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.
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More than twenty years ago, a medication was developed that can save lives and reduce the disabling impacts of a stroke. Known as tissue plasminogen activator (or “T.P.A.”), this medication is now considered the gold standard for the treatment of ischemic strokes by the American Stroke Association.

Generally speaking, there are two types of strokes that can occur—ischemic stroke or hemorrhagic stroke. An ischemic stroke occurs when there is an obstruction to one of the vessels that supplies blood to the brain. A hemorrhagic stroke occurs when a blood vessel ruptures and bleeds into the area surrounding the brain. T.P.A. can only be used to treat ischemic strokes. When timely used to treat an ischemic stroke, it can be a brain-saving treatment.

RECENT STUDIES SHOW TPA CAN PREVENT BRAIN INJURY AFTER A STROKE BUT SKEPTICS SAY TPA IS DANGEROUS

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New York Medical Malpractice Lawyer Jeffrey BloomNew York Medical Malpractice Lawyer Ben RubinowitzOur partner,  New York Medical Malpractice Lawyer Jeffrey Bloom will be chairing the “Anatomy & Medicine for Lawyers” program offered by the New York State Bar Association Thursday March 29th from 9:00 am to 5:00 pm at the CFA Society, 1540 Broadway #1010 in New York City. The program will also be webcasted live.

During the program Jeffrey will talk about preparing a medical malpractice case. He will discuss cases from both the plaintiff and defense perspectives. Our managing partner, Ben Rubinowitz will also attend the program as a speaker. He will lecture, about orthopedic and spinal injuries. He will be joined by Dr James Naidich, a radiologist in discussing these types of injuries.

This unique program will familiarize medical malpractice attorneys and personal injury attorneys (both plaintiff and defense) as well as workers’ compensation attorneys with the medical concepts and terminology necessary to

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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Concurrent or overlapping surgeries are becoming more common in major teaching hospitals. Although studies have suggested that the practice can be performed without endangering patient safety, the attorney prosecuting such a case should focus on the motives behind the practice. Developing “case frames” such as profit over safety will certainly answer questions in the minds of jurors as to who benefits from double booking.

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Personal Injury Attorney Ben RubinowitzOur personal injury law firm is proud to announce that our managing partner, Ben Rubinowitz, was invited to be one of the 5 distinguished faculty members of “CLE with the Stars”, a seminar organized by the Connecticut Trial Lawyer Association.

The 4 other distinguished faculty members will travel from all over the country. They are Mark Davis from the Honolulu firm Davis Levin Livongston, Randy L. Kinard from the Nashville firm Kinnard, Clayton & Beveridge, Zoe Littlepage from the Houston law firm Littlepage Booth and Tyler Thompson from Dole, Thompson, Shepherd & Conway, PSC in Louisville, KY. The program will be chaired by Connecticut attorneys Kathleen Nastri and Michael Koskoff both from the firm Koskoff Koskoff & Bieder, PC.

The seminar will take place Friday April 6th 2008 from 9:00 am to 3:00 pm at The Trumbull Marriott, 180 Hawley Lane, Trumbull CT 06611.

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New York Personal Injury lawyer Anthony GairNew York Personal Injury Attorney Christopher DonadioOur NY Construction Accident law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1 million settlement in a construction accident that occurred in New York. The case involved an incident that occurred on a construction site in Manhattan. The plaintiff, who was a worker on the job site, suffered a crush injury to his thumb when a small crane (known as a “gin pole”) failed, and caused a several hundred pound motor to fall on to the plaintiff’s hand.

Due to the incident, the plaintiff was taken by ambulance to the hospital. At the hospital, the plaintiff was diagnosed with a crushed thumb on his non-dominant hand. As a result of the injury, the plaintiff required three surgical procedures to his thumb, including a revascularization procedure and a skin graft.

An action was brought in New York County, Supreme Court, against the general contractor of the construction project, and the owner of the construction site. The action was brought under New York Labor Law §240(1). The Labor Law of New York §240(1) provides that:

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Construction_AccidentAmong the 350,000 construction sites who were required by OSHA to electronically file their annual injury and illnesses log summary by December 31st only 153,653 complied.  61,000 construction sites that were not required to provide electronic records did it anyway. Almost 200,000 work sites  didn’t comply with OSHA’s new electronic record keeping rule. It is not exactly clear why so many companies didn’t comply with the new rule. Some companies may have believed they were exempted, some thought that the deadline would be extended one more time. Other employers didn’t want their data to be published online as the new rule requires it.

Technically OSHA now has  until June 15 to visit the 200,000 locations that violated the rule. Companies who didn’t file may risk up to $12,934  in penalties. Companies who can demonstrate they had difficulty filing electronically as well as companies who can provide a paper copy of their report may be exempted from a fine.

According to Construction Dive, some experts believe that OSHA wasn’t aggressive enough in its compliance effort.

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Hospital-PatientTo avoid medical malpractice and make sure their patients are safe, good healthcare organizations stay proactive and identify actual and new risks of medical malpractice to better address them. Every year the ECRI institute, a non profit organization advocating for patient safety, compiles a list of the most urgent issues to be addressed by these organizations. The list, based on more than 2 million events reported to the ECRI Institute, highlights high priority concerns and new risks related to patients safety and proposes solutions to address them.

Diagnostic errors stay the main concern

Diagnostic errors and the opiod epidemic continue to be at the top of the list.  Poor Internal Care coordination resulting in  numerous medical errors continue to be a major safety concern as well. Staff bending work rules to circumvent or temporary fix what they perceive as a barrier or a system flaw and often unintentionally  putting the patient in unsafe condition is also a main issue faced by healthcare organizations.  The incorporation of poorly designed Health Information Technology Systems continue to have negative consequences on patients health.

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Speed_cameras1Dorothy Burns, the woman who killed two children and sent their mothers to the hospital after going through a red light, had a history of reckless driving. She was caught four times for running a red light and four other times for speeding in school zones. However she was still able to drive around the city.

In Today’s editorial, the New York Daily News is pointing out several cases of dangerous drivers who have been caught multiple times endangering pedestrians lives but still have their driving licence.

Drivers who are being caught by speed or red-light cameras only risk a $50 fine in New York City. There are no other consequences whatever the number of times they are caught doing it. The Daily News found out that a dozen drivers have accumulated more than 45 tickets each and are still able to drive in the city.  Privacy Laws prevented the Daily News from obtaining the names of these drivers. However they found out that the same car in Queens got 74 tickets for speeding in school zone and 1 for going through a red light.  A white van got 59 speeding tickets and 7 red light violations. Two livery cars with TLC licenses  had a total of 22 red light violations and 25 speeding tickets.

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A hard hat died at a NYC construction site after being crushed between a forklift and and a flatbed truck. 46 year old Jorge Castaneda from Queens was working at a Brooklyn construction site located at the intersection of Stewart Street and Broadway in Buschwick, Saturday afternoon around 3:00 pm. The construction worker walked between a flatbed truck and a forklift that was carrying scaffolding pipes. The forklift tipped over as it was passing next to Castaneda, crushing him against the truck.  Emergency responders lifted the forklift, liberated the poor man and rushed him to the hospital. Unfortunately the worker couldn’t be saved. He died from his injuries.  Read more in the NY Daily News

Forklifts are dangerous machines and unfortunately accidents involving workers on foot struck by such machines are all too common. Very often accidents occur because safety protocols established by the New York State Department of Labor were not followed. In the case of the death of Jorge Castaneda, the forklift may have tipped because it was not in compliance with Industrial Code §23-9.8(b) stating that forklifts may not be overloaded.

Picture of the site of the accident courtesy of Google Map

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helicopter about to drown5 people died in a helicopter accident in New York on Sunday. Only the pilot, 33 year old Richard Vance, survived. The passengers were two 26 year old friends from Dallas, Trevor Cadigan and Brian McDaniel, an Argentinean tourist, 29 year old Carla Vallejos Blanco and two employees of the helicopter company, 34 year old Daniel Thompson and 29 year old Tristan Hill.  They were riding aboard a door-off helicopter that used to be reserved for professional photography but has been recently marketed to tourists as well.  Because the doors are opened during the entire flight, passengers are secured in complicated harness systems. Unfortunately what made the harness safe when in the sky became a death device during the crash. As the helicopter quickly went down in the freezing water of the East River, none of the passengers were able to free themselves from the safety harness. The federal regulators announced yesterday that they would give urgent attention on the use of harnesses for aerial photography.

Before boarding the 5 passengers were required to look at a 10-minute safety video which briefly explains that there is a knife in a pocket of the harness that has to be used to cut a strap in the back of the harness in case of emergency . Tourist are often so excited that they don’t really pay attention to the video. Additionally when someone is upside down panicking in freezing water , everything becomes much more difficult. One would hvae to be trained like a Navy Seal to free himself in such difficult conditions.

The pilot told investigators that a bag or a strap of a bag may have touched a fuel control switch however experts doubt that this theory is plausible.  The pilot then realized he was experiencing engine trouble and decided to attempt an emergency landing. He could have chosen Central Park but he decided to land on the East River instead. The pilot executed what is known as an emergency auto rotation maneuver but the helicopter turned over and sank with the passengers stuck in their safety harnesses. The emergency inflatable pontoons didn’t function proprely. Read more in the NY Post.

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