New Jersey recently became grouped with a number of states whose judges have upheld the controversial Mensing ruling. The Mensing ruling refers to a Supreme Court decision reached last summer in which the justices ruled in favor of a generic pharmaceutical manufacturer that they cannot be held liable for harm caused to patients based on their labeling. The decision cited that these manufacturers are required to provide the exact labeling of their name-brand counterpart and therefore are not responsible for inadequate labeling.
For more background information surrounding this ruling, check out this article from the American Lawyer Academy.
The main issue with this entire debate lies with the fact that often times patients are given the generic brand of a medication from their pharmacy without being specifically informed. This is largely due to the fact that many health insurance companies will not cover the brand-name version of the medication and also that the generic-brand is more affordable.
Since the brand name manufacturers are responsible for the labeling, the problem then becomes that patients can be harmed by both the name-brand and the generic but only those who took the former will have the right to seek compensation. This is detrimental to the patient alone as the generic pharmaceutical company will not suffer in any way if the consumer cannot sue. The name-brand company does not suffer any hardships either as the patient who took the generic cannot sue them.
How is this fair? Who does this ruling really protect? The answer is that it is not fair and it only encourages the generic manufacturers to sell dangerous medications because they know they cannot be reprimanded for it.
Here is a scenario to highlight this unfair ruling: Say a generic manufacturer knows of a medication that has been linked to dangerous, adverse side-effects. They then decide they too want to market this drug even though they are aware it causes harm to their consumers. The harm is done to the patients, but the generic drug maker just gets to rake in the profits and not have to worry about the damage they have caused because it is the name-brand company that mislabeled or originally sold the medication.
There are currently bills in both the Senate and the House that seek to overturn the Supreme Court ruling, but with parties on opposing sides of the issue, it is unclear if or when these bills will come into effect. Pharmaceutical injury can be devastating. If you or someone you love has been injured as the result of taking a dangerous or defective drug, contact the New Jersey pharmaceutical injury attorneys at Console & Hollawell. Call us today for your free and confidential consultation at (866) 778-5500.
A pivotal court ruling about your rights when sending a text message to a driver could be just around the corner. In a hearing scheduled for May 25th, a New Jersey Superior Court judge must decide whether Shannon Colonna is responsible for a text message she sent to then 19-year-old Kyle Best that led to his distraction while driving back in 2009. The lawsuit filed David and Linda Kubert claims that the text message directly contributed to the car accident that resulted in each spouse losing a leg.
Best was driving the pickup truck in 2009 that crossed a double-yellow line in Mine Hill and side-swiped the Kuberts who were riding together on a motorcycle.
If the judge in this case rules in favor of the Kuberts, it could set a precedent for all future cases involving distracting driving. Imagine a world where you send a text message to a driver who causes an accident, and you get the bill – sounds extreme right? That could be a reality, if the rulings in this case lead to the judge laying a portion of liability on Colonna for the accident.
This case isn’t the only legal maneuvering currently in the works for drivers caught texting behind the wheel. Proposed legislation in the New Jersey Senate would increase penalties for those who cause accidents while using handheld devices, including cell phones. The penalties would be on par with those who drive while intoxicated or reckless driving. That means drivers who cause injuries while texting could face assault by vehicle charges. Those who cause fatalities could face vehicular homicide or manslaughter charges.
What do you think? Should drivers who text behind the wheel receive treatment on the same level as drunk drivers? And what about those who text the drivers? How can we possibly know where everyone is every second of the day to make sure we don’t inadvertently text someone who’s behind the wheel?
Those who sustain injuries in accidents still retain their rights to pursue those responsible for compensation. If you or someone you loved has suffered injuries at the hands of another driver, contacting a team of knowledgeable New Jersey car accident attorneys is an important part of your legal strategy. Don’t allow the insurance company to take advantage of you or delay your rightful claim.
An ordinance up for adoption on April 3 in the City of Passaic would charge car accident victims, homeowners, businesses and any injured parties “response” fees to use fire services. That means every time the fire department shows up to an accident, before rendering any services, the meter is already running. New Jersey is one of 26 states in the country that allows its cities and towns to charge “emergency response fees” to private individuals or insurance carriers.
The proposed charges read like a restaurant bill: $500 to arrive at a car accident, $600 if a vehicle is on fire and $1,500 to free trapped passengers from a wrecked car. That’s not including the response fees for accidents involving damage to public utilities, rescues from burning buildings and investigations involving arson. The city can charge you these fees regardless of fault in an accident.
What are Tax Dollars For?
The Fire Department is a tax-funded institution in Passaic and other cities across New Jersey. It makes me wonder where the tax money they’re actually collecting is going. Could I get an itemized bill of how the town plans to use the dollars forcibly extracted from its citizens? Maybe I can find some extra dollars lying around.
Charging these response fees can have vast implications for both the insurance industry and drivers. Higher costs for insurance companies lead to higher premiums for policy holders. Drivers involved in car accidents may think twice about calling for emergency assistance when faced with these fees. How can a driver know what coverage she needs to make sure she won’t end up paying just for the local Fire Department to show up and help her? This is the reality of a pure capitalist system. You want help? Pay me.
The Government Spin
Government officials in Passaic claim the fees provide much-needed revenue for the cash-strapped city, according to NorthJersey.com. Officials say that most fire insurance policies already cover emergency response fees, so the city is simply tapping into covered services that already exist. This statement makes no mention of how the charges affect auto insurance policies. If other towns follow Passaic’s lead, everyone in the state could be looking at higher insurance rates.
Getting the Help You Need
With accident charges on the rise, it’s never been more important for you to have a knowledgeable NJ car accident lawyer on your team. An experience attorney negotiates with your health insurance company to reduce your charges and informs you of your rights to pursue damages. You shouldn’t have to face your insurance company alone.
The tragic and cold-blooded killing of Trayvon Martin is bringing national attention to the Sunshine State and for good reason. On February 26, Trayvon Martin left a relative’s home in a gated community in Florida to go to a local convenient store. He picked up an iced tea and some skittles, but when he was walking back to his relative’s home, someone began to follow him. George Zimmerman, a 28-year-old, self-proclaimed neighborhood watch man, called the police reporting seeing a suspicious person walking around.
The 9-1-1 tapes were released late last week and in the audio recording of Zimmerman’s call he accuses 17-year-old Martin of being on “drugs or something” before complaining that “these [expletive]s always get away.” The dispatched told Zimmerman to stop following Martin, but he ignored their orders. That was not the only 9-1-1 call that was released. By listening to the various recordings it is easy to piece together what went down that night.
From the recordings and a report from Martin’s friend who was on the phone with him while he was being followed we can gather that Zimmerman stalked Martin and eventually caught up with him. When Martin asks Zimmerman why he is following him (he is still on the phone with his friend at this point) a struggle can be heard before the phone, and most likely Martin, was knocked to the ground. Calls from neighbors piece together the rest. There are one or possibly two shots heard—if the other muffled first sound is indeed a gunshot, Zimmerman may have fired a warning shot before killing Martin in cold blood. When Martin’s body was found only about 70 yards from his relative’s back door, he was face-down which implies that he was shot from behind.
The outrage arises from the fact that Zimmerman has not been charged with a crime. Zimmerman claims he shot Martin in self-defense. That’s right he claims a child armed with only a drink and Skittles threatened his personal safety to the point where he had to shoot him dead. Things like this are able to happen in Florida because of their “Stand Your Ground” law which allows for deadly force when you feel your life is in danger. While this law may be what is protecting Zimmerman from facing criminal charges, it will not be able to protect him from Martin’s parents filing a personal injury claim in civil court.
PBS spoke with Frances Robles, a reporter with the Miami Herald who has been covering this case since it began. She explained that these cases where people are getting off for murder or manslaughter can absolutely happen under this law. She explains in a scenario that if there were two men and man #1 shoots at man #2, man #2 has a right under this law to return fire in order to protect himself. However, say man #2 misses his shot and instead kills a child walking down the street—under Stand Your Ground, no one will be held responsible criminally for that child’s death.
In addition to the ridiculous protection provided by Stand Your Ground, this horrendous crime appears to be completely driven by racism. Furthermore, there are a lot of “mistakes” that are being made by local law enforcement agencies that further fuels the belief that this is a racism-driven case and that authorities are failing to administer justice for Martin.
ABC News explained that some of the ‘mistakes’ made by the Sanford Police Department include:
Withholding 9-11 calls including a call between a dispatcher and Zimmerman where he can be heard making a racist remark.
Having narcotics detectives arrive at the scene of the crime rather than homicide detectives.
Failing to administer a test to Zimmerman to check his system for drugs or alcohol.
Failing to speak with Martin’s friend he was on the phone with at the time of the incident.
They went on to report that, “the Sanford Police Department says it stands by its investigation, and that it was not race or incompetence that prevented it from arresting Zimmerman but the law.”
After much pressure from the public, the Justice Department announced that it has launched a formal investigation into this crime. This is not the first time Zimmerman has played vigilante, despite the fact that he never had his neighborhood watch program properly certified and he was the only member, he has made 46 calls to law enforcement agencies reporting ‘suspicious’ behavior since 2001 according to Feministing. He also has a criminal record.
While there is no sure way of knowing whether or not justice will be served in the criminal justice system for Trayvon, his family should definitely seek justice civilly. The Stand Your Ground law is preventing justice from being served in the criminal courts but it will not allow Zimmerman to hide from being held accountable of his actions in the civil system.
Personal injury attorney, Richard Console explained that while laws may differ between New Jersey and Florida that does not mean that Martin’s parents cannot sue for wrongful death. As an experienced Newark wrongful death lawyer, Mr. Console knows the ins and outs of the civil justice system and he explained that while they could not seek damages against Zimmerman’s home owner’s insurance, they would be able to seek judgment on his home and collect against his assets. Hopefully criminal charges are filed in this brutal killing, but it is a comfort to know that the civil justice system is still there to hold Zimmerman accountable for his crime.
We offer our deepest sympathies to Trayvon’s family and friends. To sign a petition started by Trayvon’s mother demanding justice for her son visit her petition site.
On Wednesday, February 15th a jury found 56-year-old former police officer guilty on multiple charges for his involvement in a deadly crash on April 19th, 2011. William Bell collided with a vehicle head-on, and the other driver, 50-year-old Barbara Brown, was killed as a result of the Pennsylvania car accident. Bell was a Philadelphia police officer for 14 years before joining the secret service and then obtaining a private investigator’s license in 1993. He was found guilty of homicide by vehicle while driving under the influence (his BAC was almost 3 times the legal limit) among other charges and faces a minimum sentence of 3 to 6 years in prison.
Our thoughts and prayers are with the family of Barbara Brown, who was killed in the head-on collision last April.
According to Homicide by vehicle while driving under influence – 75 Pa. Cons. Stat. § 3735, “any person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years.”
If you have been injured in a car accident, contact a Philadelphia personal injury attorney to learn more about your rights as a victim. Depending on the details of your case, you may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the car accident.
A Chinese citizen residing in Fox Run Apartments in Plainsboro was in critical condition following a pedestrian accident on Wednesday, February 8th. Around 6:45 a.m. 62-year-old Fanggen Jiang was walking across Plainsboro Road at Dey Road when he was struck by a 2011 Mercedes-Benz driven by 45-year-old South Brunswick resident, Man M. Sapra. Jiang was taken to Helene Fuld Medical Center in Trenton to receive treatment for the injuries he sustained in the New Jersey pedestrian accident. No charges have been filed yet, but the accident remains under investigation.
We hope that Fanggen Jiang is able to make a swift and full recovery from the injuries he sustained in the pedestrian accident on Plainsboro Road on Wednesday.
According to the National Highway Traffic Safety Administration, “in 2009, 4,092 pedestrians were killed and an estimated 59,000 were injured in traffic crashes in the United States. On average, a pedestrian was killed every two hours and injured every nine minutes in traffic crashes.” The same report also states that in the same year “pedestrian deaths accounted for 12 percent of all traffic fatalities, and made up 3 percent of all the people injured in traffic crashes. Over 90 percent of the pedestrian fatalities occurred in single vehicle crashes.”
If you have been injured in a pedestrian accident, contact an injury lawyer in NJ or PA to learn more about your rights as a victim. Depending on the details of your specific case, you may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the pedestrian accident.
RT @LegalBlogs: Would consumers welcome a water park life jacket requirement for children under 42” in height and smaller? http://t.co/B ... 23 hours ago
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