Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf 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.
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DR samadi is suspected of medical malpracticeDavid Samadi, a star surgeon in New York is suspected of medical misconduct after investigators found that he had been booking 2 to 3 surgeries at the same time and let unsupervised and inexperienced residents handle them. An investigation by the New York State Office of Professional Misconduct is continuing. Residents also complained that they weren’t properly trained. The celebrity urologist is the Chairman of Urology and the Chief of Robotic Surgery at Lenox Hill Hospital in New York. He earned $6.7 million in 2015 as a specialist in robotic prostate surgery. The Boston Globe Spotlight Team has published a detailed account of his practices. Link below. They found that he keeps track of his robotic surgeries on a board in one of his operating rooms. They obtained a photograph of the board that listed 1,380 robotic surgeries between July 2013 and January 2017. According to The Globe investigation The American Urological Association investigated Samadi’s advertising practices based on complaints from other urologists causing him to scale back claims that he had cured 97 percent of his prostate cancer patients. Lenox Hill Hospital is making millions of dollars a year a from his surgeries.

The practice of double booking is not considered medical malpractice as long as the teaching physician is present during “the critical part” of the surgery. However in the case of David Samadi, it appears that the doctor would never show up during most non robotic surgeries and let residents handle them. According to data provided by the  hospital, David Samadi performed 2,200 operations in 3 years. That’s 733 operations per year and 2 to 3 operations every working day of a year. The Globe investigation found that operations were overlapping in 70% of the cases and hundreds of times one operation would completely overlap with another.  Most of the time overlapping procedures would occur when Dr. Samadi would be performing a robot-assisted operation. On his website the doctor tells patients “He remains the surgeon for the entire procedure and is in control of the robot at all times”.  If Dr Samadi is assisting during the entire procedure how can he at the same time be in another room supervising residents during “critical parts”? This is an example of placing money ahead of good patient care.

Read more in the Boston Globe 

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Morgan Wang suffered Spinal Injury in a NY Car AccidentBen Rubinowitz, managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf just obtained one of the largest verdicts ever in the Country for a Spinal Injury case. The Plaintiff, Morgan Wang, was awarded $71 Million by a Manhattan Jury last Thursday.

The case was tried before Supreme Court Judge James d’Auguste. After 3 weeks of trial, the Manhattan Jury awarded Ms. Wang a stunning amount of money to fully and fairly compensate her for injuries suffered in a car accident in New York in August of 2012. The jury awarded $5 million for her Past Pain and Suffering, 6 Million for her Future Pain and Suffering and 60 Million for her medical needs over her lifetime. “We put in an incredible amount of time and effort to make sure Morgan received Justice” said Ben Rubinowitz, who represented Morgan at trial, noting that “this young girl suffered life changing injuries.” She came to the right law firm. “We have a tremendous amount of expertise with Spinal Cord Injuries and no one will work harder or prepare for trialthe car after the accident better than us” said Rubinowitz.

The jury of 3 men and 3 women took two days to reach their verdict. Morgan suffered a fracture of her Lumbar Spine, often referred to as a broken back. Although she is now able to walk with braces, she still suffers from Neurogenic Bowel, a condition that makes it difficult for her to move her bowels.  As a result she will need continued medical and psychiatric care for the rest of her life. “Morgan is an amazing young woman” said Rubinowitz. “She refused to listen to her doctors at the trauma center who said she would never walk again. She overcame tremendous obstacles and worked through her pain at Mt Sinai Rehabilitation Center in Manhattan to learn to walk again. She is the epitome of someone who will never give up. I am proud of Morgan. She cares deeply about people and, to show you how remarkable she is, she now donates her time to help injured veterans. It was an honor to represent Morgan.”

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Julia Sands and Daniel PollakIn their recent article in the New York Law Journal, Julia Sands, A New York Attorney and Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City, write: “Discrimination based on gender in many settings is illegal. However, because children in group homes are a particularly sensitive and vulnerable population to work with, there is a potentially tricky balance between steering clear of discrimination while hiring”. There is little information that can be found about the gender of staff members in group homes and there is no legislation in this field. In the article, Sands and Pollack review legal cases in the correction field  dealing with cross-gender supervision that may serve as examples for the residential group home arena.

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gas-metersTo prevent dangerous gas explosions or other gas accidents in New York City, the New York City Council passed the Gas Piping Work Civil Penalty Amnesty Program last spring.  This program that will end soon offers home owners the opportunity to bring potentially unsafe gas piping work up to code compliance without being subjected to any penalties. Home owners have until October 5th to apply for a permit. In most cases the Department of Building will authorize the request the same day as it was submitted.  For more information email LAA-Amnesty@buildings.nyc.gov read this Patch article

This amnesty program was created after investigations in recent deadly NYC gas explosions concluded that explosions were caused by negligent or illegal installations of pipes. In 2014 an explosion in an East Harlem building caused the death of 8 people. Last year another explosion in the East Village destroyed 3 buildings and killed two people.

Picture: courtesy of DOB

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matthew vo nohlen died in a NYC bicycle accidentLast year Matthew Von Ohlen was riding his bike when he was intentionally hit by a driver who left him dying at the scene of the accident. The accident occurred on July 2nd 2016 on the Grand Street bike lane in East Williamsburg. Brooklyn, NYC.  Von Ohlen was heading home after a night shift at work in Manhattan. Surveillance video of the accident show Von Ohlen riding in the designated bike lane and being intentionally struck by a car. The video clearly shows the car slowing down and moving into the bike lane to strike him. The bicyclist fell, the car ran over him and then dragged him 10 to 20 feet before speeding away. The  car driver was later identified as 56 year old Juan Maldonado,a  South Williamsburg resident. He was arrested by the police.

During an 11-day trial , Maldonado appeared in a courtroom filled with friends and family members of Matthew Von Ohlen. On Monday the jury delivered the verdict after 3 hours of deliberation. Maldonado was found guilty of manslaughter, leaving the scene of a fatal crash, and reckless driving.  Maldonado will appear in Court again on October 18 when he may be sentenced for up to 15 years in prison.

Read more in DNA Info

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motorcyle accident2 men died in motorcycle accidents in NY on Monday.

A Queens motorcyclist died after colliding with a car around 7:30 pm. 26 year old Jamie Pusey was riding his motorcycle on Merrick Boulevard when he collided with a car near 130th Street in St. Albans. The motorcyclist flew of  his bike and fatally fell on the asphalt. The 20 year old driver stayed at the scene of the accident. He wasn’t charged. Investigation is ongoing.

The accident occurred just an hour after another biker was killed in Long Island.

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Inadequately Maintained Building New YorkA woman fell 6 feet after the sidewalk of an inadequately maintained building collapsed under her. 47 year old Mariana Fuentes is a flower vendor in Washington Heights. Last Saturday around 7:40 am she parked her cart next to a building located on West 158th Street near Broadway. Suddenly the sidewalk collapsed and she fell 6 feet down into an abandoned underground vault. Her husband who was standing near her when the accident happened watched in horror. There wasn’t much he could do to help her as he was himself injured after having been run over by a city bus a while ago.

A good Samaritan who saw the accident, brought a ladder and went down to help Fuentes. He found her lying on the ground with a big concrete slab on her leg. He wasn’t able to remove it but he stayed next to Fuentes until EMS arrive. The firefighters were able to free her and bring her out on a backboard. She was transported to the hospital with serious injuries. Inspectors from the Department of Building came and issued a partial vacate order for the underground vault and the sidewalk as well as for an adjacent building. A sign on the building  read “The Department of Buildings has determined that conditions on these premises are imminently perilous to life”. The hole was covered with police tape and plywood.

The Fuentes have been living on the block for more than 20 years. The flower business is the family’s only income.

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Hudson Yard had many construction accidents2 construction workers died and another one was seriously injured in New York last Thursday at 2 different locations.  The first fatal accident occurred around 9:15 in the morning. 43 year old Juan Chonillo, a veteran construction worker and a father of 5 was working on the 29th floor of the 1 Seaport Residences construction site when he lost his balance. He fatally fell on the top of the scaffold bridge installed above the sidewalk. Just before the accident Chonillo was raising a concrete framework to lay concrete on the floor. According to his cousin Angel Munoz, at the time of the accident Chonillo was trying “to free the crane from the building after a cable got stuck somehow”. Chonillo who was trained and certified. He was wearing his harness but it wasn’t attached to anything. Chonillo had 10 years experience in the New York construction industry including several construction sites in the Financial district. The day before the accident the DOB issued a partial  stop work order for the unsafe operation of a crane. It appeared that the crane had been installed without a permit. It is not exactly clear so far if the death of the worker is directly related to the unsafe installation of the crane. Prior to the accident the construction site was hit with 28 complaints including several failures  to safeguard workers and property and a failure to provide a concrete safety manager at the time of an inspection. Chonillo was employed by the contractor Pizzarotti IBC. The construction site of the luxury all-glass residential building is located at 161 Maiden Lane.

Later on during the same day, two other construction workers fell 36 feet from a bucket lift at a construction site located at 401 9th Ave. The buildiing is part of the Hudson Yards development. One of the workers died and the other one was seriously injured. He was rushed to the hospital. According to NBC New York, the two workers were wearing a safety harness but were not attached to the bucket. It is the second time that a worker fell to his death at this location. Last June, Roger Vail was surveying the 16th floor of the building when he stood on a wooden platform that gave way (see previous blog).  The site was temporarily shut down in June and then re-opened after a safety plan was submitted to the city. Read more in the NY Daily News

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accident sceneA pedestrian in a wheelchair was seriously injured after being hit by a cab in New York. The elderly man whose identity wasn’t revealed was in a motorized wheelchair on Park Ave near 86th street when the taxi struck him. The accident occurred yesterday afternoon around 2 pm. The cab driver stayed at the scene of the accident. The NY Daily News indicates that he was taken into custody for a charge not related to the accident.

Over the summer several accidents involving yellow cabs occurred on the Upper East Side. On September 14th a woman died after being hit by two consecutive yellow cabs on Lexington between 68th and 69th street (see previous blog). In August, a family who was brunching at the corner of 85th and Second Ave was almost killed after two cabs collided (see previous blog).  In July, 80 year old Barbara Horn was killed by a yellow taxi while she was in the crosswalk. The taxi was making a left turn from third Ave onto 70th street (see previous blog).

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3 people died and 16 suffered injury in a bus accident that occurred in Queens, NYC, last week. Around 6:00 am last Monday, 49-year-old Raymond Mong was driving an empty charter bus owned by the Dahlia tour company when he ran a red light and crashed into a MTA bus in Flushing. The crash occurred at the intersection of Northern Boulevard and Main Street.  Footage from a security camera shows the Dahlia bus recklessly speeding through the intersection and crashing into the MTA bus which was making a right turn from Main street onto Northern Boulevard.

The bus driver, Raymond Mong, died in the accident as well as a pedestrian (68 year old Henry Wdowiak) and a MTA bus rider (55 year old Gregory Liljefors). Among the 16 other people who were injured in the accident, five of them were still hospitalized with 3 of them in critical condition.  According to the most recent results of the investigation,  Mong drove through the intersection at a speed of 58 mph. The maximum speed limit in the city is 25 mph.

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