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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Colgate Total potentially dangerousTriclosan and triclocarban are two potentially dangerous antimicrobial ingredients that can be found in many consumer products. These two ingredients as well as 17 other antimicrobial ingredients were banned by the U.S. Food and Drug Administration (FDA) last September in “antiseptic wash products that are intended for use with water and are rinsed off after use, including hand washes and body washes”. However the scope of  the FDA final rule was too narrow and many consumer products such as Colgate’s Total toothpaste still contain these dangerous ingredients.

According to “The Florence Statement on Triclosan and Triclocarban”, a recent scientific statement published by the journal “Environmental Health Perspectives”, the usage of these two chemicals  is still widespread. Because they are mostly used in wash products, they end up in the sink with the water and have negative repercussions on the environment.  They have been detected in aquatic plants and animals as well as in human blood and breast milk. It is present in the urine of most humans. Previous studies have  linked Triclosan and Triclocvarban to developmental problems in animals. They may potentially affect pregnant womenand harm human fetuses and newborns.

In the “The Florence Statement on Triclosan and Triclocarban” the scientific community, health professionals from all around the world and various US  universities and medical institutions are urging manufacturers around the world to limit or to stop using these ingredients in their products. They also ask that regulatory authorities such as the FDA re-evaluate the safety of these chemicals and to make sure that products that still contain them are banned or at least clearly labelled.

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An 88-year-old woman died and her husband were critically injured in a fire that erupted in their apartment in Harlem.  Firefighters rushed to a fire alert at their apartment located at 70 LaSalle Street near Amsterdam Avenue in Morningside Heights, NYC. They found the couple inside and rushed them to the hospital. Unfortunately the wife didn’t survive. The husband is still in critical condition. The couple’s apartment was located at the 15th floor of the building. The cause of the fire is still being investigated. Read more in the NY Daily News

In New York City, seniors have a higher risk of dying in home fires than the rest of the population. According to statistics from the New York City Fire Department , smoking is the leading cause of fire deaths in the homes of adults who are 65-years-old and older. Heating equipment is the second cause of  fatal fires at seniors apartments followed by cooking equipment and electrical.

Leading Causes of fire Death for elderly in NYC
Elderly people who are smoking have a much higher risk to be the victim of a residential fire than those who are not smoking. The FDNY recommends elderly people who are smoking:

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A construction worker died in a scaffolding accident in New York City last Sunday. The 58-year-old hard hat was working on a construction site located at 1382 Nostrand Avenue in East Flatbush, Brooklyn, NYC. The man was found on the ground by a paramedic team. He was transported to the hospital in critical condition. He didn’t survive his injuries and was pronounced dead shortly after his arrival at the hospital. A preliminary investigation by the Occupational Safety and Health Administration (OSHA) indicates that a part of the scaffolding went vertical causing the worker to fall.

The site was immediately issued a stop work order by the NYC Department of Buildings. The building and the ex building owner have a long history of violations, neglect and non compliance. This building as well as another one next door located at 241 Linden Blvd were sold to an LLC associated with investor Steven Vegh for $3.7 million in December 2016. They previously belonged to Lewis Alleyne and other associates. Lewis Alleyne is a Brooklyn slumlord who miraculously escaped jail in 2011 after failing to fix more than 500 building violations and ignoring fines. Together this building and the other building located at 241 Linden Blvd have lost all but 3 of their rent stabilized apartments between 2007 and 2014.

The building where the construction worker fell has several open violations some of them immediately hazardous such as defective stairs and windows and exposed lead paint. Also it wasn’t exactly clear what type of work the man was doing on Sunday. Despite all the violations the owners were able to get a permit for a sidewalk shed.

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A pedestrian was fatally struck by a tractor-trailer truck early this morning in New York City. The pedestrian who is believed to be in his twenties was crossing Flatlands Avenue near East 79th Street around 4:00 am this morning when he was hit by a car carrier trailer. The driver stayed at the scene of the accident. The pedestrian who suffered multiple body trauma was transported to the hospital where he was declared dead (Read more in the NY Daily News). 

During the week-end in Queens, two young men were killed in a car accident related to speeding. 22 year old Blake Garry had just received a car from his dad a few months ago and was driving with two of his friends in a residential block in Hollis Queens.  He was speeding and lost control of his vehicle. He hit a tree and a fire hydrant so violently that the front of the car flew 50 feet away and landed on the lawn of a house across the street. The driver was ejected from the car. He died at the scene of the accident. The back seat passenger, 21 year old James Montague was rushed to the hospital where he died shortly after his arrival. The front seat passenger, Christian Baptiste, miraculously, only suffered a few scratches to his face and refused medical attention. (Read more in the NY Daily News)

Also in Queens, at the beginning of Friday evening, a collision between two cars sent seven people including 4 children to the hospital.  The accident occurred around 5pm in Flushing, Queens. A BMW heading South on 162nd Street collided with a Nissan that was crossing on 32nd Ave. According to the NY Daily News, the BMW may have run the stop sign. As a result a 2 month old boy was transported to the hospital in critical condition. 2 other children were seriously injured and 3 adults suffered minor injuries.

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Mamoukakis was a bicyclist fatally struck by a bus in NYC A few days after Citi Bike rider Dan Hanegby was fatally struck by a bus, another cyclist died after being hit by a charter bus just a few blocks away. 80 year old Michael Mamoukakis was riding his bicycle on 7th Ave near 29th Street when he was hit by a charter bus who was making a right turn on 29th Street. The accident occurred Saturday around 1:30 pm.  The bus driver stayed at the scene of the accident. The bus driver told the Post that she didn’t see the bicyclist. She heard a a dull heavy sound and immediately after people in the street started to scream to stop the bus, which she did. The bus is registered to Buckeye Limousine and Charters Corporation of Ohio. Witnesses said they saw the bus driving over the man. He screamed and then became unconscious. He was transported to the hospital where he was pronounced dead. New York City Council Member Corey Johnson expressed his anger in a statement and asked for an emergency meeting of the NYC DOT, the NYPD, Members of the government, the Community Board 4 and representatives of the charter buses operating in Chelsea.

Read more in the New York Times,
Picture: Facebook

 

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medical malpracticeIn 2003 Florida lawmakers decided to limit non economic damages for negligence of practitioners to $500,000 or $1 million “if the negligence resulted in a permanent vegetative state or death”.  At the time lawmakers said the cap would stop the medical malpractice insurance crisis and prevent doctors from leaving Florida. However there is no evidence of crisis Today and the Supreme Court of Florida recently ruled that this cap was unconstitutional.

The ruling arose from the case of  a victim of medical malpractice who saw the initial amount awarded by a jury substantially reduced by a judge based on this cap. Susan Kalitan had her esophagus perforated during an outpatient surgery for carpal tunnel syndrome. She spent 3 months in the intensive care unit including six weeks in a medically induced coma. She sued the North Broward Hospital District  and other people involved in her care at the public district. She was initially awarded $4.7 million  by the jury for pain and suffering. This amount was reduced to $1 million by Broward Circuit Judge Jack Tuter based on the cap described above.  After the cap was found unconstitutional by the Fourth District Court of Appeals, the hospital appealed the decision. In a 30-page opinion the Supreme Court confirmed that the cap was unconstitutional.

Read more in Daily Business Review

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Dan Hanegby died in a NYC bicycle accicdentA bicyclists died after colliding with a bus in New York Monday morning. 36 year old Dan Hanegby, a financial executive at Credit Suisse was riding a Citi Bike on West 26th Street between 7th and 8th Avenues. He was riding between the parked cars and a charter bus when the collision occurred. The man fell to the ground and was run over by the rear wheels of the bus.

The accident happened around 8:15 am on Monday. Hanegby was wearing a suit and was most probably on his way to work. The young man was transported to the hospital in critical condition. He died shortly after his arrival to the hospital.  The bus driver stayed at the scene of the accident. He wasn’t charged.

Hanegby grew up in Israel and served in the Israel Defense force. He was also an avid tennis player according to his social media profile.

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accident sceneA man was seriously injured in a motorcycle accident in New York City.  The motorcyclist was riding his bike South on Lefferts Boulevard near 115th Ave in Queens, NYC, Saturday around 1:00 pm when a Dodge Ram pick up truck slammed into him. The driver of the pick up truck was driving North and swerved to avoid hitting a car. The police also suspect that the motorcyclist may have been driving over the speed limit. Investigation is still ongoing. The collision was so violent that a witness who was driving several cars behind them said he saw the motorcyclist flying high into the air. The 27-year-old rider suffered trauma all over his body as well as a broken leg. Read more in the NY Daily News

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A NYC pedestrian died in a car accident Monday night. 28-year-old Gabriel Garcia was crossing E. 138th Street near Walton Ave in Mott Haven, Bronx, NYC when he was struck by a dark colored sedan with TLC plates. A Toyota Camry struck him right after. According to witnesses both drivers got out of their cars as the pedestrian was lying with his face down on the ground bleeding.  The two drivers then left the scene of the accident. The Toyota driver came back shortly after to talk to the police. The black sedan driver disappeared in the night. The pedestrian was rushed to the hospital but he couldn’t be saved. The police are still looking for the driver of the TLC car.

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A woman died from burn injuries in her New York apartment. The 34-year-old woman was cooking in her kitchen yesterday afternoon around 3:00 pm when  her clothes caught fire.  According to the police she first ran around the apartment and then went to the bathroom where she died.  Her chest was covered with burns.  Cooking fires are unfortunately among the most common residential fires. The majority of kitchen fires occurred when the equipment is left unattended. It is not very common that person’s clothing catch fire while cooking. According to statistics from the National Fire Protection Association in less than 1% of the cooking fires, clothing items were the ones ignited first. However these types of fires are some of the deadliest and account for 18% of  deaths related to kitchen fires.

Fire statistics from NFPA

 

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