed a "minor impact" and as a result of the accident they suffered serious permanent injuries such as a herniated disc. Many times the injuries were so debilitating that after multiple steroid injections, extensive narcotics usage, physical therapy and chiropractic care, spinal surgery became the only option.   The suffering was very real.

 

 

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Popular Form of Contraception Possibly Doubles Blood Clot Risk

Reuters reported on a recent study released in the medical journal Obstetrics and Gynecology which suggests that women using the contraceptive patch appear to be more than twice as likely to develop dangerous blood clots in their veins as those who use oral contraceptives. Conducted during April 2002 through December 2004, researchers studied 202,000 women who were taking birth control pills and 49,000 women who wore the contraceptive patch.

Hazardous Property Conditions May Lead to Slip and Fall Accidents

In general terms, “slip and fall” accidents refer to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on the premises. Such falls can happen inside or outside a building, and be caused by such conditions as bad flooring, wet floors, poorly lighted steps, or, in the case of outdoor accidents, weather-related or hidden hazards. An icy patch outside a door or a crack or pothole can be the cause of a slip and fall in a parking lot, for instance.


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Motor Vehicle Accidents-Leading Cause of Injury in Young People

Every year millions of people are injured in motor vehicle accidents. Motor vehicle accidents are the leading cause of injury in the United States for people ages 1-34.

Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident.

If you have a young driver in your family, or a young person preparing to obtain his or her first driver's license, take a few moments with your child to obtain some really useful information from the New Jersey Motor Vehicle Commission.

DUI Responsible for One-Third of All Traffic Deaths in U.S.

“Driving under the influence”, or “Driving while intoxicated”, is the term for alcohol-related driving behavior. It is responsible for nearly 1/3 of all traffic deaths in this country. Many of these impaired drivers are repeat offenders and all can cause a heavy burden of death and/or injury to themselves and to innocent drivers, passengers, and pedestrians.

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