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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New York Medical Malpractice Lawyer Ben RubinowitzOur managing partner, NYC Personal Injury Attorney Ben Rubinowitz will be speaking at the Long Island Medical Malpractice Litigation 2019 Seminar organized by the New York State Bar Association. The seminar will take place on Wednesday February 27th at the Melville Marriott located at 1350 Walt Whitman Road in Melville. Ben will be speaking on openings and summations.

The seminar will start with a presentation of the Developments in the Substantive Law that will cover the recent legal issues and legislative development, e-Discovery, Ex parte interviews with treating physicians, recent developments in Lien Law and the fund for neurologically impaired infants.  It will be followed by a presentation on discovery including social media and internet information, surveillance, Arons authorizations and more. After a coffee break, participants will learn tips and techniques to question the defendant during depositions and trial. In the afternoon the program will first focus on the preparation of the defendant for deposition. It will be followed by a presentation on how to cross examine an expert. Participants will then learn how to prepare perfect openings and summations. The program will end with a view from the Bench.

A must for both new and experienced attorneys, this seminar will be filled with useful information and valuable tips. The program will provide an overview of the key issues in medical malpractice litigation through a combination of lectures and practical demonstrations. Learn how to determine the relevant standard of care, how to prepare your case, how to avoid common pitfalls and how to examine expert witnesses. Don’t miss this opportunity to learn trial strategies and techniques in medical malpractice actions from top-notch litigators and distinguished State and Federal Judges.

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helpYesterday was a historical day for victims of sexual abuse in New York as Governor Cuomo signed the Child Victims Act into Law.  This new law extends what was one of the most restrictive statutes of limitations in the country.  Victims of childhood sexual abuse now have until 55 year old to sue their abuser while before the new law was signed, they only had until 23 year old to do so.  Additionally a one-year “look back” period that will start in 6 months will allow  all sexual abuse victims to sue their abuser even for cases that date from decades ago.

THE NY CATHOLIC CHURCH HAS AT LEAST 480 PRIESTS ACCUSED OF SEXUAL ABUSE BUT VICTIM ADVOCATES BELIEVE THERE ARE FAR MORE

A lot of victims are expected to come forward now that the new law has passed. Any New York school or youth organization that hired a child molester in the past could now be the target of a lawsuit. The New York catholic dioceses may face the most lawsuits.  Among the 8 New York dioceses, 6 of them have publicly listed a total of 249 priests who have been accused of molesting a child. The only two dioceses who haven’t publicly identified sexually abusive priests are the Archdiocese of New York City and the Rockville Centre Diocese.  In 2004  the Archdiocese of New York City announced that it was aware that 45 of its priests had sexually abused children but no names were revealed. The Rockville Centre Diocese also acknowledged that 66 of its priests were accused of sexually assaulted children but again no names were mentioned.  Among the dioceses that published the names of their abusers, Buffalo had the largest list with 80 priests recognized as sexual abusers followed by 57 for Syracuse, 46 for Albany, 30 for Ogdensburg, 23 for Rochester and 13 for Brooklyn.

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CBD can be a dangerous productSome CBD products sold over the counter can be dangerous for consumers. A recent investigation by the New York NBC I-Team found that some CBD products contained dangerous amounts of lead and pesticides.
CBD or cannabinol oil is a molecule found in the cannabis flower which therapeutic properties have been tested and confirmed by scientists. CBD doesn’t make people high and clinical research includes studies of anxiety, cognition, movement disorders and pain. A version of the drug called Epidiolex has been approved by the FDA for the treatment of epilepsy disorders in children. Another version that contains CBD and THC was approved by Health Canada to treat neuropathic pain in multiple sclerosis and cancer related pain.

Over the counter CBD products are not controlled by the FDA

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carbon monoxide danger signNine construction workers were hospitalized after they suffered from carbon monoxide poisoning last week in Manhattan. The construction workers were putting down concrete in a very small confined space in the foundations of a construction site located at 30 E. 29th St. in Manhattan. The site is the future location of a 639-foot-tall luxury residential art Deco-Inspired skyscraper developed by the Rockefeller Group.
A gasoline generator that was also running in the same space to provide electrical power poisoned the workers with carbon monoxide fumes. Gasoline generators that are releasing carbon monoxide are not supposed to be used indoors or in places that are not ventilated. Carbon monoxide can not be smelled but it can kill in minutes.  Warning signs of Carbon monoxide poisoning are similar to flu or cold symptoms and include weakness, fainting, dizziness, headache, nausea and shortness of breath.
The FDNY received a first call for a sick worker around 4:30 pm. The worker was feeling ill and dizzy. When they arrived other workers who had been able to get out of the underground space by themselves were also feeling sick. Two of their colleagues however were so ill that they had to be lifted up by the firefighters. A total of 65 firefighters and paramedics had to be called to the rescue to extricate the workers safely from the confined space.
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Elevator Accident Deaths in ConstructionIn 2017 24,890 people who suffered personal injury in an escalator or elevator accident were treated in American hospitals, compared to 25,951 in 2016 and 19,005 in 2007. The number of elevator accident injuries has been on the rise over the last 10 years in the US.

Fatalities related to elevator and escalator accidents are less common and occur mostly on construction sites. According to the Quarterly Report recently published by the Center for Construction Research and Training (CPWR) 28 workers died in elevator accidents on construction sites in 2016 compared to 14 in 2003. The number of workers dying in elevator accidents has been on a rising trend since 2003 with a peak at 37 in 2015.

The workers who are the most at risk of dying in an elevator accidents are those who are constructing, assembling or dismantling elevators. They represent 40% of the elevator accidents fatalities in construction. Workers who are operating heavy equipment and workers in charge of the repair and the maintenance are also at risk of dying in elevator accidents. They both represent 20% of the elevator accident fatalities suffered by construction workers.

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This eloquent tribute to Mr. Schwab by Steven B. Prystowsky well sums up the life of this giant of the Bar. It is taken from the Eulogy Steven gave at his funeral. Mr. Schwab was the preeminent trial lawyer of his time in the defense of product liability cases. He died on February 4, 2019. We thank Steven for permitting us to post it.

TRIBUTE TO HAROLD SCHWAB

There is an old Talmudic saying:  

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A 72 year old cyclist was killed by a hit and run driver in Manhattan . The accident occurred in Time Square on early Monday morning. Joseph Chiam was riding his bicycle northbound on 8th Ave a little bit before 6:00 am. He was in the bike lane  when he was hit by a car at the 45th street intersection. The driver of the car didn’t stop. The victim was found by the police unconscious next to his mangled bike. He was rushed to the hospital but he didn’t survive. The police investigated the accident and were able to identify the car as a 2013 Green Western Star truck. Later on the police also found the driver. They didn’t release his name.
Two days before another cyclist died from the injuries she suffered a few days earlier in a bike accident in Brooklyn, NYC. On January 26, 63 year Suzan  Moses was riding her bike on Kings Highway near Van Sicklen St. in Brooklyn she collided with a car. She suffered head trauma but was still conscious when she was transported to the hospital. She died from her injuries last Saturday.  Kings Highway is a very narrow street that is dangerous for both pedestrians and cyclists. According to Streetblog, 15 cyclists and 43 pedestrians have been injured on the 12 blocks of Kings Highway between Ocean Parkway and West Sixth Street since 2016.
Streetblog also reports that January was also a particularly bloody months for cyclists. According to recent data, 191 cyclists were injured in New York City in January compared to 158 in January 2018. This represents a 20% increase. Traffic fatalities were also on the rise in January with 19 people killed compared to 10 for the same month of the previous year.
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FrostbiteAs New York hospitals are gearing up for an increased number of patients visiting the emergency room for cold related injuries it is important that physicians and nurses be up to date with proper management of cold injuries as medical malpractice such as failure to diagnose and timely treat systemic hypothermia can be fatal.

In a recent article published in Medscape, Blair Peters, MD (Resident Physician, Department of Plastic and Reconstructive Surgery, University of Manitoba Faculty of Medicine, Canada) and  Edward W Buchel, MD (Associate Professor of Surgery, Section of Plastic Surgery, University of Manitoba Faculty of Medicine; Head, Consulting Staff, Winnipeg Health Sciences Centre, Canada) provide an in depth analysis of the various types of cold injuries and the most appropriate manner to treat them.

Systemic hypothermia needs immediate treatment

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Many Jesuits priests accused of sexual abuse worked in NYC high schools according to a list released earlier this month by the Jesuits.  Xavier, Regis, Brooklyn Prep and Fordham Prep  which are among New York’s best catholic schools, all appeared to have hired priests who were identified by the Society of Jesus as having a history of sexual abuse found to be “more likely true than not after investigation.”

Alleged sexual predator was still teaching at Masters School

The allegations are from decades ago and 35 priests mentioned on the list have now passed away.  Others have been removed from ministry or restricted from serving in public roles. Most of them have not been teaching for years. However one of them was still teaching at Masters Schools, a prestigious private school with no religious affiliation located in Dobbs Ferry, Westchester,  just North of New York City.  Up until a few days ago Robert Cornigans lived on campus and was an English teacher there.  Cornigans who left the Jesuits in 1981 was hired by the school in 2004 despite allegations that came out in 2003 that he had abused a child in 1976. After the list was published he was immediately forced to resign and to leave his campus residence. The school sent a letter to the parents and the community to apologize and informed them that they would hire an outside firm to investigate the case.

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NYC Motor vehicle accidents injuries reached a record high in 2018. 1,083 pedestrians, 4,281 cyclists, 18,687 passengers and 26,843 motorists suffered personal injury in a crash in New York City in 2018. 60,646 people were injured in NYC traffic accidents in 2018 compared to 58,990 in 2017 and 54,818 in 2013. Over the last five years the number of traffic injuries increased by more than 10%. The main reason for this increase are motorists injured in auto accidents often related to distracted driving. Distracted driving is the number one cause of crashes in New York.

Motor Vehicle Accident Injuries NYC 2018
The total number of traffic fatalities in New York City in 2018 was below 200 for the first time since Vision Zero was implemented. 112 pedestrians, 70 motorists, 9 cyclists and 8 passengers were killed in traffic accidents in the city in 2018. Annual traffic fatalities declined by more than 30% since 2013.

traffic fatalities New York 2018
The total number of crashes in the city has been culminating above 227,000 for the last 3 years with a record 227,924 accidents in 2018. Driver inattention is the primary cause of accidents followed by driver following too closely. Backing unsafely and changing lanes unsafely are two other common causes of accidents in the city. Since 2013 auto accidents increased by 12%.

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