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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A 68 year old man was riding his bike on Sixth Ave in Bay Ridge, Brooklyn, New York when he was hit by a truck. After the accident, the driver stepped out of his truck and looked around and drove away from the scene leaving the victim to die according to the New York Daily News. The driver told the police that he didn’t know that he hit anyone and that he had stopped to ask directions.

Brooklyn is New York’s deadliest place for fatal traffic accidents. In 2011 (most recent statistics available), 79 people died in car crashes in Brooklyn compared to 45 in Manhattan, 65 in the Bronx and 67 in Queens.

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meningitis.jpg745 people have been infected and 58 have died from an outbreak of fungal meningitis associated with epidural steroid injections between september 2012 and June 2013 according to the Center for Disease Control and Prevention. The contamination was traced to more than 17,000 vials from three contaminated lots of preservative-free methylprednisolone acetate (MPA) packaged and marketed by the New England Compounding Center in Massachusetts. Doses from these lots were distributed to 75 medical facilities in 23 states, and administered to approximately 14,000 patients after May 21 and before September 24, 2012.

A new report published in the September issue of The American Journal of Pathology, investigators from the Centers for Disease Control and Prevention (CDC) examines 40 cases including 16 fatalities. The report indicates that all except two fatal cases had a clinical diagnosis of meningitis. Tissue specimens from infected individuals showed inflammation of the leptomeninges and blood vessel walls within the brain. Autopsy examination showed extensive hemorrhage and necrosis around the base of the brain and clots involving the basilar arterial circulation.

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Drug-induced liver injury (also called DILI or drug-induced hepatotoxicity) is a significant cause of personal injury and wrongful death in many patient populations. According to a study published in in the June issue of Gastroenterology induced liver injury is caused in 75% of cases by a single prescription, in 16% of cases by a dietary supplement and in 9% of cases by multiple agents.

The population based study performed in Iceland, demonstrated that the incidence of DILI was the highest reported to date. Lead author Einar Björnsson, Department of Internal Medicine, Section of Gastroenterology and Hepatology, National University Hospital, Reykjavik, Iceland Faculty of Medicine, University of Iceland, presents the study in the video below.

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If a child is struck by a car at a speed of 40 mph there is 70% chance that the child will be killed. If a child is struck by a car at a speed of 30 mph there is a 80% chance the child will suffer personal injury and survive.

The legislation that we discussed last week in our blog has passed. 20 new cameras will be installed near schools that experience speed issues in their vicinity. Here is the link to the statements of Mayor Bloomberg and Transportation Commissioner Janette Sadik-Khan.

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Dosing errors, delay to treat or failure to diagnose a medical condition because of poor interaction between humans and computers or loss of data can result in serious personal injury and wrongful death.

Poor choice or inadequate implementation of Emergency Department Information Systems (EDISs) can threaten health care quality and patient safety. Findings and recommendations from two work groups from the American College of Emergency Physicians were released in a report last Friday in Annals of Emergency Medicine.

The report indicates that The Health Information Technology for Economic and Clinical Health Act of 2009 and the Centers for Medicare & Medicaid Services “meaningful use” incentive programs as well as additional requirements for detailed reporting of quality metrics have been major catalysts for the development and implementations of EDISs. However systems functionality varies greatly and it is crucial for emergency providers to actively participate in decisions about EDISs selection, implementation and monitoring.

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Nap%20Manny%20Product%20Defect.jpgNap Nanny and Chill recliners create a substantial product hazard. The products have design defects, as a result of which their use presents a risk of personal injury to infants. Further, the instructions and warnings are inadequate according to the U.S. Consumer Product Safety Commission (CPSC).

The recall is part of settlement of an administrative complaint filed in 2012 by CPSC against Baby Matters LLC of Berwyn, Pa., which sought a recall of of the Nap Nanny and Nap Nanny Chill infant recliners affter the death of five infants. CPSC staff and Baby Matters LLC reached a settlement agreement that includes the recall and ends the legal proceeding against the company.

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In an Upstate New York truck accident that happened several days ago, a trailer disconnected from the rig that was pulling it and crashed into a minivan killing 7. Investigation will determine if the cause of the accident was mechanical failure or driver action.

According to the Federal Motor Carrier Safety Administration, mechanical failures are the cause of only 1% of fatal accidents involving large trucks and among mechanical failures, the truck’s couplings, hitches or chains are the cause of 1 in a thousand fatal accidents.

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The new CPSC Pool or Spa Submersions: Estimated Injuries and Reported Fatalities, 2013 Report indicate that 75% of victims of drowning in a pool or spa are younger than 5 years old. Government data also show that the majority of African American and Hispanic children between 5 and 14 years old don’t know how to swim and therefore have a much higher risk of drowning in a pool.

Every year more than 5000 children visit the emergency room after a pool or spa related injury and an estimated average of 390 children drown. Most of the accidents happen in backyard pools.

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In its new pool safety campaign, The U.S. Consumer Product Safety Commission is asking parents and families to teach their children how to swim, to install a fence around backyard pools and spas and to watch children when they play around the pool.

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Diagnostic errors are not a new problem, in 1991 the Harvard medical Practice Study, investigated Medical Malpractice in New York Hospitals and found out that diagnostic errors were accounting for 14% of physicians errors and that 75% of them were due to doctors negligence.

In 1999 a study from the Institute of Medicine “To Err is Human”, looks at diagnostic errors and classifies them in four different categories: error or delay in diagnosis, failure to employ indicated tests, use of outmoded tests or therapy and failure to act on results of monitoring or testing.

Despite these studies, diagnostic errors have been largely ignored until recent research calculated the impact of such errors. Results from a 2009 report funded by the federal Agency for Healthcare Research and Quality showed that 28% of diagnostic mistakes were life-threatening or had resulted in death or permanent disability.

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