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 Personal Injury

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Flag footballAn increased number of parents have been worrying about their kids getting injured in contact sports after seeing the movie “Concussion” (see our previous blog). In a recent article Kristy Arbogast, Co-Scientific Director and Director of Engineering for the Center for Injury Research and Prevention at The Children’s Hospital of Philadelphia and a Research Associate Professor of Pediatrics at the University of Pennsylvania says many parents have asked questions about chronic traumatic encephalopathy (CTE). Parents want to know if kids who play contact sports are at risk to  develop CTE in the future. Kristy Arbohast who is a brain injury specialist, says that so far unfortunately there is no answer to this question. Some kids who played contact sports at high level (collegiate football or rugby) have developed symptoms of CTE but scientists still don’t know what predisposes a person to CTE.

Kristy Arbohast recommends that parents whose kids are interested in being involved in a contact sports make sure they are are proprely managed and coached. Parents should check that their child is playing in a league that requires coaches to be trained to recognize concussion signs. The coach should not only be trained in recognizing concussion signs but also have to respect the time that is needed to recover from a concussion. Recent research has shown that the best way to recover from a concussion is rest and then a progressive return to learning and playing activities.  Additionally parents should advocate for changes in rules to promote safety. Some rules can be changed so children are protected from injuries but still learn the skills for a specific sport. Flag football is a good example of how a child can still develop football skills while limiting personal injuries related to tackling players to the ground. Rules in hockey which prohibit body checking for youngsters have also help in reducing the number of head injuries in youth hockey.

The complete article can be read here

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In Davis v. South Nassau Communities Hospital, Edward Davis sued this  New York hospital for medical malpractice after he was injured in a car accident caused by an impaired hospital’s patient. The patient was Lorraine Walsh. Walsh presented herself to the South Nassau Communities Hospital Emergency Room with stomach pain. The ER doctor gave her a very powerful pain medication and told her she could go home.  Because the patient was allergic to morphine, she was given Diluadid, an opioid, which is stronger than morphine and Ativan, a fast acting benzodiazepine with a 6 hour half life intravenously.  The medication that was given by the ER doctor can impair the ability to operate a motor vehicle. However the doctor didn’t warn the patient nor ask if she was indeed driving home alone.

As she was driving back home, Lorraine Walsh, impaired by the medication, crossed a double yellow line into oncoming traffic and struck a vehicle driven by Edward Davis. Edward Davis suffered personal injury caused by the car accident. Davis then filed a medical malpractice lawsuit against the hospital and the physician. The suit was dismissed by the by the trial court and by the Appellate Division. Davis then appealed to the New York Court of Appeals.

The Court of Appeals had to rule on an interesting question: can a third party injured by an impaired patient sue a medical provider under the theory that the medical provider’s malpractice was the cause of of the third party injury even though the third party didn’t have a direct relationship with the medical provider. In a 4-2 decision, the New York Court of Appeals ruled that Davis’claim was permissible.  The Court held that defendants had a duty to plaintiffs to warn Walsh that the drugs administered to her impaired her ability to safely operate an automobile.“Our decision herein imposes no additional obligation on a physician who administers prescribed medication. Rather, we merely extend the scope of persons to whom the physician may be responsible for failing to fulfill that responsibility.” Judge Stein and Judge Abdus-Salaam dissented in a lengthy opinion

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A man who was involved a  car accident on a New York highway was hit by another car going in the opposite direction. The accident happened yesterday night around 7:30 pm on the FDR near 41st Street. Two cars collided on the northbound side of the highway. One of the drivers exited his car and attempted to cross the highway on foot.  As he was crossing the FDR Drive he was struck by a car and critically injured.  Read more in the NY Daily News

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A hit and run driver struck a young pedestrian in Brooklyn, NYC last Friday around 12:55 am. The car accident happened at the intersection of Broadway and Marcy Ave in Williamsburg. The 15 year old boy was critically injured. Read more in the NY Daily News.

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will smithNFL players who suffer repetitive traumatic brain injury during their career have a high risk to develop Chronic Traumatic Encephalopathy (CTE).  CTE  is a progressive degenerative disease. Individuals affected by CTE often show symptoms of dementia such as loss of memory, confusion, depression and aggression.

Dr. Bennet Omalu, now the chief medical examiner, San Joaquin County in California, was one of the first doctors to detect CTE in NFL player’s brains.  Thirteen years ago as he was working at the Allegheny County Coroner’s Office in Pittsburgh he autopsied Mike Webster, a Hall of Fame center for the Steelers. Webster became so mentally ill that he ended up living in his pick up truck. During a dementia crisis, he pulled out his teeth and glued them back with superglue. He also shocked himself with a taser on a regular basis.

malu found that Webster’s brain was riddled with dark tangles of tau protein, which he explained had choked Webster from the inside out. He identified the condition as CTE and attribuDuring the autopsy, Dr Oted it to the estimated 70,000 hits to the head that Webster endured during his career. Dr Omalu then examined other players such as Terry Long, Justin Strezelczyk and Andre Waters and found they were afflicted by the same condition. When he showed the results of his research to the NFL they  publicly ridiculed him and intimidated him calling him a quack.

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Lionel-Hampton-HousesA fire at a New York High-rise left seven people badly injured last Monday night.  The fire started in a trash compactor located on the 9th floor of the Lionel Hampton Houses in Harlem, NYC (see picture).  A heavy smoke spread through the building forcing residents to break their own windows to be able to breath. Seven people had to be transported to the hospital to be treated for smoke inhalation injuries including a woman who is still in a coma. The fire may have been the result of a negligent tenant who threw something flammable such as a cigarette into a compactor.   Read more in the NY Daily News. 

Smoke inhalation can result in severe respiratory injuries and sometimes death. Respiratory injuries are the number one cause of deaths related to indoor fire accidents. When an indoor fire erupts, the combustion of multiple building materials releases a hot smoke that spreads toxic amounts of carbon monoxide and cyanide in the air. The heat of the smoke can cause internal burning to the respiratory system. The carbon monoxide and cyanide released during the combustion can lead to poisoning, pulmonary irritation and swelling.  If severe, these injuries combined together are often fatal.

The same night, a 53 year old woman suffered serious burn injuries in a Bronx apartment fire. The investigation determined that the fired was caused by a discarded cigarette. (Read more in the NY Daily News).

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brSeven of the best New York personal injury attorneys as well as an ethics attorney and the Honorable Douglas E. McKeon will be discussing some of the most challenging issues that trial attorneys face during trial in a seminar organized by NYSTLA. This seminar will be co-chaired by our managing partner Ben Rubinowitz and by Jeff S. Korek from Gersowitz, Libo & Korek P.C.  It will take place on January 26th and February 9th 2015 from 6:00 pm to 9:00 pm at the New York State Trial Lawyers Association, 132 Nassau Street in Manhattan.  The seminar will also be broadcasted  live. An audio CD and a video DVD will also be available as well as printed materials. They can all be ordered here.

During this seminar  the following subjects will be covered:

  • collateral attacks on expert witnesses
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School bus accident4 children and 3 adults were injured in an accident involving a school bus and a passenger car. The accident happened at the dangerous intersection of First Street and Fourth Ave in Park Slope, Brooklyn, NYC last Friday around 3pm. The school bus was traveling northbound on Fourth Ave and was trying to make a left turn onto First Street when a Mustang struck it. The impact was so strong that the bus flipped on its side. The passengers, 4 children and 2 adults as well as the driver of the mustang were all transported to the hospital.

Located one block away from a school, the intersection of First Street and Fourth Ave is both dangerous for drivers and for pedestrians. On the Vision Zero map two people complained about poor visibility at this intersection.  One of them expressed concern about the fact that many school buses were turning left onto First Street from Fourth Ave with almost no visibility. The other one called the intersection chaotic. Double parking as well as a nearby car wash are also  adding to the chaos according to the comments.

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A pedestrian died in a car accident in Brooklyn, NYC last Thursday. The driver was charged with failure to yield and failure to exercise due care and issued a desk appearance ticket.  The victim is a 77 yearl old woman. She was crossing the road at E. 21st Street and Gravensend Neck Road in Sheepshead Bay when a van making a left turn hit her. The driver 23 year old Zafrom Ghafoor was driving South on E. 21st Street. He drove thru a stop sign before making the left turn. If he had stopped he would probably have seen the elderly woman and the accident could have been avoided.

Earlier during the day, a 67 year old female pedestrian was severely injured after being hit by a car in Queens, NYC.  The accident happened at the intersection of 39th Street and Queens Blvd in Sunnyside, Queens, NYC. The driver was making a left turn when he hit the victim. He said he didn’t even see the victim. The woman was severely injured and her leg was partially amputated at the right ankle according to the FDNY.

That same day a 31 year old bicyclist crashed into a 65 year old pedestrian in Brooklyn, NYC. The pedestrian was crossing 60th street at Eighth Ave in Sunset Park when the bicyclist plowed into him. Both of them were injured and taken to the hospital. The pedestrian who suffered head trauma was in critical condition. The bicyclist only suffered minor injury.

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3 pedestrians suffered personal injury after being hit by a car in New York. The pedestrians were walking on the Upper East Side of Manhattan when a car plowed into them. The driver identified as 27 year old Cameron Cohello fled the scene of the accident, striking another car. He continued to drive toward the Queensboro Bridge. He abandoned his car near the bridge. He then tried to force a cab driver out of his car to steel his vehicle. A traffic agent ran to the rescue of the taxi driver. As the traffic agent was trying to grab him, Cohello punched him in the chest. Cohello was finally arrested by the police and sent to the hospital for psychological evaluation. He was charged with felony, assault and attempted robbery.

Read more in the NY Daily News

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