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.
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cme-concussion-2015-std-canonicalEvery day students from elementary school to college are sustaining concussions during sport or playground activities.  A concussion is a type of traumatic brain injury that can affect the student’s cognitive, physical emotional and sleep functions.  Recent research has shown that knowledge of a concussion’s potential effects on a student and appropriate management of the return-to-school process is critical for helping students recover from a concussion.  Clinicians and school personnel who are  are involved in the management of care for students with concussion can attend a one day conference on this subject organized on May 9th by the Children Hospital of Philadelphia. Click here for more info and to register. For detailed information on Traumatic Brain Injury see the CDC related web page.

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A 42 year old woman was loading her luggage in the trunk of a cab when she was hit by another cab that crashed into her and pinned her between the two vehicles. A witness who saw the crash said that the taxi crushed the leg of the woman who fell on the ground in extreme pain. The witness also stated that she lost a lot of blood. She was taken by ambulance to the hospital in critical condition. Both taxi drivers remained at the scene and none of them was charged as the police were till investigating the cause of the accident. This morning’s icy and slushy weather may have played a role in the crash. According to the sister of the victim, the woman was on her way back to California after she came to New York for the wake of a friend who was sick and had just passed away. Read more in the NY Daily News 

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Since last August in New York, the new Right of Way Law makes it a criminal misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Multiple drivers including 6 bus drivers have been charged and arrested for violating this law. Queens Coucilman Rory Lancman who was a supporter of the Right of Way Law when it came into effect is now saying that cops may have been over applying the law and is considering an amendment. Read more in StreetBlog

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NSC35,400 people died and 4.3 million people suffered personal injury that required medical attention last year on American roads according to preliminary statistics from the National Safety Council (NSC). The number of crash fatalities is 0.5% higher than in 2013 however because 2014 was a year of economical expansion during which the estimated mileage on US roads increased 1.4%, the estimated annual mileage death rate was 1.18 deaths per 100 million vehicle miles traveled, a decrease of 1% from the 2013 rate. It is also the lowest NSC preliminary estimate ever recorded. The number of personal injuries that occurred during a crash in 2014 was unchanged.  Read more in Automotive Fleeet

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In February 2013, a 64 year old female resident of a New York nursing home was sexually abused by a 42 year old male nurse.  After the case was adjourned several times (see previous blog), Nanic Aidasani pleaded guilty Monday at the Bronx Supreme Court to endangering the welfare of an elderly person and sex abuse. The plea will send him to jail for six months. He will also be registered as a sex offender and be stripped of his nursing license.  The family was happy that the case was finally closed but they found the sentence too lenient. Read more in the NY daily News



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Dangerous IntersectionA tractor trailer fatally hit a young man who was crossing a street in the Bronx, NYC, Tuesday night. The truck accident happened around 10.20 pm. 20 year old Kenny Valette was crossing Webster Ave near E. 174 Street when he was struck by a large truck that was making a right turn from the Cross Bronx Expressway exit ramp. The drivers remained at the scene while Valette was transported to the hospital where he died from his injuries. Read more in the NY Daily News.

According to, 1 pedestrian, 11 passengers and 3 vehicle drivers suffered personal injury in 29 collisions that took place  at the intersection of East 174 street and Webster Ave between August 2011 and February 2014. As shown in the Heat map this intersection is very dangerous.

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Build Safe NYCThe NYC department of Building just announced that the Construction Safety week will start Monday April 27th 2015 with the Build Safe / Live Safe conference. In this daylong series of seminars, Department experts will discuss industry trends and highlight safe construction operations.  Professional credit will be available. Tickets can be purchased here.


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oxy Elite dangerous productThe FDA is asking consumers to stop using the weight loss product  Oxy Elite Pro Super Thermogenic after the agency found  that the product was tainted with fluoxetine, a potential harmful class of drugs called serotonin reuptake inhibitors (SSRIs). When used without doctor supervision, SSRIs can have serious side effects such as sucidal thougts, abnormal bleeding and seizure. SSRIS use can be deadly and result in ventricular arrhythmia or sudden death when mixed with other medications such as aspirin, ibuprofen, or other drugs for depression, anxiety, bipolar disorder, blood clots, chemotherapy, heart conditions, and psychosis. Read more in the FDA press release

It is not the first time that the FDA has discovered hidden ingredients in Oxy Elite Pro.  In october 2013, 1 person died and 11 suffered serious personal injury and had to be hospitalized for liver failure in Hawaii after they used Oxy Elite Pro. The product was subsequently pulled from shelves nationwide. (see previous blog)


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10 pedestrians died and 1220 suffered personal injury  in traffic accidents last December bringing the total number of pedestrian deaths to 135  in 2014 compared to 168 in 2013 and 130 in 2014 according to car crashes data recently released by the NYPD.  The total number of pedestrians injured in vehicle accidents for 2014 was 11,000 compared to 11,978 the previous year, a decline of 8%. While pedestrian deaths are back around the level of 2012,  deaths as a result of a bicycle accident increased by 73% with 19 fatal bicycle accidents in 2014 compared to 11 in 2013. The number of people injured in a bicycle accident decreased by 2% with 3960 cyclists injured in 2014 compared to 4043 in 2014.

Globally New York City roads were less dangerous in 2014 than in 2013 with a total of 250 people dying in crashes in 2014 compared to 286 in 2013 – a decline of 12% – and 50,896 road users suffering personal injury in 2014 compared to 54,818 in 2013 – a decline of 7%.


new york traffic accident deaths 2013 2014new york traffic accident personal injuries 2013 2014

Even though pedestrian deaths and injuries decreased in 2014, the number of pedestrians suffering personal injury in a vehicle accident was above 1200 in December, the highest monthly number for the last two years. Monthly pedestrian deaths never went over 15 in 2014, an improvement compared to 2013, a year during which the monthly number of deaths jumped to 25 in November and 20 in January.

New york pedestrian injuries and deaths 2013 2014

Fatal bicycle accidents almost doubled last year in New York City with most of them happening during the warm months of the year. Last August, 4 people died in a bicycle accident, the highest monthly number of fatal bicycle accidents recorded over the last two years.

New York Bicycle Accidents 2013 2014

New York Bicycle Accident Personal Injuries and Deaths 2013 2014

Bus accidents and truck accidents were both on the rise in 2014 compared to 2013. There were a total of  7252 bus accidents in 2014 compared to 6729 in 2013, an increase of 8%.The number of large truck accidents increased by more than 9% with 7887 accidents in 2014 compared to 7215 in 2013. The months of May and October were the worst with the total number of bus and large truck accidents going above 1400 a month.

New York bus and truck accidents 2013 2014





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Sharing diabetes pens among patients is a gross medical malpractice that can lead to transmission of infections and viruses such as HIV and hepatitis viruses.  According to the FDA, since 2008 thousands of patients may have been exposed  to blood-borne pathogens from the sharing of multi-dose pen devices for insulin and other injectable diabetes medicines. In 2009 the FDA was informed that 2,114 patients  from a U.S. army facility had been injected with pens that had been used on other patients. Then in 2011, 2,345 patients from the Dean Clinic in Wisconsin were notified that pen and needles had been shared among patients. More recently in 2013, 716 patients from the Veteran Health Administration were notified of potential exposure to infections through the sharing of diabetes pen. Last March in New York, the South Nassau Community Hospital in Long Island contacted 4000 patients to be screened for HIV and Hepatitis after a nurse said she was using the same insulin pen for multiple patients (see previous blog).

Insulin pens and pens for other injectable diabetes medicines should never be shared among patients, even if the needle is changed. To promote safe use, the FDA is requiring that pens and packaging containing multiple doses of insulin and other injectable diabetes medicines display a warning label stating “For single patient use only.” Read the safety announcement from the FDA