In their latest Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write about the dangers of Social Media, how attorneys are obliged to protect their clients, and that all attorneys must make clear to their clients that once posted the information is forever. The failure to conduct a proper social media check could easily result in a loss. Conducting an appropriate search of all social media platforms has now become mandatory.
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $2.5 million unanimous verdict in an Upper Endoscopy case in Queens, New York.
The plaintiff, Elsa Garzon (57), went to Dr. Steven Batash on June 29, 2015 for a diagnostic EGD (also known as an upper endoscopy or esophagogastroduodenoscopy). Ms. Garzon, of Columbian decent, emigrated to the United States in 2005 to provide a better life for her two children. While raising her two small children, she learned English, became a resident, and started working as a helper in a local Queens deli. She eventually became a U.S. Citizen and has continued to work at the same deli for over 12 years, where she is now the head cook.
Dr. Batash recommended an upper endoscopy, followed by a colonoscopy, to address her frequent complaints of abdominal pain. An upper endoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the upper part of the gastrointestinal tract. Upper endoscopy is used to identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube with a camera at the tip is used to examine the inner lining of the esophagus, stomach and duodenum (part of the small intestine). The scope is inserted into the mouth, down the esophagus, into the stomach and then passed through the upper part of the duodenum. Passage of the endoscope through the duodenum is incredibly important, as improper handling of the scope could cause injury to intestine and to the abdominal cavity outside the intestine.
We are proud to announce that only 3 years after graduating from Law School, our associate, New York personal injury lawyer Rachel Jacobs, is already chairing a Continuous Education Seminar (CLE) at Cardozo Law School on Tuesday March 21st at 6:30 pm. Entitled “Hot Issues in Personal Injury,” this seminar will cover the following subjects:
- tort trends
- new tort claims
Ben Rubinowitz, a partner at our firm, has been asked by the Mount Sinai School of Medicine to deliver a Grand Rounds lecture to its radiologists. This talk will specifically focus on medical malpractice and communication issues that lead to medical negligence. Throughout his 30 years as a trial lawyer, Ben has been lecturing to doctors, lawyers and patients concerning all areas of medical malpractice and personal injury. Ben’s lecture will take place on February 8, 2017.
Our partner, NYC injury attorney Peter J. Saghir, recently obtained a verdict of 100% liability against a glass company that dropped a large glass panel on a woman’s foot as she walked on the sidewalk. On September 29, 2012, Manhisha Narwani, 28, was walking with friends on 9th Avenue at 50th Street when two workers who were replacing a glass storefront dropped a large glass panel on her left foot causing her to sustain three metatarsal fractures. She underwent surgery on two of the metatarsals and subsequent physical therapy. The glass company blamed Manisha for the happening of the accident and for failing to see the glass as it was being carried on the sidewalk. After a 5 day jury trial in New York County before Hon. Arthur F. Enforon, the jury found Manisha was free from fault and that the glass company and workers were 100% at fault for the happening of the incident. The jury awarded Manisha $300,000 for past pain and suffering and $150,000 for future pain and suffering. The top offer by the insurance company was 250,000.
Our partner, NY injury attorney Richard Steigman will be the chair of the “2017 CPLR Update” seminar organized by the New York State Trial Lawyers Association. The Co chair will be Judge Ariel E. Belen (Ret.), JAMS Mediator & Arbitrator, Justice, Appellate Division, Second Department. The seminar will cover all new recent developments in the field of New York Civil Practice. Participants will be updated on the recent legislative changes and court decisions in this field.
The seminar will take place Tuesday January 24 from 6:00 to 9:00 pm at the NYSTLA Office. The address is 132, Nassau Street, Second Floor, New York, NY 10038.
To learn more about this seminar or to register please click here
We are proud to announce that our associate Christopher Donadio has been selected by The National Trial Lawyers Top 40 under 40. The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state or region who are under the age of 40. Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research. Chris has already taken over 40 verdicts in personal injury cases in both New York State and Federal Courts. His selection is a testament to his having immersed himself not only in his work but in his extensive studying of both the past and present top personal injury lawyers. He has represented plaintiffs at trial in all types of personal injury cases including police brutality cases, an area in which he has a particular interest and expertise. We congratulate Chris on this well deserved Honor.
Our New York Personal Injury Law Firm was listed in six practice areas in the newly released 2017 ranking of the Best Law Firms by U.S. News and Best Lawyers®. For the seventh consecutive year our firm was named a a top tier Law Firm for the New York City Metropolitan area in Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs, Medical Malpractice – Plaintiffs, Legal Malpractice – Plaintiffs and Mass Tort Litigation/Class Actions – Plaintiffs. The firm also ranked nationally in the top tier in Mass Tort Litigation / Class Actions – Plaintiffs.
Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
The 2017 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S. Over 10,000 attorneys provided more than 800,000 law firm assessments, and over 10,000 clients provided more than 90,000 evaluations.
Our partner Jeffrey Bloom will be talking about Medical Malpractice at the next “Bridging the Gap Winter 2016” program. This seminar is organized by the New York State Bar Association. It is primarily intended to help newly admitted lawyers to bridge the gap between law school and the reality of practicing law in New York State. This two-day program will take place on November 30 and December 1st at the CUNY Auditorium of the Graduate Center, 365 Fifth Ave in Manhattan. It will be broadcast to Albany, Buffalo and Boston in an interactive video conference format. Participants will be able to interact directly with other participants or speakers in other locations. The program will also be streamed on a live webcast. This two-day program offers 16.0 MCLE credits. It covers various areas of law.
Jeff Bloom will speak on “Cross Examination of an Expert Witness in a Medical Malpractice Case”. A top New York Medical Malpractice Attorney, Jeff has built his reputation trying numerous cases involving failure to diagnose cancer, surgical errors as well as cerebral palsy. Jeff recently represented Melissa Rivers after her mother, Joan Rivers died during a routine surgical procedure. He obtained a confidential but substantial settlement for the Rivers family. Jeff is also actively involved in pushing New York lawmakers to pass Lavern’s Law. The proposed law would be especially useful for cancer patients who have been misdiagnosed but can’t sue because of the statute of limitations.
Mr. Bloom describes his view of his work as follows: “One of the most difficult events a person may ever encounter is being told that he or she has a serious illness such as cancer. Even more devastating, however, is the realization that the disease should have and could have been diagnosed earlier. As a medical malpractice attorney, my role is to prove this medical negligence to the jury with the ultimate goal of securing a substantial award as compensation for the losses suffered by our clients.”
The plaintiffs, Thomas Taylor (63) and Linda Taylor (57) were guests at The Point at Saranac Lake, a luxury 5-star hotel in Franklin County. The plaintiffs claimed that the hotel arranged a snowmobile tour with Adirondack Snowmobile Rental. The tour was set up by the hotel for the plaintiffs and four other guests (2 other couples) who were also staying at the hotel. All 6 of the guests were beginners – each of whom had never been on a snowmobile before.Payment was arranged through the hotel. The hotel not only arranged the tour but charged the guests 20% extra for this service.
The Tour Guide, Robert Pinsdorf, an employee of Adirondack Snowmobile, started the tour approximately 10 miles from the hotel, at a campground know as Charlie’s Inn. The hotel guests were given a 10-20 minute lesson in the operation of the snowmobile; however, the guide was charged with the responsibility of leading the guests on the tour and keeping them safe throughout the tour. The plaintiffs claimed that they were unfamiliar with the trails, road crossing and trail signs. Although the first hour of the tour went fine during the second hour, one of the snowmobiles broke down due to a faulty drive belt. The tour guide then decided to head back to Charlie’s Inn to get another belt. He left one guest in the broken snowmobile and took one guest with him on his snowmobile. He told the others to follow him. It was claimed that he was in a rush and, at this time, failed to protect the novice snowmobilers by traveling ahead of them without warning them of road crossings and stop signs and without knowing where they were. Plaintiff s decedent, Thomas Taylor, failed to stop for a stop sign. It was claimed that he was unaware that he was traveling towards a road and stop sign. It was at this point that the plaintiff s decedent crossed the road, without stopping, and was struck by a van driven by an elderly man (who was dismissed from the case on summary judgment).