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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A man suffered serious personal injury after a dozen bricks fell on his head in the Bronx and a tractor trailer flipped over on the George Washington Bridge yesterday night as a heavy storm ravaged the New York City Metro Area, New Jersey, Long Island, Southern Connecticut and the Lower Hudson Valley.

Strong winds with gusts over 50mph caused a tractor-trailer truck to flip over on the George Washington Bridge yesterday night a little before 10;00 pm. Thankfully nobody was injured in the truck accident. A man in the Bronx was less fortunate. As he was heading home bricks from a building fell on his head. He was seriously injured according to the NYPD. A witness said that after the accident the man could barely move and had blood all over his face. The police also investigated the possibility that the wind may have caused an entire building to collapse in the Bronx as well.

A sidewalk shed collapsed in Brooklyn.

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"VFMLID=29968756"Thankfully nobody was injured in a scaffold accident that happened yesterday in Midtown Manhattan. Two workers were replacing glass windows at the Marriott Courtyard Manhattan hotel located at 1717 Broadway when an electrical problem caused the scaffold to stop operating. The two men were left dangling 65 stories above ground. The hotel had to call first responders to save the two workers. The two men had to wait an hour and half in very inclement weather before the first responders were able to secure them with ropes and to cut through the glass to bring them in.

Read more in the NY Daily News

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David NewmanIn another case of medical malpractice related to sexual assault in New York, a patient filed a lawsuit against the Mt Sinai Hospital and against Dr David Newman  an ER doctor who allegedly drugged her and then ejaculated on her face.  The patient had checked in at the Mt Sinai Emergency Room for shoulder pain. She was given morphine and was asked by the nurse to remove her bra and put on a gown to get an X-Ray. After the X-Ray, Dr. David Newman walked into the room where the patient was lying on a bed. He told her “I am going to give you a shot of morphine”. The patient told him that she was already given morphine by the nurse but she felt a burning sensation on her arm and believes she was administered another shot of morphine by the doctor. The patient alleged that when the doctor was examining her he started fondling her breast. She also alledged that after forcibly touching her he started masturbating and ejaculated on her face. She couldn’t move because she was heavily medicated. After he finished the doctor wiped the semen off her face. However when the patient woke up she found some left over semen on her face and on her chest and she wiped it with her gown. She then saved the blanket and the gown as evidence. DNA tests matched Dr Newman who was arrested last month and charged with sexual abuse and forcible touching.  The doctor appeared in court yesterday.

Read more in the Gothamist

 

 

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Robert HaddenIn New York, sexually abusing a patient is not only gross medical malpractice but it is also a crime. Dr Robert Hadden, an Upper West side gynecologist who had been charged with sexually assaulting 6 pregnant patients, accepted a plea deal yesterday. The doctor admitted to sexually abusing two patients. He admitted to performing oral sex on a patient for no valid medical purpose while the patient was incapable of consent. He also admitted forcible touching another patient. Both are misdemeanors.  As part of the plea deal, the doctor will have to register as a level one sex offender and will loose his medical license. He will not have to serve jail time or do community service.

Read more in the NY Daily News

 

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Cumberland Farm Convenince Store43 year old Kimmy Dubuque was about to enter a Cumberland Farms convenience store when she was fatally pined against the store wall by an out of control SUV.  The car accident happened in Chicopee, Mass, the hometown of the victim in 2010. Yesterday, the Dubuque family was awarded $32.4 million plus interest by a Massachusetts jury in a case that highlights the high frequency of storefront crashes and the negligence ofCumberland Farms in failing to protect clients from dangers they were previously aware of.

Cumberland Farms is a privately held chain of convenience stores and gas stations spread all over the state of Massachusetts. The Dubuque family sued Cumberland Farm on the basis that despite many previous issues with cars speeding in their parking lot, Cumberland  Farms failed to install safety barriers and bollards which are a common safety fixtures in retail parking lots.  The lawsuit revealed that the fatal accident was far from being an isolated event. According to records submitted during the lawsuit, between 2000 and 2009 there were 485 similar incidents at Cumberland Farms convenience stores. This is almost one incident every week.  Lawyers for the family produced evidence that Cumberland Farms had looked into the issue and found that the best way to protect their customers would be to install arrays of 6-inch-wide bollards in front of their stores. This would cost $3000 to $3500 per store. The company picked narrower posts and thinner steel to reduce costs. Additionally this protection was only installed in half of the locations.

Storefront car crashes are common crashes. Fair Warning reports that 7-eleven had more than 1500 incidents in seven years and that similar incidents occur frequently at Starbucks and Dunkin Donut locations.  There are no official statistics about this phenomenon but according to Fair Warning at least 16 people (employees or customers) died and at least 587 suffered personal injury including 121 who were seriously hurt between April 2013 and April 2014. Most of these crashes could have been prevented if the owners had installed bollards or other type of safety barriers in front of their stores. These types of safety measures usually cost less that $10,000.

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roy webbAfter sustaining minor injury in a car accident, a 27 year old man died during surgery at a New York Hospital.  This morning around 4:30 am Roy Webb, an employee for the catering hall Antuns in Quens Village, was driving a co-worker home. He was driving South on Laurelton Parkway when his lost control of his vehicle. He slammed into a guardrail near 130th Ave.  The car caught fire and the passenger died at the scene of the accident. The passenger suffered such bad burns that an autopsy will be required to formally identify her. The driver suffered a broken neck and was transported to Jamaica Hospital. His girlfriend and his family said that he went for a first surgery and that he woke up fine and was expected to survive. He then went for a second surgery and died during the procedure. According to the NY Daily News, the hospital told the family that his pulse dropped and that was all they could do. The family suspects that the hospital committed medical malpractice.

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Should primary care doctors be liable for medical malpractice if they fail to discuss the HPV vaccine with parents of teenagers? HPV (human papillomavirus) is a sexually transmitted virus that can cause cervical cancer.  Because it is related to teenage sexual activity many doctors don’t discuss it with parents to avoid uncomfortable conversations with them.

A recent study published in Pediatrics shows that the HPV vaccine introduced 10 years ago is extremely effective in combating the virus and therefore in fighting cervical cancer. The study indicates that a comparison of the HPV rate between the pre vaccine period and the post vaccine period shows a decrease of two-thirds of HPV cases among girls aged 14 to 17. The decrease  occurred despite a very low immunization rate of 40% among 14 to 17 year old girls and 20% for boys of the same age. The rate of HPV cases among women between 20 and 24 years old also decreased by 34%. Among women older than 25 years the rate of HPV didn’t change.

Every year 14 million people in the US are diagnosed with HPV. According to the CDC there are approximately 100 strains of this type of virus. Around 40 of them can lead to an infection of the genital areas. Most of these 40 strains will turn into benign infections but a few of them can lead to serious conditions. Some HPV  strains such as types 16 and 18 can develop into oncogenic high-risk infections.  These specific infections cause most cervical, penile, vulvar, vaginal, anal, and oropharyngeal cancers and precancers. Other HPV strains such as types 6 and 11 cause genital warts and recurrent respiratory papillomatosis.

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new york taxi accident locationA woman suffered serious personal injury and a taxi passenger suffered head trauma after a taxi jumped the curb next to the Metropolitan Museum in Manhattan. On Sunday morning, 41 year old Melissa Bernard was walking on the 84th street sidewalk next to the Metropolitan Museum with Bowen, her two year old son. Ahead of them her husband, Adam, was pushing their one year old daughter, Colette, in a stroller. As they were walking toward Central Park, Melissa told the New York Post that she noticed a taxi driving at a high speed toward them. She grabbed her son to protect him. The taxi jumped the curb and landed on the sidewalk just between her and her husband. The taxi then hit a light pole. The light pole fell on Melissa’s back head and neck leaving her with severe injury and a possible concussion. The child was not injured. According to the Gothamist,the passenger who was in the taxi at the time of the accident also suffered head trauma.

Mohammad Miah, the cab driver told the police that he tried to avoid another taxi who had cut him off. Mohamad said the other taxi was driving in the bus lane. He didn’t stop after the accident. The police are still investigating the causes of the accident. No citations have been issued so far. Pictures from the New York post show that surveillance video cameras were located at the the site of the accident. They should help the police determine exactly what happened.

The picture on the left  is from Google Map. It shows the location of the accident. Visitors to the Metropolitan Museum and families heading to Central Park make this intersection a very busy spot. The taxi jumped the curb and landed against the fence of the Metropolitan Museum to the left of where the pedestrian with the red shirt is located on the picture.

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New York personal injury attorney Stuart Schlesinger won $875,000 in a medical malpractice lawsuit for a client but the client never saw the money. Margaret Last, a a former executive assistant turned to attorney Stuart Schlesinger after a treatment from a podiatrist left her in so much pain that she had to start using a wheelchair or a cane to get around. She was relieved after Stuart Schlesinger was able to win $875,000 in a medical malpractice lawsuit against the podiatrist. However a year after, Margaret Last still hasn’t received any of her money according to a lawsuit that she filed against Schlesinger.

It is not the first time that Schlesinger has committed legal malpractice. He was arrested in December for defrauding clients of over $3 Million dollars in settlement proceeds.

The conduct of this NYC personal injury attorney is a disgrace to our entire profession. This is exactly what a lawyer should not be. Most of the lawyers who practice in the personal injury field, as we do, put their clients interest first and work to serve their needs. The fact that a lawyer could steal a seriously injured person’s money is unacceptable. The harshest possible sentence should be handed down against Stuart Schlesinger because he broke the most basic bond of trust between lawyer and client.

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Diane HoffmanCan medical malpractice lawsuits help reduce opioid addiction?  In a recent opinion in the New York Times Diane Hoffman  a law professor and the director of the Law and Health Care program at the University of Maryland’s Francis King Carey School of Law is warning about the consequences of erroneous criminal prosecutions of doctors who treat chronic pain patients. While she agrees that bad actors who are over prescribing drugs for profit should be punished, she worries that good doctors may under threat their patients for fear of being investigated and prosecuted.  While she recognizes that opioid addiction and abuse is a major issue that should be addressed by law enforcement, she also believes that the 100 million American patients who are suffering from serious pain condition shouldn’t be under treated. We agree that doctors who specialize in treating patients for chronic pain should not be subject to criminal prosecution. However, those doctors who run so called prescription mills and write narcotic prescriptions for anyone who walks in the door should be criminally prosecuted. Doctors who have no training in the field of pain medication and over prescribe narcotics resulting in fatal overdoses may be liable for medical malpractice. The fact is that lawyers who specialize in medical malpractice will not bring these cases unless the prescribing doctor blatantly over prescribed without any medical basis. Ms. Lane’s statement that doctors who under prescribe pain medication may be subject to medical malpractice law suits is based on one 15 year old case in which a doctor was found liable for elder abuse for under prescribing pain medication to an elderly man dying of cancer. In reality these types of cases are rarely brought.