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.

Articles Posted in Medical Malpractice

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A Detailed Legal Perspective from our Bronx Medical Malpractice Attorneys

Bronx Hospital ratingsThe Centers for Medicare & Medicaid Services (CMS) recently released its  Five-Star Quality Ratings—a nationwide report card evaluating hospital safety, outcomes, and patient experience. The results for Bronx hospitals were deeply concerning: most received the lowest possible rating of just one star.

As medical malpractice attorneys serving the Bronx community, we believe these ratings shed light on potential risks to patient safety—and may support claims of hospital negligence.

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Hospitals across the country have been warned to immediately stop using certain Draeger mechanical ventilation filters after the U.S. Food and Drug Administration (FDA) issued a high-risk recall notice. The affected devices — SafeStar and TwinStar filters — are used during anesthesia and mechanical ventilation to prevent bacterial and viral contamination.

According to the FDA, the filters can cause misleading carbon dioxide readings during procedures. Carbon dioxide monitoring (capnography) is critical in surgery, particularly under anesthesia, as it helps ensure that a patient is ventilating properly. When readings are inaccurate, medical teams may administer unnecessary or harmful interventions — or fail to provide urgently needed care.

Scope of the Recall

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Medication-errorAs medical malpractice lawyers in NYC, we are seeing an alarming rise in cases tied to substandard and falsified (SF) medications — counterfeit or fake drugs designed to resemble legitimate pharmaceuticals. The World Health Organization has called the fight against these dangerous products one of the most urgent health challenges of the next decade.

Globally, SF drugs have become a multibillion-dollar black market, with an estimated worth of $431 billion annually. Increasingly, these medications are purchased from unregulated online marketplaces posing as legitimate pharmacies — many using deceptive tactics such as Canadian branding or maple leaf logos to gain trust. The U.S. Food and Drug Administration reports that approximately 95% of online pharmacies selling prescription drugs are operating illegally.

The Lethal Risks Behind Counterfeit Medications

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3D_Medical_Animation_of_Left_Atrial_Appendage_OcclusionBoston Scientific has issued updated instructions for products used in the implantation of its Watchman left atrial appendage closure device after the Food and Drug Administration (FDA) linked the procedure to 120 serious injuries and 17 patient deaths.

FDA Safety Alert Highlights Increased Risk Under Sedation

According to an FDA safety communication released on August 8, 2025, the updated instructions apply to the FXD Curve, Truseal, and Trusteer access systems—all of which are used to implant the Watchman device. The FDA warned that patients sedated but not placed on mechanical ventilation during the procedure face a heightened risk of air embolism, a dangerous condition caused when an air bubble enters the bloodstream.

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Stapler recalled by J&JFrom the Medical Malpractice and Product Liability Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Johnson & Johnson’s Ethicon division has issued a correction and Class 1 recall of its Echelon surgical stapler reload cartridges, following reports of a serious defect linked to at least one death and multiple injuries. The U.S. Food and Drug Administration (FDA) has confirmed that 678,526 units are affected by the recall, which involves staplers used to cut and staple tissue during surgery.

The FDA warned that the stapler may lock during use, failing to properly cut or seal tissue. This malfunction can result in the device becoming trapped in the patient, causing surgical delays, excessive bleeding, hemorrhagic shock, emergency conversion to open surgery, and even death.

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Veteran-Head_down-Wheelchair-NishapurBy the NYC Medical Malpractice Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Veterans of the United States Armed Forces face unique and complex health challenges—ranging from physical injuries sustained in combat to long-term psychological trauma. Yet in many civilian healthcare settings, these distinct needs are overlooked, leading to missed diagnoses, improper treatment, and in some cases, preventable harm. As the veteran population grows and more rely on non-military healthcare, these oversights are emerging as a serious patient safety concern.

Civilian Healthcare Providers Are Often Unprepared to Treat Veterans

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melanoma_growth_over_14_monthsFrom the perspective of our skin cancer misdiagnoses attorneys

As attorneys handling failure-to-diagnose skin cancer cases, we have seen the devastating effects of delayed melanoma diagnoses. While medical technology continues to evolve, the legal system often lags behind in addressing how emerging tools should be integrated into standard care. A recent study exploring the use of 3D total-body photography in early melanoma detection raises critical questions about whether current practices are truly meeting the standard of care, especially for high-risk patients.

A New Frontier in Dermatology

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sexual abuser Zhi Alan ChengThe recent guilty plea of Queens gastroenterologist Dr. Zhi Alan Cheng underscores a chilling breach of medical trust — and a tragic reminder of how vulnerable patients can be to sexual abuse, even in the most trusted settings.

As New York doctor sexual abuse attorneys,  we represent survivors of physician misconduct and work to hold abusers — and the institutions that enable them — fully accountable under the law.

Multiple Victims, Shocking Abuse

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250px-Tacrolimus-1YAT-ball-and-stick-model When a patient receives a life-saving kidney transplant, they rely on immunosuppressive medications like tacrolimus to prevent their body from rejecting the organ. These drugs are not optional—they are critical. But what happens when the very drug meant to protect a transplant patient may have contributed to the failure of their new organ?

According to a recent Pro Publica Investigation, that is the unsettling reality facing Joe DeMayo, a transplant recipient who was prescribed generic tacrolimus manufactured by Intas Pharmaceuticals. Despite faithfully taking the drug as directed, his donated kidney began to fail much earlier than expected. What DeMayo didn’t know—and what thousands of patients across the country likely didn’t know—is that the FDA had found serious manufacturing violations at the Indian factory where his medication was produced, including the manipulation of drug-testing records.

As New York medical malpractice attorneys, we are deeply concerned by the implications of this case—not only for DeMayo, but for the many transplant patients who trust that the drugs they take are both safe and effective.

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Common_Mens_Health_Concerns_2025As New York medical malpractice attorneys, we have seen firsthand how delayed diagnoses, improper screenings, and mismanaged care can have devastating consequences for male patients. In 2025, men continue to face serious health risks—including heart disease, cancer, stroke, and mental health issues—that demand timely, competent, and proactive medical attention. Unfortunately, when that care falls short, the outcome is too often life-altering or fatal.

1. Heart Disease

Heart disease remains the leading cause of death among men. It includes conditions like heart attacks and strokes—both of which can be fatal without prompt diagnosis and emergency care. High blood pressure, elevated cholesterol, diabetes, and smoking are key risk factors. Failure to monitor or manage these risk indicators may constitute medical negligence.

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