New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

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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 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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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.

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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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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.

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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.

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