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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 Wrongful Death

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MeFDA-logodtronic HeartWare Ventricular Assist Device (HVAD) device caused the wrongful death of more than 3,000 people since it was introduced on the market more than 10 years ago. The sale and distribution of the heart pump was stopped in June last year but many patients still have the pump implanted in them. Now some of the batteries powering the device might be deadly too.

Medtronic announced last May that a model of battery that was powering the Medtronic HeartWare Ventricular Assist Device (HVAD) was defective and that it could cause serious personal injury or death if it was not changed for a new battery. An urgent Medical Device Correction letter was sent out by Medtronic to all affected customers on May 5th  recalling 429 devices manufactured in April 2021. Then a month later, after the company received 1,159 complaints including 6  injuries and one death, the recall of the same model of batteries was extended to those that were distributed since January 2009.

The recall affects 23,372 Medtronic HVDA Batteries with model number 1650DE that were distributed between January 1st 2009 and now

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fall accident causesDespite strict safety regulations and awar

eness campaigns, falls remain the number one cause of death in the construction industry.

In an innovative study recently published by the Center for Construction Research and Planning (CPWR), the authors, Grace Barlet, Rosa Greenberg and Jessica Bunting tried to understand why, despite all the efforts, 353 construction workers died from fall in the US in 2020.

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Truck Smart Guide NYCWhile trucks remain essential in new York City, they pose a serious risk to other road users in particular to pedestrians and cyclists.  According to statistics, 67% of  truck accidents involving a cyclist or a pedestrian result in serious injury or death.

The largest the truck, the most dangerous it is

Large blind angles can hide pedestrians and cyclists when they stand in front or on the side of a truck. Additionnally the heaviest a truck is, the longest it will take for the truck to stop.

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lithium-battery-can-be-deadly-2An e-bike battery explosion caused a deadly fire in Harlem, NYC, inside NYCHA’s Jackie Robinson Houses.

5 year old Erika Williams was sleeping in a an apartment with her dad Erik Williams and his 36 year old girlfriend Chanise Anderson when a little after 2:30 am on Wednesday morning, the lithium battery of an e-bike stored next to the apartment entrance door exploded and created a fire.

The fire and heavy smoke prevented the toddler and the girlfriend to escape while the father covered in flames ran into the hallway screaming for help. He is still in the hospital in critical condition. The 5 year old girl and the girlfriend both died. 3 dogs also died in the fire.

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Sherman-Avenue-were-the-deadly-crash-occuredTwo pedestrians are dead, and 5 car occupants are seriously injured including 3 in critical condition after two cars crashed on dangerous Sherman Avenue in Inwood. The accident occurred on Wednsday early morning around 4:00 am on Sherman Avenue near the intersection of West 207th Street. 31 year old Joel Adames from Manhattan and 40 year old David Fernandez from the Bronx were walking on the sidewalk of Sherman Avenue when two cars collided and one of them jumped the curb and fatally struck the two men. Fernandez was a beloved local barber and both friends had just left the barber shop location and were walking on the sidewalk when the accident occurred.

A total of 5 occupants were in the BMW and the Subaru, when the BMW driver who was travelling North on Sherman Avenue veered onto the Southbound lane and collided with the Subaru that was travelling South. The Subaru then jumped the curb and killed the two pedestrians.  The 3 occupants of the Subaru were critically injured and rushed to the hospital. Two other people who were car occupants were also injured.

Sherman Avenue is a dangerous speedway where crashes are common

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speed cameras to reduce crashes in NYCIn an effort to reduce car accident fatalities and serious injuries in New York City,  more than 2000 speed cameras located in 750 school zones throughout the 5 boroughs of New York City will be turned on 24/7 365 days a year, starting August 1st, 2022.

Speed cameras that used to be turned on weekdays from 6:00 am to 10:00 am have proven to be one of the most effective ways to reduce speeding in the city. Statistics from the NYC DOT show that speeding was reduced by more than 70% at locations where speed cameras were installed.

With many dangerous crashes caused by speeding occurring at night time and during week-ends, the DOT strongly believes that the new speed camera schedule will help curb these type of crashes.

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Location of the deadly CitiBike accidentA 28 year old woman riding a CitiBike was fatally struck by a tractor-trailer truck in New York.

The fatal collision between the truck and the cyclist occurred last Tuesday around 10:50 AM. 28 year old Carling Mott who lived a few blocks away, in Yorkville, on 84th Street, was riding a CitiBike on East 85th Street near the intersection of Madison Avenue when she was struck by a tractor trailer going in the same direction. The police initially stated she was riding in the opposite direction but corrected their statement later on.  Just before the accident the tractor trailer was waiting for the light to turn green and Carling was riding her bike on the right side of the truck when the driver took off (see video). The investigation is still ongoing as how exactly the accident took place . According to a recent article in the patch, Mott might have felt and gotten crushed by the truck as the light turned green and the driver moved forward. She was rushed to the hospital but she could not be saved.

https://vimeo.com/734040568

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52 pedestrians, 5 cyclists, 27 passengers and 29 motor vehicle operators died in crashes in New York City during the first semester of 2022 compared to respectively 58, 5, 16 and 39 during the first 6 months of 2021.  The total number of fatalities comes to 113  for the period under review compared to 118 for the same period a year earlier. While the total number of crash fatalities slightly declined for the first six months of 2022 compared to the first six months of 2021, it remains much higher than any other years since Vision Zero started. Pedestrian fatalities slightly declined, cyclists fatalities remained stable and while drivers fatalities were less, passenger deaths hit a record high.

car accident deaths New York semester 1 2022
Crash injuries in New York City during the first semester increased from 22,898 in 2021 to 23,963 in 2022. While the increase is significant it remains below the number of injuries reported before the covid19 crisis. Pedestrian injuries went up from 3,128 to 4,005 as well as passenger injuries from 5,492 to 7,361. Cyclist injuries declined from 2,303 to 2,027 and driver injuries as well from 10,975 to 10,570.

NYC crash injuries sem 1 2022

New York Pedestrian fatalities remain above 50 during the first six months of the year

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Forsyth and Houston where the fatal hit and run crash occurred21 year old Andy Eduardo Gil was killed in a hit and run accident in Manhattan. The accident occurred on Houston Street at the intersection of Forsyth Street just one block away from where NYU student Raife Miligan was killed by a drunk driver  in May (see previous blog) and a few blocks away from where another hit and run driver killed 23 year old Borkot Ullah, a delivery cyclist in 2021. According to workers who were able to see a video surveillance of the accident, the car was speeding when the driver hit the pedestrian who was in the crosswalk.

According to a recent article in Transportation Alternatives, speeding is quite common on Houston Street. The speeding camera installed at the intersection of East Houston and Avenue C issued 18,870 tickets in the fiscal year of 2021 which is the equivalent of a ticket every 13 minutes of operations which is 6:00 am to 10:00 pm during weekdays only until August 1st. Starting August 1st speed cameras will be turned on 24 hours a day, 7 days a week in the city and hopefully will deter drivers speeding at night or during the week-end.

Houston Street is a very dangerous corridor of downtown Manhattan and Transportation Alternatives mentions that it was redesigned and the width of the travel lanes were enlarged which resulted in increased speeding.  The city promised in late 2020 to install “enhanced crossing” for pedestrians but so far nothing has been done.

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construction workers moving equipment are at risk of struck by accidentsCarlos’Law, a bill named after Carlos Moncayo, an undocumented and nonunion construction worker who was 22 year old when he was fatally crushed by a collapsing wall  on a Manhattan construction site, is on the desk of NY Governor Hochul. The bill that passed the State legislature earlier in June proposes to significantly raise fines for contractors and their agents who have been criminally charged after a serious in jury or death occurred at their construction site. Fines for misdemeanor would be raised to $300,000 and fines for a felony in criminal cases related to the death of a construction worker would be raised to $500,000 instead of the actual $10,000.

The actual NY state-imposed limit on corporate penalties of $10,000 is “Monopoly money”

Construction companies are rarely criminally charged in New York. Since The Occupational Safety and Health Act of 1970 was signed by President Nixon, out of 400,000 hard hat fatalities, 80 of them were prosecuted and around 12 only resulted in criminal charges.  Harco Construction, the general contractor for the site where Carlos Moncayo died was one of them (see previous posts). The contractor was sentenced to pay $10,000 (the maximum fine on corporate penalties in NY State) after being found guilty of reckless endangerment, criminally negligent homicide and manslaughter. At the time Cyrus R. Vance Jr who was the District Attorney called the fine “Monopoly money”.