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 Product Liability

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A very well organized network of profiteer personal injury law firms, doctors, marketers and finance executives have teamed up together to try to make profit out of women who previously had a vaginal mesh surgery by leading them into believing something is wrong with their implant. A recent article in the New York Time looks at the cases of multiple women who previously had a vaginal mesh implant and were contacted by unidentified callers lying to them and pretending that their implants were defective to lure them into expensive, dangerous and unnecessary surgery.

Hired and trained by a marketing company, the callers usually know most of the medical history of the women that they were calling. Victims of these calls are often told that if they don’t undergo surgery to remove the mesh they might die. The caller then set the woman up with:

  • the law firm that initially hired the marketing company
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even Hills School Hillsdale campus from aboveA teenager died after being crushed by a defective car seat after making two agonizing phone calls to 911. Sixteen year old Kyle Plush was in his van, a Honda Odissey, on the parking lot of the Seven Hills School – Illsdale Campus in Madisonville, OH when the second-row seat accidentally tipped forward slowly crushing the young man to death. 46 people previously reported minor injuries for a similar issue and Honda issued a recall of this model last year to fix the problem.

“I probably don’t have much time left, so tell my mom that I love her if I die,”

As the seat was crushing him, Kyle picked up his cell phone and called 911 begging for help. He told the operator he was at “Seven Hills” but she couldn’t understand where it was. He made a second call and told the operator “I probably don’t have much time left, so tell my mom that I love her if I die,” he said. “I’m trapped inside my gold Honda Odyssey van. In the (inaudible) parking lot of Seven Hills Hillsdale. Send officers immediately. I’m almost dead.”

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JohnsonA New Jersey jury recently found that Johnson & Johnson baby powder contained asbestos and that the tainted product caused mesothelioma to a New Jersey banker. Mesothelioma is a deadly cancer linked to asbestos.

Stephen Lanzo was awarded $30 million for his pain and suffering and his wife was awarded $7 million in damages as well. 70% has to be paid by J&J and the other 30% by talc supplier Imery Talc America.

Both companies are planning to appeal. They pretend the banker developed cancer after being exposed to another asbestos source such as his school or childhood home.

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Defective-sign-NYCA 6 year old boy was seriously injured by a falling New York Street sign yesterday afternoon. The young boy was a tourist visiting from Argentina. He was on the sidewalk at the southeast corner of 32nd Street and Seventh Ave when a heavy street sign detached from the pole and fell on him. The boy was unconscious and transported to the hospital. According to the NYPD he woke up and he is now in serious but stable condition.

The defective sign, a large blue street sign marking West 32nd Street outside the East entrance of Penn Station fell after large gust of winds of up to 40 mph were recorded in the area. It was taken away by the NYPD.

The wind was so strong yesterday in Manhattan that it took down banners and damaged scaffolding all around the city. In the Tri-State area many trees fell down and thousands lost power.

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boy using cell phoneBig Wireless companies were told 20 years ago by scientists that cell phone usage could lead to cancer. The wireless industry didn’t listen to them and used the same tactics as the Tobacco and Oil industry to hide dangers from consumers. The Nation just released the results of an investigation that found that the top wireless companies have spent millions convincing people that their products were safe.

At the begining of the nineties, when only a minority of people owned a cell phone, some consumers and industry workers complained that they may have developed cancer caused by their cell phone. At the time Tom Wheeler president of the Cellular Telecommunications and Internet Association (CTIA) was the wireless industry’s point man in Washington. To shut down the complaints and calm down consumer concerns Wheeler hired George Carlo, a pro-industry scientist to run a comprehensive research on cell phones. George Carlo had previously conducted controversial studies helping the breast implant industry and the chemical industry. He seemed to be the perfect man to support the cell phone industry’s claims that their products were safe for consumers.

George Carlo was allocated $28.5 million for his investigation which is the highest funded cell phone study to date. Critics of the study complained that such a big amount of money could easily guarantee silent obedience of the scientific community. George Carlo denied these allegations.

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one of the vehicles recalledIn April 2016, Polaris recalled a potentially defective recreational off-highway vehicle so it could be repaired. The model recalled was the Polaris RZR. The company recalled it after they received more than 160 complaints that some of the RZR models caught fire as consumers were driving. A 15 year old passenger died and 19 people reported injuries such as first, second and third degree burns.

Last December Polaris and the Consumer Product Safety Commission announced that after the repair consumers continued to report fires. These fires have caused death, serious injury and property damage. Additionally new models launched by the company in 2017 have also experienced fires.

If you, a friend or a family member owns a Polaris RZR, please stop using it and contact Polaris at 800-POLARIS or 800-765-2747 from 8 a.m. to 9 p.m. CT Monday through Friday and 9 a.m. to 5 p.m. CT Saturday and Sunday or online at www.polaris.com 

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Defective Panasonic TVA potentially defective tabletop swivel stand sold with a 55-inch flat screen TV  was recently recalled by Panasonic. The Panasonic 55-inch, LED/LCD flat screen televisions with a tabletop swivel stand is a model that was sold to schools, government buildings and hotels from July 2012 through March 2014 .  The mounting screws that connect the stand to the TV can become loose and the TV can unexpectedly fall off the stand. This pose a risk of severe injury or even deaths to children.

If you see one these TVs on a swivel stand at your child’s school, at work or in a hotel please inquire if it was recalled and repaired. If it wasn’t please make sure that the  TV is detached from the stand and placed in a safe location before calling Panasonic for a free repair kit.

Panasonic indicates that so far nobody was injured.  755 models have been sold in the US and 130 in Canada. The TV is black with Panasonic printed in the front and the swivel stand is in a glossy black color and is 50 inches long. The model number for the television is TH055LRU50. It can be found on a tag on the back of the television.

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Defective Hoverboard Lazy BoardDespite the many fire accidents and injuries caused by defective lithium-ion battery packs in hoverboards, the toy remains among the most popular holiday gifts. If you or your kids own a self balancing scooter or if you are planning to buy one as a gift you should visit the Consumer  Product Safety Commission website and check on the recent Self Balancing Scooter recalls. Here are some of the most recently recalled models:

  • The Layz Board hoverboard was recently the subject of a second warning by the Consumer Product Safety Commission. According to the agency this hoverboard caused a fire on October 23, 2017, in Manchester Township, Pennsylvania, which destroyed one town home and damaged four others. The hoverboard was the object of a previous warning in May 2017 after two young girls died in a house fire caused by the Layz Board hoverboard on March 10, 2017, in Harrisburg, Pennsylvania
  • Salvage World just recalled 700 Smart Balance Wheel self-balancing Scooters/Hoverboards. The battery can overheat and pose a risk of smoking, exploding or catching fire
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Best Personal Injury Law Firm 2018The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, are proud to announce that for the eighth consecutive year the firm has been listed in the newly released 2018 ranking of the Best Law Firms by U.S. News and Best Lawyers®.

For New York City the firm obtained the following rankings:

  • Tier 1 in Medical Malpractice Law – Plaintiffs
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JohnsonAn ovarian cancer patient who had been using Johnson & Johnson talc for genital hygiene since she was 11 year old was awarded a $417 million verdict against Johnson & Johnson by a Los Angeles California Jury. This verdict is the highest of five previous product liability cases against Johnson & Johnson that were all tried in St. Louis, Missouri. It is also the third-largest jury award in the U.S. so far in 2017.

After a four-week trial, the jury awarded 62 year old Eva Echeverria $70 million in compensatory damages and $347 million in punitive damages against Johnson and Johnson for failing to warn consumers that genital use of talc powders could raise the risk of ovarian cancer. Echeverria was diagnosed with ovarian cancer in 2007. According to the lawsuit she used Johnson and Johnson talc for her personal hygiene many thousands of time over 40 years. She stopped using the talc in 2016 after watching a TV report that linked talc powder to ovarian cancer. Unfortunately it was too late for Echeverria who was diagnosed with ovarian cancer a year later.  The cancer has now spread to different parts of her body despite 100 rounds of chemotherapy and several experimental treatments with painful side effects. Echeverria has a daughter and a grandson.

Despite having lost most talc powder cases, Johnson and Johnson is still denying their talc powder is unsafe. After the verdict, Carol Goodrich, Johnson & Johnson spokeswoman said “Ovarian cancer is a devastating diagnosis and we deeply sympathize with the women and families impacted by this disease. We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder”.