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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crying babyChildren and adolescents are prone to traumatic brain injuries (TBI). Among the 1.7 million patients diagnosed every year with TBI in the US, 700,000 are children below 19 year old. A recent study by Bina Ali, Bruce A Lawreence, Ted Miller from the Pacific Institute for Research and Evaluation and Jennifer Allision from Health Imperative in Brockton, MA that was recently published in the Official Research Journal of the International Brain Injury Association (IBIA) investigate leading consumer products and activities that can cause children and adolescents to suffer traumatic brain injury.

By analyzing data from from the National Electronic Injury Surveillance System from 2010 to 2013, the searchers found that home furnishings and fixtures as well as sports and recreation products were the products most commonly associated with accidents causing TBI. Beds, stairs, floors and footballs are among the most dangerous products for children and teenager.

Toddlers and older teens most at risk of a TBI

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Medical Malpractice Briefing BookThe Center for Justice and Democracy recently released the 2019 edition of their Medical Malpractice Briefing Book. This very popular publication was updated with the most recent studies, statistics and general healthcare information and comes with links to the original material.

In addition to the usual sections, this new edition contains several new sections, including: sexual assault by doctors; misdiagnoses (the most prevalent and costly type of medical error); childbirth errors; plastic surgery; resident “hand-offs;” physician stress and burnout; and the real cause of insurance spikes for doctors.

Among the many findings, here are some of the most interesting:

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The month of April was a bad month for the construction industry in New York: 3 hard hats died in NYC construction accidents and almost 100 were injured. 2 workers died in Manhattan and one in Brooklyn.

On April 8, 51-year-old Nelson Salinas was repairing the facade on a building located  at 311 E. 50th Street near Second Ave on the Upper East Side of Manhattan. He was standing on a suspended scaffold at the 7th floor of the 14 story building when a piece of coping stone that was under one of the C-Hooks fell onto him. Salinas was transported to the hospital where he died from his injuries.

Two days later a young worker fell to his death in Brooklyn. 23-year-old Erik Mendoza, a Mexican immigrant, was replacing bricks under the water tower of a 13 story building located on Pierrepont Street. Mendoza had just been hired to work for the building a week before the fatal accident occurred. He didn’t receive any site safety orientation for working on the penthouse roof, no guard-rail or fall protection were installed and the young man wasn’t provided with fall protection equipment. The owner of the building was issued a DOB violation and a Full Stop Work Order was issued.

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Since 2011 the number of construction workers who died in a fall accident increased by 45% according to the recent report “Trends of Fall Injuries and Prevention in the Construction Industry” released by the The Center for Construction Research and Training.

The report focuses mostly on data from 2011 to 2017 and found that despite a slow down in construction accident fatalities between 2016 and 2017, the number of deaths related to fall accidents continued to rise. 389 construction workers fell to their death in 2017 compared to 388 in 2016.

construction deaths and fall deaths 2003 to 2017
Among the 389 fall fatalities, 367 were to a lower level. Falls from roofs are the most common and account for approximately one third of the fall fatalities. Falls from ladders are the second most common causes of fall fatalities and account for approximately a quarter of them.  All in all falls from roofs, ladders and scaffolds account for more than 70% of all falls to a lower level.

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Personal Injury Attorney Ben RubinowitzOur Managing partner, NYC Personal Injury Attorney Ben Rubinowitz, will be speaking along with Mark Mandell and other attorneys at the Advanced Case Framing Seminar —Bringing the Book to Life: Case Examples, Breakthroughs and VerdictsAdvance Case that will take place in Philadelphia on September 6th and 7th at the Logan Hotel.

This program is based on attorney Mark Mandell’s highly anticipated book that will be released late next week, Advanced Case Framing (the registration fee includes a copy of Mark’s new book).  This excellent program is held by  the American Association for Justice.

Click here for more info or to register

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Construction Accident Lawyers Gair and DonadioOur NYC construction accident attorneys Anthony H. Gair and Christopher J. Donadio obtained a $4.9 million settlement for a construction worker injured in Brooklyn.

The case involved a worker who was injured while performing renovation work on a multi-family home. On the day of the incident, the worker was instructed by his foreman to remove aluminum siding from the multi-family home. In order to perform the work, the worker was required to stand on an eight foot makeshift scaffold that had been constructed with an A-frame ladder, a pump scaffold pole and a scaffold platform. The worker was unaware that the scaffold platform had not been properly secured. While the worker was performing his work on the scaffold, the unsecured scaffold platform slipped off of the pole that was supporting it, causing the worker to fall down to the ground eight feet below.

The worker was rushed to Lutheran Hospital where he was diagnosed with fractures to his spine and severe damage to his spinal cord. He was forced to undergo several surgeries as a result of his injuries.

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New York Burn injury lawyers Ben Rubinowitz and Richard SteigmanOur New York personal injury attorneys, Ben Rubinowitz and Richard Steigman obtained a record setting $59 million verdict for a former High School student who suffered catastrophic burns during a botched chemistry demonstration.

Alonzo Yanes was awarded $29,585,000 for past pain and suffering and $29,585,000 for future pain and suffering after a four week trial that spelled out the importance of keeping kids safe at school.

The negligent teacher brought a gallon container of methanol in the classroom

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cyclist-nyc-e15620847726003 people died in bicycle accidents in NYC during the last 7 days.

Last Monday Robyn Hightman, a bike courier, was fatally struck by a truck on 6th Ave near 25th Street. Both the truck and the cyclist were heading in the same direction when they collided. The truck driver first didn’t stop but then returned to the scene of the accident after a witness in another car told him he hit someone. the driver told the police he didn’t know he hit the cyclist. Police said the driver was let go after he was hit with five summonses. The driver, 54 year old Antonio Garcia said it was the first time he had an accident since he started to work for his employer 14 years ago. However a look at the Howsmydrivingnyc.com indicates that the truck was hit with 83 violations since 2015 mostly for parking but also for speeding. A vigil was organized for Robyn during which hundreds of cyclists gathered and expressed not only their sadness but also their anger at authorities that are doing very little to hold drivers accountable. Robyn was the 12th cyclist in New York City to be killed in traffic this year.

Last Thursday night  around 9:00 pm, 57 year old Ernest Askew was fatally struck by an 18 year old driver on Sutter Avenue near Chester in Brownsville, Brooklyn. The car driver wasn’t arrested. Brownsville which is a low income community of color doesn’t have any protected bike lanes and there are not many efforts being made in regards to street safety. Cyclists share wide roadways with cars and speeding is common. At a vigil for Ernest Askew yesterday evening activists asked the city to address the lack of equity in low-income communities of color when it comes to protected bike lanes and street safety.

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dangerous fake e-cigarette products are difficult to identifyDangerous vape products are flooding the US market warns New York Senator Chuck Schumer. These products are counterfeit vape pods that are compatible with the popular Juul e-cigarette devices. Juul e-cigarette devices can be bought everywhere in the US from drugstores to gas stations.  Juul says its products are helping adults to quit smoking cigarettes but at the same time the company is also heavily marketing its products to young people who never smoked before and become addicted to vaping.

HARD TO DIFFERENTIATE THE REAL FROM THE FAKE

Counterfeit Juul vape pods manufactured in China have been invading the US market.  Counterfeit are sometimes difficult to differentiate from real products  and  while the content of  the real Juul vape pods is regulated, the content of the counterfeit is obviously not and can contain higher amount of nicotine or dangerous chemicals. Therefore Juul users might be at risk of vaping toxic products without knowing it. Additionally Chinese counterfeiters are not only copying popular Juul flavors such as Mango but also creating flavor branded with names that are appealing to children such as  “juice box”, “candy cane” or “silky strawberry”. Such branding is illegal in the US.

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hacked150,000 potential victims of medical malpractice who clicked on Facebook ads created by xSocial Media and provided their personal medical records including intimate and personal descriptions of their injuries were exposed in a major data breach. The leaked data included not only the full name, address, email, phone number and IP address of the patient but also the circumstance of the injury and an explanation about the injury. Among the information unveiled by the breach were injuries suffered by veterans during combat, injuries by medical devices or by medication side-effects. Some of the data also contained insights about the employment situation of  medical patients that could ruin their career.

xSocial Media is a Facebook marketing agency that specializes in running ad campaigns for medical malpractice and other personal injury lawsuits to generate leads for their clients. When Facebook users click their adds, they are asked to fill a form to check if they qualify for legal assistance.  These forms generate leads for xSocial Media’s clients. The forms are stored in multiple databases operated by xSocial Media. These databases are not safe and were hacked. After the breach was discovered it took xSocial Media 9 days to act on it and fix the issue. A recent article in VPN Mentor demonstrates how easy a hacker could access this data. (The full VPN Mentor report on this leak can be found here)

Also in addition to leaking medical records, xSocial Media also leaked invoices records containing their own bank account info as well as their clients name, address and phone numbers.  The leak also shows the result of their clients campaigns and how much they paid for it.

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