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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A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding  including a possible tear of the left atrial wall (top left chamber) during use of the device.   The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

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NYC Fatal Personal Injury ChildrenPersonal Injury is the leading cause of death among children 1 to 12 years old in New York City and in the U.S. as well. Between 2003 and 2012 438 NYC children died from injuries according to a new report just published by the New York City Department of Health and Mental Hygiene.  These injuries were primarily related to motor vehicle accidents followed by fire related injuries, suffocation and falls. Most of the children who died after being involved in a traffic accidents were pedestrians.

Most injuries leading to death (65%) were unintentional.  Infants between 1 and 2 years old are the most at risk as well as non Hispanic black children of all ages and kids from very poor neighborhoods. Boys have a much higher risk of death from an unintentional injury than girls.

Death related to intentional injuries are more prevalent among infants, in poor neighborhoods. Non Hispanic black kids are the most at risk of dying from an intentional injury.

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benOur managing partner Ben Rubinowitz and the Honorable Nancy Vaidik, Chief Judge of the Indiana Court of Appeals will direct the National Session of the National Institute for Trial Advocacy (NITA) in Boulder Colorado from July 22nd to July 30 2015. ” Together Rubinowitz and Vaidik have invited some of the best trial lawyers, judges, and professors in the country, all of whom are also some of the best teachers of trial advocacy in the country.”  Participants will have the opportunity to use NITA’s learning-by-doing method to practice and perfect their skills in the art of persuasion and trial advocacy with an outstanding faculty.  Participants will be personally coached on speaking well by Brian Johnson and Marsha Hunter, authors of “The Articulate Advocate” and communication experts extraordinaire. Students will also have the opportunity to practice and master isolated trial skills in a dedicated drill room.

To read more about this program and to register click here

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PrintGair Gair Conason Steigman Mackauf Bloom & Rubinowitz was featured in the New York Law Journal’s Top New York Verdicts of 2014 for obtaining the highest award for a verdict in a motor vehicle accident involving a bicycle.  The case was tried by our Managing Partner Ben B. Rubinowitz, along with our Partner, Peter J. Saghir.  The accident involved a 36-year-old woman who was riding her bicycle south on Broadway across East 14th Street when she was struck from behind by a New York City Transit Authority bus which was traveling southbound in the same direction as the plaintiff.  After she was struck by the bus she was dragged into the intersection where the right rear wheels of the bus rolled over her legs.  The bus driver claimed that he was in the center or left lane at the time of the accident and that the plaintiff suddenly and unexpeNY Personal Injury Lawyers Rubinowitz and Saghirctedly rode her bicycle across two lanes of traffic from the right lane to the left lane and struck the right side of the bus.  The plaintiff contended she was in the right lane as she approached the intersection.  It was undisputed that the plaintiff ended up in the left-hand lane of this three lane roadway.  The plaintiff suffered a degloving injury to her right leg as well as fractures to the distal tibia and fibula of her left leg.  The plaintiff’s entire claim was based on pain and suffering and loss of enjoyment of life.  No claims were made for past or future medical expenses or past or future lost earnings.  After two days of deliberation, the jury found the New York City Transit Authority at fault and awarded the plaintiff $8,570,000 ($3,250,000 past pain and suffering and $5,320,000 future pain and suffering  over 40.9 years).

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Child abuse and neglect not only have terrible consequences on the life of the victim but also impose a hefty cost on our society.  Some interventions can change these personnally tragic and socially costly outcomes. A new website, Children Adversity Narratives (CAN) launched by Franck Putnam, MD, UNC at Chapel Hill, NC; William Harris, PhD, Children’s Research and Education Institute & New School for Social Research, NYC, NY; Alicia Lieberman, PhD, Sanfrancisco, CA; Karen Putnam, PhD, UNC at Chapel Hill, NC and Lisa Amaya-Jackson, Duke University. Durham, NC provides an in depth analysis of child trauma and adversities and propose to adopt a public health approach to prevent, screen and treat trauma related to child abuse and neglect.

child abuse

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Last August an 80 year old nursing home resident suffered severe personal injury after she was physically abused by a nurse’s aid in a New York facility. The incident happened when 59 year old Marie Jeanty, a certified nurse aid was changing the resident at the West Lawrence Care Center, a nursing home located at 1410 Seagirt Boulevard in Far Rockaway, N.Y.  According to Court documents, the nurse aid asked the resident to move to change her clothes and bed linen.   Jeanty then allegedly pushed and hit the resident multiple times in the arm and shoulder with a closed fist and forcibly pushed her into the side of the bed rail, causing her face to hit the rail. As a result, the resident suffered a black eye and significant bruising and swelling to her left arm, right temporal area, and right orbital area, which required treatment at St. John’s Episcopal Hospital. The nurse aid was arrested at the beginning of this month and charged with second degree assault and two  felonies for endangering the welfare of another person. Read more in the NY Daily News or read the press release of the New York Attorney General Eric T. Schneiderman

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40 people died and  10,069 suffered personal injury in a traffic crash in New York City between January 1st and April 1st 2015 compared to respectively 51 and 10,805 in 2014 and 69 and 11,676 in 2013.  it is also interesting to note that there were more accidents during the three first months of this year compared to the same period of the 2 previous years. These numbers indicate that streets are getting a little safer for New Yorkers and that Vision Zero may be starting to show some results.

traffic accidents deaths and injuries NYC jan to march 2015
23 pedestrians died in traffic accidents in NYC during the first three months of the year compared to 31 for the first three months of 2014 and 44 for the same period of 2013. This number is still high but over the last two years it almost decreased by half which is a positive evolution.  The number of pedestrians injured in a crash in NYC during that same period was 2,423 in 2015 compared to 2,847 in 2014 and 3,080 in 2013.

pedestrian detahs and injuries in NYC jan to march 2015

1 person died in a bicycle accident in New York City during the first trimester of 2015 compared to 2 the previous year and 1 in 2013. 355 cyclists suffered personal injury during the same period compared to 399 in 2014 and 510 in 2013. It is difficult to look at bicycle accident statistics for the months of January, February and March as it is the end of the Winter season and not many people use their bikes.

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6 people were injured in a car accident during which a livery van collided with another car on Park Ave at E. 116th Street in Harlem, NYC. The collision was so powerful that the livery car flipped into the air. Two people were seriously injured and four others suffered only minor injuries. They were all rushed to the hospital.

Read more in the NY Daily News

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Illegal products sold as synthetic marijuana are sending an average of 2 to 3 New Yorkers to the emergency room every day since the beginning of 2015.  Users of these products can suffer serious personal injury as the herbal mixture sold as synthetic Marijuana as often been sprayed with harmful chemicals. When smoked these chemicals can create anxiety, sedation, rapid heart rate, vomiting and seizures.” Synthetic cannabinoids can even cause kidney failure or in the most extreme cases, heart attacks.

In New York City, these products are sold and consumed in  East Harlem mostly by males of an average age of 35. Synthetic cannabinoids are known by several street names, including K2, Spice, Green Giant, Red Giant, Geeked Up, Caution, Smacked, Wicked X, AK-47 and “legal marijuana.” The packages can also be labeled “not for human consumption” and sold as “incense” or “potpourri.”

Read more in the press release from the New York City Department of Health and Mental Hygiene

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brOur managing partner Ben Rubinowitz will be a speaker at the 360 Advocacy “Damages, Go Big or Go Home” Conference that will take place in Las Vegas from June 14 to June 16, 2015.

All cases come down to one issue – DAMAGES. Even when you win liability, without a great damage settlement or award, the case is not really “won” in your eyes and the eyes of your client. Winning big is not only about the case, but also about the skill and talent of the trial lawyer handling the case.  The faculty put together for this conference will teach participants both what they know and how to apply the knowledge, techniques and skills to bump up your success rate.

Ben will be speaking Monday June 15th on” Using Cross Examination at Trial to Enhance Damages”. Ben has  written extensively on the Art of Cross Examination and spoken at Seminars across the country. Ben was the 2013 recipient of the Robert Keeton Award for Outstanding Service as a National Institute for Trial Advocay (NITA) Faculty Member. This award recognizes Ben’s exceptional work as a NITA faculty member. Here is what NITA had to say about Ben: “In considering his nomination, it was recognized that “Ben is a ‘best’ teacher and deserves the best teacher award.” He began teaching early in his career, and has contributed to new and evolving methods, such as “drills” and the drill room. He lectures in the same persona that he presents to a jury-a consummate role model.” See our prior post here.

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