New York Personal Injury Attorneys Blog

This is from a Seminar by The New York State Bar Association, Construction Site Accidents: The Trial of a Labor Law Case. The Seminar was developed by Howard S. Hershenhorn who was the over -all planning chair. In this segment Mr. Hershenhorn gives a demonstration of an opening statement on behalf of a worker injured in a New York Construction Accident. The full seminar is recorded and available for CLE Credits from The NYSBA.

For more information on New York construction accidents contact the New York Construction Accident Lawyers at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz.

By Anthony H. Gair;

This discussion involves a medical malpractice case, which was tried in New York Supreme Court, New York County, in which a woman who had since birth a congenital abnormality known as an hemangioma on the left side of the face which is caused by an abnormal distribution of blood vessels. There are different types of hemangiomas such as capillary or cavernous hemangiomas which may actually cause physical impairment. The type of hemangioma the plaintiff had was an intradermal hemangioma often referred to as a port wine stain because of its color which does not cause physical impairment. Since her teenage years, she was able to cover it up with make-up. When she was 40 years old she developed what are known as blood spots or blisters, which are raised areas on the hemangioma which caused difficulty in covering it with make-up.

Being concerned about it, she consulted with the defendant-plastic surgeon. Plaintiff claimed she only went to the physician because of the blood spots. It was claimed she had lived her entire life with the birthmark and only desired treatment for the blood spots.

Plaintiff’s strategy at trial was that the defendant was solely a cosmetic surgeon, not a reconstructive plastic surgeon who dealt with devastating physical disfigurements. The idea was to portray her as highly mercenary, going so far as to advertise extensively for patients who she claimed she could make look better. Plaintiff asserted that she told the defendant she was concerned with the blood spots because she couldn’t cover them with make-up. She testified that the defendant told her not only could she get rid of the blood spots but that she could remove most if not all of the hemangioma. The plaintiff, as would be expected, became very emotional that after all these years the hemangioma could be removed.

Continue reading " NEW YORK MEDICAL MALPRACTICE, ELECTIVE PLASTIC SURGERY " »

The following is an extract from a report in The National Edition of Verdict Search, Vol. 8 Issue 6, June 2009.

Our Partner, Ben B. Rubinowitz represented the plaintiffs, Gloria Aguilar and Aristides Aguilar.

On Nov. 4, 2005, plaintiff Gloria Aguilar, 45, a homemaker and part-time housecleaner, was struck by a New York City Transit Authority bus. The incident occurred on West 50th Street, alongside its intersection at 10th Avenue, in Manhattan. Aguilar sustained injuries of her arms, head, legs and torso. Aguilar sued the bus's driver, Andrew Monaco, and the bus's operator, the New York City Transit Authority. Aguilar alleged that Monaco was negligent in his operation of the bus. She further alleged that the New York City Transit Authority was vicariously liable for Monaco's actions.

Aguilar's left leg was crushed by the bus's front right tire. She also sustained an injury of her right leg and abrasions and road rash of her head, limbs and torso. She was placed in an ambulance, and she was transported to Bellevue Hospital Center, in Manhattan. Her left leg could not be saved, so it was amputated below the knee.

Aguilar subsequently developed an infection of the remaining portion of her left leg. As a result, she had to undergo surgeries that included further amputation of the leg. She ultimately lost her left knee and about four additional inches of the area above the knee. She wears a prosthetic device. Her hospitalization lasted two months, and she subsequently underwent orthopedic treatment. Aguilar claimed that she suffers residual damage of her legs' nerves. She also claimed that she experiences "phantom" pain that seems to stem from the missing portion of her left leg. She further claimed that she undergoes treatment of residual psychological conditions that include post-traumatic stress disorder and major depression. She contended that her disability prevents her resumption of work.

Aguilar's life-care-planning expert opined that Aguilar must undergo lifelong physical therapy. He also opined that Aguilar's prosthesis must be replaced every three to five years. Aguilar sought recovery of about $5.6 million for her future medical expenses. She also sought recovery of damages for her past and future pain and suffering. Her husband sought recovery of damages for his past and future loss of services and society.

This case was also reported in The New York Times.

Our Partner Jeffrey B. Bloom will be speaking at this program to be held on Wednesday, September 23, 2009 through Thursday, September 24, 2009 at New York's Hotel Pennsylvania, 401 Seventh Avenue (at 33rd St.), New York, NY.

This program is designed for recent law school graduates and newly admitted attorneys to “bridge the gap” between law school and the realities of practicing law in New York State. Learn practical information from skilled and experienced practitioners and get the skills you need to make a smooth transition from law student to attorney. Newly admitted attorneys can satisfy all of their annual MCLE requirements by attending this two-day program.

Jeff will be speaking on Wednesday, September 23, 2009 on COMMENCING A CIVIL LAWSUIT IN NEW YORK STATE. For more information click here.