New Jersey Personal Injury Blog

FDA Consumer Warning: Illegal Products Falsely Marketed as Antimicrobial Dietary Supplements

In a May 2011 press release, the Food and Drug Administration (FDA) warned consumers about the potential dangers of using products advertised as dietary supplements that are also marketed as antimicrobial (antibiotic, antifungal or antiviral) drugs. According to the FDA, these antimicrobial dietary supplements are illegal and falsely marketed to treat illnesses like upper respiratory infections, sinusitis, pneumonia, bronchitis and the common cold.

The FDA is advising consumers to stop using these products and contact their healthcare providers. It has been determined that the labeling on several of these products is designed to mimic that used on legitimate medications available in Mexico. These dangerous products seem to be marketed toward the Latino community.

The FDA is warning consumers that using these products could delay treatment for severe illnesses. Moreover, these products are not approved by the FDA to treat, cure or prevent any specific medical conditions. The FDA has received reports of at least four cases in Texas in which children had to receive emergency care because of worsening illnesses after taking products that their parents may have thought contained antimicrobials.

Consumers and health care professionals are being asked to report severe side effects, product quality problems and other adverse events associated with the use of products marketed as antimicrobial dietary supplements to the FDA’s MedWatch Adverse Event Reporting program: https://www.accessdata.fda.gov/scripts/medwatch2 or 800-FDA-1088.

The referenced dietary products include:

• Amoxilina Capsules 500 Mg (30 Caps)
• Amoxilina Suspension (3.4 Oz)
• Pentreximil Plus 500 Mg (30 Caps)
• Pentreximil Plus Syrup 3.4 Oz
• Pentrexyl Forte Natural, 30-capsule box containing capsules in blister packs

Marketing misrepresentation and labeling errors for over-the-counter medications and other products, as well as errors in the labeling of prescription drugs, may present potential risks for consumers. The New Jersey product liability attorneys at Blume Goldfaden have the experience and resources that are needed to provide individuals with a comprehensive review of their potential dangerous drug claim. For a no-cost consultation, call 973-635-5400.

Fatal New Jersey Trench Collapse Accident in Knowlton Township

A man was killed in a New Jersey trench accident when the trench he was working in collapsed around him. According to The Express Times, the trench was being dug for residential sewer work. Knowlton, New Jersey Fire & Rescue personnel arrived on the scene and performed CPR on the victim while he was being transported to Pocono Medical Center in Pennsylvania, but he was pronounced dead on arrival at the hospital.

A New Jersey trench accident can occur if proper procedures are not followed or if appropriate supports are not in place. According to The Centers for Disease Control and Prevention (CDC), and based on data from the U.S. Bureau of Labor Statistics (BLS), 271 workers were killed in trenching or excavation accidents from 2000 through 2006. From 1992 to 2000, 488 deaths were caused by trenching and excavation hazards during construction activities. These hazards are usually recognizable and preventable; however, worker injuries and deaths still occur.

Excavating and trenching are recognized as some of the most dangerous construction activities. The Occupational Safety and Health Administration (OSHA), a Division of the US Department of Labor, has compiled specific standards and directives to address the hazards of excavating and trenching in the construction industry. Twenty-five states in the U.S. have OSHA-approved State Plans and have adopted standards that are identical to those of Federal OSHA. New Jersey is one of those states, although their plan covers public sector employment only.

New Jersey trench accident injuries and deaths are usually preventable if well-established safety standards are implemented. Construction companies, their supervisors and/or employees, as well as property owners and municipalities may be held legally liable for the injuries and deaths caused by negligence concerning worker safety.

If you or a loved one has been injured in a trench accident in New Jersey, the New Jersey trench accident lawyers at Blume Goldfaden can inform you of your legal rights and options, and, help determine whether or not you have a meritorious claim. Contact us for a no-cost consultation at 973-635-5400 to discuss your potential claim with one of our work injury attorneys.

10 Residents of Jersey City Building Suffer Symptoms of Carbon Monoxide Exposure

Six adults and four children who are residents of a building in Jersey City were taken to the hospital after experiencing symptoms of carbon monoxide (CO) exposure. According to The Jersey Journal, residents suffered dizziness, wooziness and other symptoms relating to being exposed to high amounts of carbon monoxide. Residents reportedly heard carbon monoxide alarms go off around 9 p.m. on May 14, 2011. A local Fire Director stated that if the building had not been equipped with carbon monoxide detectors, the residents could have died.

After the residents were evacuated from the building, firefighters detected high carbon monoxide levels throughout the building. This particular building is comprised of a ground floor grocery store and five residential units on upper floors.

The elevated levels of carbon monoxide have been linked to the grocery store owner setting up a gasoline powered generator to provide power to the grocery when the electricity to the store was off. This generator released the carbon monoxide gas; and the store owner has been fined.

In April, a 24-year-old woman died in Jersey City from carbon monoxide poisoning linked to a damaged water heater vent the day after moving into an apartment. An investigation is examining whether a man who died at the same residency in March could have also been killed due to carbon monoxide poisoning. This particular building did not have carbon monoxide alarms.

Carbon monoxide (CO) is a potentially lethal gas. It is odorless and colorless making it difficult if not impossible to detect without a properly working CO detector/alarm. The Centers for Disease Control and Prevention (CDC) notes that people can be poisoned by breathing CO if it builds up in enclosed or semi-enclosed spaces. In addition, the CDC cautions that over 400 Americans die per year from accidental CO poisoning, with an additional 20,000 visiting the emergency room and over 4,000 needing to be hospitalized because of CO poisoning. Deaths caused by CO exposure are highest for individuals 65 and older.

As these stories and statistical information demonstrate, exposure to high levels of CO is extremely dangerous and sometimes can be attributed to a property owner’s failure to maintain their premises and/or adhere to building safety codes.

At Blume Goldfaden, our New Jersey premises liability attorneys are familiar with the laws pertaining to hazardous property conditions and how individuals or family members with meritorious cases may be able to obtain compensation from those responsible for causing them harm. Call us at 973-635-5400 for a no-cost consultation.

34 Passengers Injured in Hoboken PATH Train Accident

A PATH train accident in New Jersey at a Hoboken station injured 34 passengers on May 8, 2011. According to The Star-Ledger, the train hit a spring bumper/barrier at the termination of some tracks. Injured passengers were transported to Hoboken University Medical Center, Jersey City Medical Center and Christ Hospital. Most of those injured are reported to have neck injuries, minor scrapes and bruises.

Witnesses to the accident stated it happened abruptly, with the train screeching, then colliding into the barrier. One witness stated he saw about 10 to 15 individuals being transported on stretchers or with cervical collars to stabilize their necks. A spokesman for the Jersey City Medical Center said that patients at the hospital were conscious and being evaluated for broken bones.

The National Traffic Safety Board (NTSB) is investigating the accident and The Port Authority has not yet made public a cause for the accident; however, investigators are likely to examine whether operator error or a defective train component contributed to the accident. The train motorman is also expected to be tested for drugs and alcohol.

At Blume Goldfaden, our experienced New Jersey train accident attorneys are committed to protecting the rights of individuals injured in various types of accidents caused by the negligence of another person or entity. As a result, our personal injury lawyers have obtained significant recoveries for our clients for decades. To learn more about your legal rights or to learn whether or not you may have a meritorious case, call 973-635-5400 for a no-cost consultation.

New Jersey Car Accident Caused by Driver Using GPS, Sussex County Woman Sentenced

Using a GPS (global positioning system) while driving may seem somewhat innocuous, but a recent New Jersey vehicle accident emphasizes that the use of navigational devices while driving can be dangerous and result in serious consequences.

According to The Star-Ledger, a Sussex County woman has been sentenced to three years’ probation for causing a head-on car accident while she tried to enter an address into her vehicle’s GPS. The 40-year-old woman is required to participate in 100 hours of community service and her driver’s license has been revoked for 90 days.

The crash reportedly took place on November 3, 2009 when the woman crossed over the center line on Route 23 in Franklin, New Jersey. As a result, the woman’s car crashed into another vehicle whose driver suffered a broken leg and ribs. The woman who caused the accident suffered minor injuries. She pleaded guilty to fourth-degree assault by auto and reckless driving.

According to data provided by the National Highway Traffic Safety Administration (NHTSA), 5,474 people lost their lives in 2009 throughout the United States and an estimated additional 448,000 people were injured in motor vehicle accidents that involved distracted driving. While many drivers associate cell phone use with distracted driving, not enough drivers realize the potential risks for an accident also occurring when other electronic devices, including GPSs, are used. The NHTSA considers a “distraction” as any particular form of inattention that takes place when motorists’ attention is taken away from the driving tasks to focus on another activity. Distraction is also considered a subset of inattention, which also includes fatigue as well as other physical and emotional conditions of the motorist.

The car accident lawyers in New Jersey at Blume Goldfaden have decades of experience in successfully handling motor vehicle accident claims on behalf of our clients. Our attorneys will evaluate your particular situation to determine whether or not a valid claim can be pursued. Call us at 973-635-5400 for a no-cost consultation.

Newark Boarding House Fire Causes Three Men to Suffer Second-Degree Burns

Two residents and a security guard at a South 12th Street boarding house in Newark, New Jersey, suffered second-degree burns in a flash fire on Monday, April 2, 2011. According to a story in The Star-Ledger, the three men were transported to the Burn Center at St. Barnabas Medical Center after the fire, which is believed to have been caused by a leaking gas pipe which ignited. The men, ages 55, 63 and 69 have received treatment in the intensive care unit and updates on their conditions are not currently available.

At the time of the article’s publication, it was reported that one of the residents, a maintenance man and the security guard searched one of the boarding house’s restrooms to identify the origin of a gas odor. Apparently, the resident sparked a lighter, which ignited the flash fire. The second resident who suffered burns was reportedly using the restroom at the time. A spokeswoman for PSE&G stated that the utility turned off gas to the three-story building after the flash fire and made repairs to the building.

Second-degree burns can be extremely painful and significantly increase the chances of scarring and the need for skin grafting.

The fire injury lawyers in New Jersey at Blume Goldfaden are familiar with the physical, emotional, and financial repercussions of serious burn injuries. Fire injury accidents involving burns that are caused by another person or entity’s negligence may permit those injured to pursue claims for the injuries and damages they suffer against the responsible parties. If you or a loved one were injured as a result of a fire, call us at 973-635-5400 for a no-cost consultation of your potential claim.

N.J. Board Penalizes 3 Orthopedic Surgeons for Not Disclosing Financial Interest in Medical Device

Three orthopedic surgeons have been penalized by the New Jersey Board of Medical Examiners for failing to reveal their financial interest in a medical device. According to an NJ.com article, the penalized surgeons apparently did not disclose to their research institutions that they held financial interests in a ProDisc spinal disc device created to replace spinal fusion surgery.

As stated in the article, it is required that all doctors, when renewing their licenses, reveal any financial payments over $10,000 that they are given by medical device manufacturers.

Two of the surgeons have been fined and all three are required to complete an ethics course.

At the heart of this penalization is the issue of public trust. Doctors who put their financial interests before the patient’s care compromise their credibility and could create potentially harmful consequences for patients. A doctor who makes a treatment recommendation or diagnosis based on personal financial benefits rather than what is best for the patient’s health and recovery could face serious consequences.

As this story demonstrates, license renewal forms for doctors cover detailed and important information that affects how they practice medicine and care for the public.

At Blume Goldfaden, our New Jersey medical negligence attorneys have handled a wide range of medical malpractice cases, including those that relate to surgical error. For decades, our firm has obtained substantial recoveries for clients’ meritorious medical malpractice and hospital negligence cases. To learn more about your possible legal rights and options, call us at 973-635-5400 for a no-cost consultation.

DWI Driver Responsible for Fatal Pedestrian Accident Involving 13-Year-Old Girl

The driver responsible for a fatal New Jersey pedestrian accident that killed a 13-year-old Little Egg Harbor girl has been charged with driving while intoxicated (DWI). An Asbury Park Press article reports that while an investigation into the incident is ongoing, it has been reported that the 47-year-old motorist hit the young girl as she was walking along a roadside to a friend’s house with another girl.

The Ocean County Prosecutor’s Office stated that blood tests for the driver will be evaluated to determine if any additional charges will be filed in relation to the fatal pedestrian accident.

Pedestrian accidents, such as the one in this case, may result in serious injury or even the loss of life due largely to the fact that pedestrians are unprotected while along a roadway. Some factors contributing to the occurrence of these unfortunate accidents include distracted driving and inattention, vehicle defects, speeding, dangerous road conditions and drug or alcohol impaired driving. Data provided by the National Highway Traffic Safety Administration (NHTSA) states that in 2009, 4,092 pedestrians were killed and about 59,000 were injured in accidents throughout the United States. During this same time period, on average, a pedestrian died every two hours and a pedestrian was injured every nine minutes.

Family members of pedestrians killed or persons injured in accidents may have a legal right to recover compensation for their injuries, damages and loses from responsible parties. The New Jersey pedestrian accident lawyers at Blume Goldfaden have decades of experience protecting the rights of pedestrian accident victims. For a no-cost consultation about your possible case, call us at 973-635-5400.

Toyota Recalls 307,848 Vehicles for Potential Inadvertent Curtain Shield Airbag (CSA) System Activation

Toyota is recalling approximately 307,900 vehicles because of a potential problem with the curtain shield airbag (CSA) sensor systems, causing them to activate inadvertently and when unnecessary. As a consequence of this airbag defect, the vehicle occupants could be injured.

According to Safercar.gov, Toyota will launch its official recall of its model year 2008 Highlanders, model year 2008 Highlander Hybrids, and model years 2007-2008 Rav4s in early to mid-May of 2011. According to the recall notification, once adequate parts and remedy become available, Toyota will replace the airbag sensor assembly with a new one at no cost to the consumer.

Vehicle recalls are vital in ensuring that New Jersey consumers stay informed about defective auto parts which could jeopardize their safety. Some vehicle recalls are not timely made, and as a result, could cause serious injury or death from the vehicle’s defect and its effect on the car’s crashworthiness.

Auto product liability litigation involving airbags defects in New Jersey is complex, requiring legal counsel and representation by New Jersey defective airbag attorneys. At Blume Goldfaden, our auto product liability lawyers have successfully handled numerous cases involving automobile defects. With decades of experience, we have the resources to help clients pursue meritorious claims. Call us at 973-635-5400 for a no-cost consultation.