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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Howard Hershenhorn was named NYC Personal Injury Lawyer of the Year 2020Congratulation to our partner New York Personal Injury Lawyer Howard Hershenhorn for being named 2020 NYC Personal Injury Lawyer of the Year by Best Lawyers® . Best Lawyers® rankings are entirely based on peer reviews. Howard obtained this unique award because he received the highest overall peer-feedback for personal injury litigation in New York City. Howard was also named “Best Lawyer” in New York City for Medical Malpractice Litigation – Plaintiff.

This nomination comes in the step of  the recent announcement by Top Verdict that Howard and Diana Carnemolla had obtained the #1 jury verdict in New York State for a pedestrian who suffered horrific injuries after he was struck by a double-decker bus in Manhattan.

7 other of our attorneys were also named 2020 NYC Best Lawyers for various practices. These are:

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craneAfter two successive crane accidents in New York including one fatal, the company United Crane and Rigging was temporary barred from continuing work at 22 construction sites in the city. The NYC DOB will allow the company to restart work only after it replaces some of the employees involved in the recent accidents that occurred on July 30 in the East Village and in April in Soho. On July 30, the company had a crane working at a site located at 749 FDR Drive. The operator of the crane was lifting steel beans when the boom of the crane bent and partially collapsed. The operator then lost control of the load which struck the building before falling on the ground. Thankfully nobody was injured but investigators found that the load lifted by the crane weighted 4,400 pounds while the maximum lifting capacity was 3,700 pounds. Back in April,  34 year old Gregory Echevarria, a war hero who served several deployments in Iraq and Afghanistan died and two other construction workers were injured after a counterweight fell and crushed him during a crane installation by the same operator (see previous blog).

To be able to restart work on its 22 construction sites, United Crane and Rigging has to provide proof to the NYC Department of Buildings that the engineer of record, master rigger, lift director, assembly and disassembly and hoisting machine operators have all been replaced with new staff. Additionally the company also has to hire an independent monitor who will report to the DOB on United Crane and Rigging’s safety compliance.The negligent crane company was also hit with 5 DOB violations for:

  1. inadequate safety measures on site
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Jose-Alzorriz was riding his bike when he was fatally hit by a car in NYC52 year old Jose Alzorritz died in a horrific bicycle accident in New York City on Sunday afternoon. Alzorritz was on his bike at the intersection of Coney Island Avenue and Avenue L when a reckless driver speeding down Coney Island Ave blew the red light and collided with a minivan that was crossing the intersection from Avenue L. The impact was so intense that the minivan slid through the intersection and violently struck the cyclist. When the EMS arrived to the scene of the accident, they found Alzorritz unconscious on the ground with major head trauma. He was rushed to the hospital but he couldn’t be saved. A pedestrian suffered a leg injury and the driver of the van multiple body trauma. They were both hospitalized but their lives are not in danger.  The police didn’t reveal the identity of the reckless driver who caused the accident. They only revealed that he was 18 year old. He was taken into custody and charges are pending. A dashboard video of the accident clearly shows that the driver was reckless and sped through the red light (see below).

Dangerous Avenue

Coney Island Avenue is a dangerous avenue. Last month a pedestrian was killed at the intersection of Church Avenue. Maria Del Carmen Porras-Hernandez was in the crosswalk when she was fatally hit by a car. 19 cyclists, 43 pedestrians and 114 motorists were injured in traffic accidents between July 2018 and July 2019 on Coney Island Avenue. Speeding is frequent and so is double parking. Transportation Alternative published a statement in which the traffic safety advocate is asking Coney Island City Council to unite behind Speaker Corey Johnson’s Streets Master Plan bill, which would accelerate the schedule of redesigning deadly corridors like Coney Island Avenue.

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One-and-Only-campaignSince 2001 more than 150,000 patients in the US have been notified by their healthcare providers that they might have been potentially exposed to bloodborne pathogens  such as hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV) after a health provider committed medical malpractice by failing to observe standard injection safety protocols.

The Center for Disease Control and Prevention (CDC) is worried that too many healthcare providers are failing to observe what is considered basic infection control when injecting patients. A recent “One and Only” campaign seeks to raise awareness among healthcare providers and patients about safe injection practices.

These practices might seem obvious but incidents happen quite commonly and the consequences can be deadly.

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ProfessorDanielPollackA few years ago, 18 year old Conrad Roy killed himself after his 17 year old girlfriend Michelle Carter encouraged him to commit suicide over text messages. Michelle was convicted of involuntary manslaughter and is now serving a 15-month jail sentence. Her conviction was appealed by her lawyer to the US Supreme Court but despite the numerous First Amendment issues related to the handling of the case, Michelle was ordered to serve her sentence.   In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City, takes a look at some of these issues and suggests  what can public human services agency or child protective services (CPS) do to discourage this macabre text taunting to suicide activity.

The article can be downloaded here

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helpFollowing the signature of the NY Child Victims Act into Law by Andrew Cuomo on February 14th that gave all sexual abuse victims in New York State the possibility to sue their abuser during a one year window starting on August 14th, hundreds of victims are expected to come forward.

The New York Catholic diocese is expected to face the highest amount of civil lawsuits. Almost 500 priests who served in New York Dioceses in the past have been accused of molesting children.Other organizations dealing with children such as the Boy Scouts of America, schools and hospitals are also expected to be hit by a flood of lawsuits filed by adult survivors of sex child abuse.

After years of having their cases barred from court because the allegations were too old, NY victims of sexual abuse finally will get compensated for what they endured.  Before the NY Child Victims Act  was signed, New York State law was one of the most restrictive in the country. After the one year window period during which any victim can sue their abuser, victims of childhood sexual abuse will have 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 (see previous blog).

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22 people suffered personal injury  in New York after  the sound of a motorcycle backfiring while crossing Time Square triggered mass panic as the crowd mistakenly thought an active shooter was on location.

The recent mass shootings that occurred over the last few days in El Paso, Texas and Dayton Ohio are still on everybody’s mind and yesterday’s panic indicates that people are on edge when crossing busy areas such as Time Square.

Around 10:00 pm yesterday night as people were just coming out of the Broadway shows and were gathering in the middle of Time Square when a group of  motorcyclists passed through 7th Avenue and 46th Street. One of them backfired and people thought someone was firing a gun. A mass panic followed when two to three thousand tourists and New Yorkers started to scream and run for cover believing a active shooter was on location. Some people left behind their shoes and their bags and others got injured in the chaos. A total of 22 people were injured and among them 4 had to be taken to the hospital to be treated.  The police confirmed that the area is safe.

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Lori-KornblumProfessorDanielPollackIf you are working with children or near children on regular basis you may witness behaviors that may indicate that a child suffers abuse.

In a recent article, Lori S. Kornblum, an adjunct faculty member at Marquette University Law School focusing on child abuse and the law and Daniel Pollack a professor at the school of social work at Yeshiv University in New York write about signs that indicate that a child might be abused and how to deal with it.

If a child is engaging in abnormal sexual play such as humping another child or putting a doll  next to the genital area of another child it might be a sign that the child is being abused.  If this happens it is important not to react emotionally to the child’s behavior as he or she might just shut down and you might never be able to find out about the abuse. Try to develop a relationship with the child and gain his or her trust. When the child feels comfortable enough, try to ask questions leading to the child disclosing abuse such as “can you tell me more about the game you are playing right now?”. Don’t judge and just ask open ended questions. If the child discloses abuse, tell him or her that you need to tell some other people so they can help. Make sure the child is safe. Give a call to CPS or law enforcement depending on the cases. Sometimes a call to the police might be justified for example if the child disclosed that the boyfriend of the mother abuses him or her and that the mother is about to pick him or her up.

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crying babyChildren and adolescents are prone to traumatic brain injuries (TBI). Among the 1.7 million patients diagnosed every year with TBI in the US, 700,000 are children below 19 year old. A recent study by Bina Ali, Bruce A Lawreence, Ted Miller from the Pacific Institute for Research and Evaluation and Jennifer Allision from Health Imperative in Brockton, MA that was recently published in the Official Research Journal of the International Brain Injury Association (IBIA) investigate leading consumer products and activities that can cause children and adolescents to suffer traumatic brain injury.

By analyzing data from from the National Electronic Injury Surveillance System from 2010 to 2013, the searchers found that home furnishings and fixtures as well as sports and recreation products were the products most commonly associated with accidents causing TBI. Beds, stairs, floors and footballs are among the most dangerous products for children and teenager.

Toddlers and older teens most at risk of a TBI

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Medical Malpractice Briefing BookThe Center for Justice and Democracy recently released the 2019 edition of their Medical Malpractice Briefing Book. This very popular publication was updated with the most recent studies, statistics and general healthcare information and comes with links to the original material.

In addition to the usual sections, this new edition contains several new sections, including: sexual assault by doctors; misdiagnoses (the most prevalent and costly type of medical error); childbirth errors; plastic surgery; resident “hand-offs;” physician stress and burnout; and the real cause of insurance spikes for doctors.

Among the many findings, here are some of the most interesting:

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