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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OxyContinWhen Purdue Pharma launched OxyContin in 1995, the Food and Drug Administration permitted the company to make a unique claim for it: that its long acting formula would reduce its appeal to drug abusers who preferred short-acting opiates such as Percocet and Vicodin.

The exact opposite occurred and OxyContin became the most expensive and the most sought after drug on the black market. The New York Times obtained a copy of a confidential report from the Justice Department that indicates that shortly after the new drug was launched company officials were aware that the drug was being crushed, snorted, stolen from pharmacies and that doctors were being criminally charged for selling it to drug abusers.

A four year investigation found that despite being fully aware that OxyContin was one of the most abused drugs, the drug company failed to warn about its dangers, lied and continued to promote it as a drug less prone to abuse than any other prescription opioids. In 2006 the prosecutors recommended that 3 Purdue Pharma executives be indicted on felony charges. One of the charges was conspiracy to defraud the United States. That meant jail time for the 3 executives.  At the time, Georges Bush was the president and Justice Department officials declined the recommendation. Instead, the case was settled in 2007.

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A cyclist died after he was doored by a car in Queens, NYC, and ended up under the wheels of a truck. The accident occurred yesterday afternoon in Long Island City. The 45 year old man was riding his bike North on 21st Street near 46th Avenue when the passenger of a car parked in the street suddenly opened his door and hit him. The impact sent the cyclist flying  in the middle of the street in front of a box truck. The  truck driver didn’t have the time to stop and ran over him. The man was transported to the hospital in serious condition. He later died from his injuries The car driver and the truck driver stayed at the scene of the accident. The truck driver was taken into custody after the police found that he didn’t have a valid license.

Read more on the CBS New York website

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accident sceneSadly NYC motorcycle accidents are always increasing when the warm days come back in the city.  Over the last few days two people died in two separate motorcycle accidents in New York City.

Last Saturday night a motorcyclist was killed after he collided with a minivan in Queens. The accident occurred a little bit after 10:14 pm at the intersection of 221st Street and 113th Drive in Cambria Heights. The motorcyclist who was travelling west on 113th Drive crashed into the passenger door of a minivan travelling North on 221st Street. The motorcyclist was taken to the hospital in critical condition. He later died from his injuries. The 55 year old van driver stayed at the scene of the accident. He suffered minor injury. (Read more in Pix11)

Another motorcyclist died in Brooklyn. 27 year old Luimy Acosta-Collado was riding a dirt bike on Hancock Street in Bushwick on Monday night around 10:50 pm when he struck a car that was doubled parked. He landed on his back and was pinned under a SUV. The bike continued on its way without its driver and crashed into another car. Luimy just lived a half block away. Right after the accident occurred, neighbors as well as his wife ran in the street to try to help him. His wife was frantic and crying. She was saying “please don’t let my husband died”.  The man was rushed to the hospital but he didn’t survive. The driver of the SUV, a 24 year old woman stayed at the scene of the accident. She wasn’t hurt.  As the police arrived to investigate the accident they were unable to find the dirt bike. It was apparently stolen shortly after the accident occurred. The dirt bike that Luimy was riding didn’t belong to him. Dirt bikes are illegal in New York City and neighbors believe that the owner of the bike took it back before it got confiscated. (Read more in the NY Daily News)

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7th-waverly-perryThe installation of protected bike lanes all over New York City not only protect bicyclists from dangerous accidents but also drivers and pedestrians alike. According to DOT statistics, streets with bike lanes have 40 percent fewer crashes ending in death or serious injury. A study realized after the Ninth Avenue protected bike lane was installed showed that all injuries related to traffic accidents decreased by 50%. Pedestrian injuries decreased by 29% and cyclist injuries by 57%.

Better protection for cyclists and pedestrians

Last week the DOT announced that the many cyclists using Seventh Ave to ride South in Manhattan will now be able to use a protected bike lane from 30th Street to Clarkson Street. Half of the protected bike lane, from 30th Street to 14th Street was installed at the end of last year. The DOT finished installing the other part from 14th Street to Clarkson Street last week. The DOT still needs to paint the lane in green. The DOT is also planning to install five concrete pedestrian islands along the way as well as additional safety improvements for pedestrians.

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Crane in New YorkCrane accidents can have dramatic consequences and one way to prevent such accidents is to make sure crane operators are proprely trained and certified.  So far, operators of cranes and derricks have been receiving different levels of certification based on the rated operating capacity (ROC) of the machine they are operating. However  after multiple complaints from the construction industry  that the ROC was not a suitable indicator of a crane operator skills and experience, OSHA just released a new rule that removes the ROC-based certification requirements but instead put the responsibility of making sure that the crane operator is qualified in the hands of the employer. The proposed rule change “requires that every employer evaluate an employee first as an operator-in-training before permitting him or her to operate equipment without oversight.”

With this new rule, every newly hired crane operator would have to be proprely evaluated by his new employer before he is allowed to operate the crane. Therefore on their first days of work with a new employer, crane operators would be considered trainees and would be tested on their competency and skills.

Among others employers will have to make sure  newly hired crane operators know how to inspect the equipment, how to rig and to level the crane . Employers will have to test crane operators  on their judgement about wind speed and  other environmental factors.  They also will have to make sure that new crane operators know how to hoist loads of irregular size and weight, that they are familiar with personnel hoisting, that they can perform multiple crane lifts and that they are able to hoist blind picks. Additionally employers will have to test operators on their capacity of operating the crane in special conditions such as  tight space, near power lines or from a barge.

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accident sceneA 20 year old woman was killed in a hit and run car accident last Thursday  in Queens. The driver who hit her and tried to run away was arrested by the police. 19 year old Alfaheed Odesanya was driving North on  Guy R. Brewer Boulevard when he blew a red light at the intersection of Archer Ave. He struck another car driven by a young woman. After he struck the car Odesanya and a passenger abandoned the scene of the accident and tried to run away on foot. He was quickly caught by the police and charged with leaving the scene of a serious crash. The young woman was transported to the hospital in critical conditions. She later died from her injuries

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ocation of the fatal bus accidentA 7 year old boy on a scooter was fatally struck by a bus in New York City.

The accident occurred Saturday afternoon in the Bronx. 7 year old Shevon Bethea was riding his scooter when a MTA bus  driving south on Webster Ave hit him near the 184th Street intersection. Shevo who lived in Brownsville, Brooklyn, was visiting his dad in Fordham Heights, Bronx. According to his mother, Shevon was a straight A’s Student with a loving and caring personality. “He was always happy” she said.

Shevon’s brother, 10 year old DiShawn , witnessed the accident and he is completely traumatized. According to him, the bus driver ran a red light and dragged the young boy for a block.

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Bud FrazierBud Frazier is a surgeon who is recognized worldwide for his role in the development of mechanical heart pumps and  artificial hearts. Devices that are credited Today with extending the lives of thousands of people worldwide each year were tested at Baylor St. Luke’s Medical Center and its research partner, the Texas Heart Institute. However the doctor and his research team committed serious medical malpractice to develop the devices. According to a new investigation released by ProPublica, the surgeon is accused of violating federal research rules and ethical guidelines.

Highly unethical research leading to preventable deaths

Frazier is accused of implementing experimental heart pumps in patients who didn’t meet the criteria to be included in clinical trials.  Also, Frazier used his experimental pumps on patients who could have been treated with more proven  treatments. The surgeon tried to discourage the publication of research that showed that the first group of patients that were implanted with his device suffered from a high rate of strokes. Frazier never disclosed consulting fees and research grants that he received from the companies that made the pumps that he tested. According to the testimony of a nurse, Frazier also allowed an unlicensed researcher to treat heart failures.

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A motorcyclist was injured in a road rage accident on Wednesday morning on the west side of Manhattan, New York City. The motorcyclist and the driver got into a verbal argument. After that the enraged driver intentionally struck the motorcyclist with his SUV. The bike ended up mangled under the SUV and the motorcyclist was brought to the hospital to be treated for his injuries. He is expected to survive. The driver was arrested. The accident occurred on 57th street and 11th Ave.

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34 people suffered personal injury in an accidents involving two buses. The accident occurred in the center tube of the Lincoln tunnel that links New Jersey to Manhattan.  The two NJ Transit bus who were coming from Wayne and from Oradell were following each others when one of them rear ended the other one. 25 passengers were on board one of  the buses and 37 were riding in the other bus.  32 of them were injured. 8 of them suffered serious injury. Instead of ambulances, FDNY used a special bus that allowed them to transport dozens of injured passengers to the hospital at the same time.

The police are still investigating the exact cause of the accident.

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