Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

June 11, 2014

Product Recall: error in labeling prompts Diabetic Supply of Suncoast, Inc to recall Advocate Redi-code+ Blood Glucose Test Strips

A labeling error in the packaging of Advocate Redi-Code+ BMB-BA006A blood glucose test strips may cause confusion about which meter models the strips are designed to be used with. As shown in the picture below the manufacturer omitted to write the name of the meter model (BMB-BA006A) with which the strips have to be used.


The confusing labelling may lead customers to believe they can use these test strips with the Advocate Redi-Code blood glucose meters, model numbers TD-3223E, TD-4223E, TD-4223F, TD-4276 manufactured by Taidoc Technology Corp which could result in incorrect glucose results.

Incorrect glucose results may lead customers to choose inappropriate treatment which could ultimately result in serious personal injury or death.

Read more in the FDA Press Release

June 11, 2014

The house passed an amendment that would prevent the FMCSA from increasing minimum interstate motor carrier insurance levels

In the event of a truck accident, interstate motor carriers need to have enough insurance to cover the harm that they may have caused. Therefore all such carriers are required by law to be insured to a minimum level. The current minimums, set in 1985, are $750,000 for general freight, $5 million for the most dangerous hazmats and $1 million for other hazmats. Following a recent report to the Congress demonstrating that minimum insurance requirements for interstate truckers were too low, the FMCSA started to work on a new rule.

However yesterday, the U.S. House approved an amendment that would stop the Federal Motor Carrier Safety Administration from changing insurance minimums. The amendment is a long way from becoming law but it highlights opposition to the agency even considering a change in the minimums.

Read more in Trucking Info

June 11, 2014

The Food and Drug Administration reclassifies sunlamp products from low risk (Class I) to moderate risk (Class II)

Sunlamp products and UV lamps pose a risk of skin cancer especially among young people below 18 years old and people with a history of skin cancer in their family. To address this risk the FDA recently reclassified all sunlamp products from low risk to moderate risk. Additionally, the FDA now requires that sunlamp products carry a visible black-box warning on the device that explicitly states that the sunlamp product should not be used on persons under the age of 18 years. Some marketing materials also have to include specific warnings.

Read the FDA press release

Picture: Courtesy of Wikipedia

June 11, 2014

Another deadly bicycle accident in Queens, NYC

Yesterday a cyclist was struck by a minivan and died near CitiField in Queens, New York. This is the second deadly bicycle accident in Queens in less than 3 days. (read more in the New York Daily News). On Saturday, a 58 year old cyclist died after being struck by a car on N. Conduit near 225 Street (see previous blog).

The accident happened on 126th Street near Roosevelt Avenue. According to NYC Crashmapper, another cyclist previously died in a traffic accident at the intersection and 9 other cyclists were injured at this spot over a period of 31 months.

Image Source: NYC Crashmapper

June 9, 2014

A cyclist and a pedestrian died in two separate car accidents on N. Conduit Ave in Queens, NYC, during the week-end

A 58 year old cyclist died after he was struck by a hit and run driver on North Conduit Ave in Queens this week-end. A few hours later a pedestrian was struck by a car on the same avenue a few miles away and died from his injuries at the hospital.

The first accident happened near the dangerous intersection of 225 Street and N. Conduit. According to NYC Crashmapper, over the last 31 months 130 people were involved in 61 collisions and 14 of them suffered personal injury at this intersection. 2 pedestrians, 1 cyclist, 9 passengers and 11 vehicle drivers were among the 14 injured.


The second accident happened at the intersection of 130 Street and N. Conduit Ave which is also an intersection with a high rate of accidents. According to NYC Crashmapper, over the last 31 months, 64 collisions happened at this intersection. 148 people were involved. 1 pedestrian, 1 cyclist, 15 passengers and 12 drivers suffered personal injury.


Read more in the Gothamist
Screenshot courtesy of NYC Crashmapper

June 5, 2014

The investigation conducted after a subway train derailed in Queens, NYC, doesn't suggest the MTA received a defective batch of rails

The Metropolitan Transportation Authority announced that the subway accident during which the F train derailed was not due to a defective batch of rails. MTA spokesman, Adam Lisberg, said that the agency had tested 70 rails that came from the same batch and none of them were defective. The MTA is expected to receive additional results of tests conducted on the rail that snapped. The area where the derailment happened had previously been identified by the MTA as having a high concentration of rail breaks and the agency had plans to address the issue.

Read more in the NY Daily News

June 5, 2014

A man died in a truck accident in the Bronx, NYC, after a manhole cover flew through his windshield

Jose Duran was driving his truck on the Cross Bronx expressway when a manhole cover crashed through his windshield striking him in the head. He lost control of his vehicle and crashed into another tractor trailer. No one else was hurt. Duran was declared dead upon his arrival at the hospital.

Read more in the New York Daily News

June 5, 2014

This week, Safety Stand Down to prevent falls in construction are being held in New York and all over the nation

Falls are the leading cause of death in the construction industry in New York and in the US. Many of those deaths are preventable. To raise awareness of preventing fall hazards, OSHA asked employers in New York and all over the nation to organize during this week a voluntary event to talk to their employees about fall prevention safety.

In New York State, several events already occurred at the beginning of this week. On Monday June 2nd Turner Construction Company suspended work across the company to deliver a message focused on "Proper Pre-Task Planning for Safety" to 45,000 employees. The same day, in Malta, NY, Turner hosted a falls in construction stand down for 700 employees.
On Tuesday, in Manhattan, Related Hudson Yards hosted two falls in construction stand down events along with the sites general contractor, Tutor-Perrini (Buildings) for about 800 employees.
Also in Manhattan, yesterday the New York City District Council of Carpenters hosted a stand down for 125 apprentice carpenters.
Today the New York City Department of Environmental Protection hosted two falls in construction stand down events at the Tallman Waste Water Treatment Plant in Queens, NY this morning and at Bowery bay WPCP 45th Street Queens, NY this afternoon.
Tomorrow in Wappingers Falls, Schiavone Construction will host fall prevention talks during which OSHA’s Tarrytown Area Office Compliance Assistance Specialist will provide Fall Prevention Tool Box Talks to employees and management.

To read more about safety stand down events in New York click here

June 5, 2014

Since the beginning of the year 39 pedestrians and 3 cyclists died in traffic accidents compared to respectively 55 and 1 during the first four months of 2013

According to the recently released NYPD motor vehicle collisions report, there were a total of 16,265 motor vehicle accidents in New York City in April compared to 15,796 in March and 16,412 in April 2013. For the first four months of the year the total number of accidents in NYC increased to 64,341 compared to 62,850 in 2013.

A total of 21 people died in traffic accidents in April compared to 15 in 2013.
Looking at the first 4 months of the year, the number of people dying in a crash is slightly lower in 2014 with 72 deaths compared to 84 deaths in 2013. For the last 3 months, this number is 51 in 2014 compared to 56 in 2013.

The number of pedestrians dying in traffic accidents slightly declined with a total of 8 pedestrians killed in April 2014 compared to 11 in April 2013 and a total of 39 pedestrians deaths over the last 4 months compared to 55 in the same months of 2013.

The number of cyclists dying in vehicle accidents increased from 1 to 3 in the 4 first months of 2014 compared to the same months of 2013.

6 vehicle passengers died in traffic accidents in the month of April 2014. This number is unusually high. The average number of passengers dying in a vehicle accidents in NYC every month is of 2.


For the last 3 months 2626 pedestrians suffered personal injury in traffic accidents compared to 2877 in the same months of 2013. In April 854 pedestrians were injured compared to 904 in April 2013.

306 cyclists were injured in April 2014 compared to 288 in April 2013. 589 cyclists were injured in NYC accidents from the beginning of February to the end of April 2014 compared to 608 for the same period of 2013.


Accidents related to distracted driving have been rising every month from February to April. Distracted driving is the main cause of traffic accidents in New York City.


June 4, 2014

Mistrial declared in the wrongful death lawsuit related to a 2008 New York crane accident

AzureNYCcraneaccident.jpgThe long legal battle that ensued after two construction workers died in a crane collapse on 91st Street and First Avenue in Manhattan in 2008 just took another unexpected turn last week.

After the owner of New York Crane and Equipment Corporation, Jame Lomma, was cleared of all charges in a criminal prosecution in 2012 a judge just declared a mistrial in the civil lawsuit against the construction magnate because he was hurt in a bad car accident and was still in the hospital.

The families of the victims, Donald C. Leo, the crane operator and Ramadan Kurtan, a sewer worker, who were suing James Lomma for wrongful death, will have to wait at least until September to pursue their fight for justice.

Read more in CBS New York
Picture: courtesy of Condopedia