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.  

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.  

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. 

Tests after the car accident revealed that Herrera-Salas' blood alcohol level was close to .28, almost three times the limit of .10.   He was sentenced to 22 years in prison.

It's evident that the staff at Cheerleaders was negligent in its responsibility, and that the establishment deserved the repealing of its license. Dram shop liability laws allow an injured person of the family of someone who has died in a drunk driving accident, where it can be proved that the establishment in question continued to serve alcohol even after being aware that the driver was intoxicated, to seek compensation from the establishment for their suffering.

Throughout the country, drunk driving is one of the major causes of auto accidents, causing hundreds of injuries and fatalities every year. New Jersey is no exception. Although we have been fortunate enough to witness a steady drop in our drunk driving accident rates, we still have a lot to do to deal with this menace. What we need is a combined initiative that includes all levels of society, including the establishments that serve alcohol to their customers. There's only so much that New Jersey car accident lawyers, the police and courts can do to tackle this problem.

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.

THAT'S RIGHT if you are injured while on a motorcycle or in a cab ride or on a bus or in a commercial vehicle, your medical bills will not be paid by available insurance.  Thus, it becomes even more important to make sure that you retain a personal injury attorney who is proficient in New Jersey motorcycle accident law, truck accident law or taxi related motor vehicle injury law.  This is because your attorney will seek compensation for your pain and suffering and for your outstanding medical bills from the at fault driver.  This area of law has become very complex and requires counsel that has extensive experience in representing persons injured in truck accidents, motorcycle accidents, taxi cab accidents and bus accidents.  This is particularly true in the case of victims of serious injuries because their mounting current and future medical debts with traumatic brain injury (TBI) or spinal cord injuries (SCI) could leave a family into life altering financial ruins. 

My clients are often times totally shocked when I explain to them the realty of the PIP laws in New Jersey.  They often ask how is this possible that I was riding in a taxi and the driver was in a major accident and his insurance company is not responsible for payment of my injury related medical bills? I tell them to thank the powerful insurance lobby who has done an amazing job blaming the "trial lawyers" like myself  for your exorbitant insurance rates while netting BILLIONS in record profits and shielding themselves by succeeding in having the New Jersey legislature pass laws exempting them from payment to their insured's or insured's immediate family member's medical providers where medical claims have become exempt from coverage.  

Representing clients throughout New Jersey including but not limited to Manalapan, Marlboro, Holmdel, Freehold, Millstone, Colts Neck, Howell, Old Bridge, Jackson, Red Bank, Hackensack, Saddle Brook, Paramus, Ridgewood, Teaneck, Demarest, Dumont, Pompton Plains, Glen Rock & Fairlawn the Law Offices of Scott D. Grossman, LLC brings extensive experience, individual attention and compassion for all of our clients.  Please visit our website for further information.