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.

February 11, 2014

A New York Nursing Home resident died of his injuries after being beaten by another resident several days ago

New%20Gloria%27s%20manor.PNGA fight between residents in a NYC nursing home lead to the death of one of them. Heraldo Gonzalds 56, a resident of the New Gloria's Manor Home for Adults, in Belle Arbor, Queens, New York was beaten so severely by 54 year old Bienvenido Cruz, another resident, that he was transferred to a hospital and died of his injuries several days after the fight. (see New York Daily News)

New York Nursing home staff do not seem to be prepared to handle cases of residents being abused by other residents. A few months ago in a previous blog we wrote about another fight in a Queens nursing home that also ended with the death of one of the patients.

With a growing number of the older population suffering from Alzheimer, dementia or traumatic stress disorder, residents of nursing homes can be at risk of other residents violence. It is very difficult to know exactly the extend of this type of abuse because only fights resulting in severe injury or death are reported.

A recent study from the School of Nursing, Arkansas State University, Jonesboro, Arkansas, looks at the different triggers of resident to resident violence in nursing homes and identify that two categories of triggers emerged from the study: active and passive. Active triggers involved the actions of other residents that were intrusive in nature, such as wandering into a residents' personal space, taking a resident's belongings, and so forth. Passive triggers did not involve the actions of residents but related to the internal and external environment of the residents. Examples were factors such as boredom, competition for attention and communication difficulties. Results indicate that there are factors, including unmet needs within the nursing home environment that may be identified and altered to prevent violence between residents.

February 11, 2014

Bad sleeping habits are the main cause of drowsy driving, one of the leading causes of fatal car accidents

Drowsy driving is the second leading cause of fatal vehicle accidents after drunk driving. 6,800 drivers die every year in the US after falling asleep at the wheel. An estimated 250,000 Americans drive drowsy everyday mostly because they have developed bad sleeping habits. Some drivers experience a phenomena called micro sleep during which a vehicle driver falls asleep for a few seconds without realizing it. This video demonstrates how sleep deprivation can put drivers at risk of a car accident.

February 11, 2014

To prevent Construction Accidents the NYC Department of Buildings will be holding its annual seminar "Build Safe" April 29th 2014

How to prevent construction accidents in New York? The NYC Department of Buildings seminar "2014 Build Safe" is an event during which engineers, architects and construction experts will outline recent New York industry trends and discuss a vision for the future of construction operations in the City.

The program also includes several construction safety courses for professional credit.

Click here to register or learn more about it


February 11, 2014

The diabetes drug saxagliptin marketed as Onglyza and Kombiglyze XR) may be a defective drug that increases the risk of hospitalization for heart failure

diabetes%20drug.jpgDrug manufacturers are liable for the safety of their products. Mostly for profit reason some trial results may be overlooked and drugs may be launched on the market with dangerous side effects. A recent study published in the New England Journal of Medicine showed that patients with diabetes using the drug saxagliptin had an increased risk to be hospitalized for heart failure.
For this reason The FDA just published a safety announcement that it requested clinical trial data from the manufacturer of saxagliptin to investigate a possible association between use of the type 2 diabetes drug and heart failure.

Read the Safety Announcement from the FDA

February 10, 2014

Will the new CMS proposal to reduce access to antipsychotic drugs and antidepressants by nursing homes prevent abuse or create health risk to the elderly?

Unnecessary use of antipsychotic and antidepressant drugs by nursing homes has lead to abuse and has been a preoccupation of the Centers for Medicaid and Medicare Services (CMS) for many years. A proposal for a new rule to modify access to antidepressants and antipsychotic drugs was published by the CMS last month. The CMS proposes to eliminate the antidepressant drugs and some immunosuppressant drugs from the list of protective classes by the beginning of 2015. The antipsychotic drugs would be removed from the protected list a year after to facilitate medication transition for people taking these drugs. While some believe that this change of policy would reduce the overuse and misuse of antipsychotic drugs by nursing homes others believe that unnecessary change of antipsychotic drugs in a patient can have very negative consequences for his or her health. What do you think?

The CMS is accepting comments on this proposal until March 7th 2014.

Read more in Annals of Long Term Care

February 10, 2014

New York pedestrian suffers injuries resulting in his death in hit and run truck accident

A commercial truck driver crushed a pedestrian in Brooklyn and just sped off as the man was left unconscious. The 70 year old pedestrian was pushing a shopping cart alongside a parked commercial truck. When the pedestrian was at the level of the cab door, the truck pulled out, crushed the man and continued without stopping. The man was found unconscisous at the place of the accident and died at the hospital. The police are still looking for a dark color three axle truck.

Read more in New York CBS

Anyone with information in regards to this incident is asked to call the NYPD's Crime Stoppers Hotline at 800-577-TIPS. The public can also submit their tips by logging onto the Crime Stoppers Website at WWW.NYPDCRIMESTOPPERS.COM or texting their tips to 274637(CRIMES) then enter TIP577

February 10, 2014

3 Adults and 16 children suffered personal injury after an Ambulance crashed into a School Bus in Brooklyn, NYC

3 adults were seriously injured in an accident between an ambulance and a school bus that happened yesterday night in Brooklyn, New York. The 16 children who were in the bus suffered only minor injuries.
The ambulance was speeding down Fort Hamilton Parkway and the bus was crossing on 51st street when the accident happened.

Read More in the New York Daily News

Ambulance%20and%20Bus%20Accident.jpgSource Ken Murray, Daily News

February 10, 2014

Falling Ice from Freedom Tower in NYC can lead to serious personal injury

Falling%20Ice%20risk.jpgThankfully nobody suffered personal injury in New York after big chunks of ice fell from the Freedom Tower and other buildings from the World Trade Center. Ice patches have been forming on the the sloped roof of the freedom Tower as well as the rounded corner areas. Because the building is still under construction, it is not heated, allowing the ice to build. When the temperature rose at the end of the week, the ice started to melt. Big chunks fell on the ground putting pedestrians at risk of a catastrophic head injury or death. The Police finally closed the street after pedestrians had to run for cover several times. The CDC estimates that every year in the United States 15 people will die from falling ice injury.

Read more in the New York Daily Newshere and here

February 7, 2014

Medical Malpractice Prevention: women face a higher risk of stroke than men and should get extra monitoring

Women are at a higher risk of a stroke than men because they have unique risk factors associated with pregnancy and the use of hormones. The guidelines from the American Heart Association and American Stroke Association were the first such recommendations aimed at preventing strokes in women. Stroke is the fourth-leading cause of death for all Americans and a leading cause of disability. It’s the third-leading cause of death for women, after heart disease and cancer.

Read more in the Washington Post

Today Is American Heart Association National Wear Red Day, wear red to show that you support women living longer, stronger lives. Encourage your loved ones to do the same.

February 7, 2014

Truck Accident Prevention: controversy over the Compliance, Safety, Accountability enforcement program and its Safety Measurement System

truck%20accident.jpgUnsafe commercial carriers are the cause of many truck accidents and must be kept off the road. For this purpose the Federal Motor Carrier Safety Administration launched in 2010 the Compliance, Safety, Accountability (CSA) enforcement program that includes as its main component a tool called the Safety Measurement System (SMS). The CSA and SMS goal was to identify and prioritize motor carriers that pose the highest threat to public safety for enforcement interventions.

At the beginning of this week a study from the Government Accountability Office announced that even though the CSA program was a success, improvement was needed. The watchdog agency was especially worried that the insufficient amount of data obtained from small commercial carriers was not good enough for reliable statistics. The American Trucking Association had previously voiced the same type of warnings.

The FMCSA fought back and came up two days ago with a new study conducted by the Volpe Center, the research arm of the U.S. Transportation Department that confirms CSA effectiveness. Researchers used pre-SMS historical data and to test the system. According to the research, “results show that the companies the SMS would have identified for interventions, such as roadside inspections, warning letters and on-site investigations, had a future crash rate of more than double the national average,” FMCSA said. “In addition, 79% of the carriers that SMS would have ranked as high risk in at least one of the seven safety categories it monitors, had higher future crash rates compared to those it would not have identified”.

The ATA agreed with the above but also replied that the Volpe Center report acknowledged the limited amount of data available for small carriers. “Perhaps most importantly, the report acknowledged that while the aggregated CSA data may be helpful for enforcement purposes, it can be misleading with respect to assessing the performance of individual carriers,” said ATA. “In fact, 93% of the carriers monitored in the study had no crashes."

"The report demonstrated that if you compare the performance of the relatively few fleets that have scores in the system against other carriers, including those with minimal data in the system or no scores, you can paint a positive picture of the program," said ATA President and CEO Bill Graves.