Infections from Knee Injections – Osteo Relief Institute in Wall, NJ

Posted in Medical Malpractice

New Jersey health officials report that 31 patients developed infections after receiving injections to treat knee pain at the Osteo Relief Institute in Wall Township. The New Jersey Department of Health says the patients developed cases of septic arthritis, a painful infection surrounding their joints. The infections are all linked to the Osteo Relief Institute Jersey Shore.

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Statute Of Limitations in a New Jersey Workers’ Compensation “Occupational Disease” Claim

Posted in Workers' Compensation

Generally, petitions filed by injured workers for occupational disease claims are barred if they are not filed within two years of the date the injured worker discovered the nature of the disability and it relationship to employment. This is addressed in the workers’ compensation law under N.J.S.A. 34:15-34.

Unlike an accident, which has a specific date, the precise onset of an occupational disease may be hard to determine. Continue Reading

E-Cigarette Explosions Cause Devastating Injuries: Torn Flesh, Caustic Burns and Heat Burns

Posted in E-Cigarette, Product Liability

E-cigarettes use lithium ion batteries which, when they explode, release hydrofluoric acid that causes caustic chemical burns to the skin. These types of burns are particularly dangerous because the damage doesn’t show immediately and delayed treatment is less effective. Continue Reading

Large Verdicts in Truck Accident Cases on the Rise

Posted in Trucking Accidents

Now that the holiday season is upon us, traffic and congestion on roadways big and small is at a peak. Trucks and tractor trailers remain a common site on interstate highways and local roads. Recent data suggests that truckers are finding it harder to obtain liability insurance to cover their fleets. Some insurance companies have left the market in response to several large personal injury truck accident settlements that have been made over the past few years.

The Department of Transportation has reported that although the number of people killed in accidents with large trucks declined 20% over the past decade, the number actually increased last year. Furthermore, there has been an increase over the past few years in the number of large verdicts where juries award tens of millions of dollars or more to families of truck accident victims.

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Is an Assault at Work Compensable Under the New Jersey Workers’ Compensation Statute?

Posted in Workers' Compensation

Generally speaking, a person who is assaulted at work to receive workers’ compensation benefits must show that the assault is related to the employment relationship and not from a purely personal relationship. If the assault arises out of a clearly personal dispute, the injured employee may be barred from obtaining workers’ compensation benefits. The injured party may, however, be able to pursue a common law negligence claim against the co-worker who perpetuated the assault.

In a recent case, Lesley Joseph v. Monmouth County, Mr. Joseph appealed a workers’ compensation Judge’s decision to dismiss his claim after he was assaulted by another employee at work. The Judge found that the assault lacked any connection to the workers’ employment, as it arose out of the worker’s involvement with the other employee’s pyramid investment scheme. The injured worker appealed arguing that the fact that the assault happened in the workplace was enough to make it arise “out of and in the course of” employment.

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Nursing Home Patients Contract Deadly Bacteria from IV Syringes

Posted in Medical Malpractice

Contaminated syringes have been blamed for a deadly outbreak of Burkholderia cepacia bacteria that has infected nearly 150 people since August, including 52 cases in New Jersey. According the CDC “the majority of these cases have occurred in patients residing at long-term care or rehabilitation facilities who were receiving intravenous (IV) fluids and/or antibiotics through central venous catheters.” The outbreak may be linked to the deaths of six people who contracted the bacteria in the states of New York and Pennsylvania. The locations and number of known infections are detailed in the chart below:

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Are New Jersey Hospitals Safe?

Posted in Medical Malpractice

Some hospitals in New Jersey are doing a good job at health and safety—but many are still struggling to create a safe environment for patients. The November release of the Leapfrog Group’s “hospital report card” shows New Jersey tied with Texas at #17 in rankings for public health and safety.

Even though 25% of the New Jersey hospitals scored an “A” grade, the bad news for New Jersey is that 47% of the 68 hospitals reviewed received a grade of “C” or below. Additionally only three of the five hospitals that previously delivered straight “A” marks in the report were able to maintain their “perfect” health and safety status. These are Englewood Hospital and Medical Center, Saint Barnabas Medical Center, and Jersey City Medical Center.

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E-Cigarette Class Action Suit Stymied by Federal Law

Posted in E-Cigarette, Product Liability

A class action failure-to-warn lawsuit against e-cigarette companies was thrown out by the Central District Court of California last week. The suit, filed by plaintiffs from CA, IL, and NY, included claims that the accused companies, including Lorillard Tobacco Co. and Reynolds American Inc. (which bought Lorillard in 2014), deceptively advertised the health benefits of e-cig products over traditional cigarettes.

The judge ruled federal law superceded state regulations citing the U.S. Food and Drug Administration (FDA)’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act. Under Federal law tobacco products only need to carry a warning regarding the addictive properties of nicotine. States cannot mandate stricter labeling requirements.

The only claim that appears to have survived is Continue Reading