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

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

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.

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

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

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 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.

Potential New Laws in NJ to Prevent Sales of Unsafe Toys

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

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.

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).

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.

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.


New Hampshire New Seatbelt Law Saves Lives and Money

New Hampshire's new mandatory seat belt law could help save lives and lower insurance premiums, according to recent article in Insurance Journal. The new law, experts claim, might spare the state an average of 14 deaths, 335 serious injuries and roughly $75 million in related costs each year.
David Snyder, an automotive insurance expert with the American Insurance Association, said  that  mandatory seat-belt laws could reduce premiums because, logically, the number of accident-related injury claims and the severity of those claims would be reduced if drivers wore seat belts.

Spring is Here! Ride Your Bike And Wear Your Helmet

In New Jersey, Title 39:4-10.1, the Helmet Law, states that anyone under 17 years of age that rides a bicycle or is a passenger on a bicycle, or is towed as a passenger by a bicycle must wear a safety helmet. The Helmet Law also covers roller and in-line skates and skateboards.  Initial violators of the helmet law will receive warnings. For minors, the parent or legal guardian may be fined a maximum of $25 for the 1 st offense and a maximum of $100 for subsequent offense(s), if lack of parental supervision contributed to the offense.

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American Association for Justice Urges Lead Free Children's Jewelry

The American Association for Justice, formerly known as the Association of Trial Lawyers of America, has sent out an urgent call to the Consumer Product Safety Commission to ban children's metal jewelry containing lead. Lead, as we all know, is a dangerous substance that can cause brain damage, developmental delay, and hyperactivity in young children. The Centers for Disease Control reported that in 2003 a four-year-old Oregon boy died after swallowing a toy necklace and in February 2006 a four year old Minnesota boy died after ingesting a metallic charm.

New Jersey Teenage Driver Safety Commission Formed

New Jersey Governor Jon Corzine signed a bill earlier this month creating the Teenage Driver Safety Study Commission. The purpose of the Commission is to  recommend ways to prevent car accidents involving inexperienced motorists. Read the full article in The Star Ledger. It's a timely action by the Governor, when communities across the state are mourning the loss of young people in recent tragic motor vehicle accidents.

FDA Warns Public About Unsafe Drugs From Internet

The Food & Drug Administration is warning the American public about the dangers of purchasing medications over the Internet.  Recently, patients who ordered certain medications over the web (Ambien, Xanax, Lexapro, and Ativan), instead received a product that, according to preliminary analysis contained a powerful anti-psychotic drug called haloperidol. Haloperidol can cause stiffness and spasms in the muscles as well as agitation, and sedation.

Rhode Island Lawmaker Tackling Hospital Error

According to a recent article published in Insurance Journal, between 44,000 and 98,000 patients die each year in hospitals across the country due to errors, infections and other adverse situations. Senator Charles J. Levesque from Rhode Island believes that many of these deaths due to mistakes are avoidable, and has introduced legislation targeting the reduction of their occurrences in hospitals in his home state.

If You Own an RV, GMAC Has Insurance For You

In a recent article in Insurance Journal, it was reported that GMAC Insurance announced a new product for owners of Recreational Vehicles ("RV"). Recognizing that RVs are unique motor vehicles, GMAC Insurance has tailor made a product for this specialized vehicle, which is available in a handful of states currently, but will be available nationwide in the future. For more information, check out GMAC Insurance's website.

New Birth Control Pills May Increase Risk of Blood Clots

A recent article in The New York Times discussed the long standing controversy over whether the newest form of birth control pills on the market today causes blood clots more often than those that came before. The newer pills contain a synthetic form of the hormone progestin, called desogestrel. The older version of the pills did not use this form of synthetic progestin, and it is the desogestrel that many believe to be the possible link for a higher incidence of blood clots in women using the newer generation pills.

 

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.