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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New York Personal Injury Lawyer Ben RubinowitzAfter last year’s success, Co-Chairs NYC Personal Injury Lawyers Ben B. Rubinowitz and Jeff S. Korek as well as Hon. Douglas E. McKeon are back with “25 Trial Issues that keep you up in the middle of the night”. This year’s seminar is an informal panel discussion where audience participation is encouraged. Over two evenings, come hear from an elite panel of Trial Attorneys to discuss those items that trial attorneys face during a trial that require fast and strategic thinking. The panel and audience will deal with a large array of perplexing trial topics. Do you have a question? Now is the time to ask.

The first part of this seminar organized by the New York State Trial Lawyer Association already took place on March 28 and the second part will take place on April 4th.

For more information and a list of the key issues addressed during the seminar click here

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NYSTLA will hold a meeting of the Medical Malpractice Committee on April 19th at 6:00 p.m. and should last until 7:30 p.m. The meeting will be held at NYSTLA Headquarters at 132 Nassau Street Suite 200.

Red Alert!

As you probably know by now, federal legislation has been introduced in the U.S. House of Representatives. H.R. 1215 would impose severe restrictions on medical malpractice actions and actions against nursing homes throughout the country including a $250,000 cap on awards for non-economic damages as well as other toxic limitations. The bill has already passed committees in the House. It was scheduled to be brought to the House floor on March 29th, 2017, but that has been delayed. It is anticipated, however, that it will still be brought to the floor, and that it has a good chance of passing.

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defective Tic Tac Toe GameA defective child product was recalled Today by Target. If you recently bought the Magnetic Tic Tac Toe Game you should be aware that this game set is defective and extremely dangerous for your children. The magnets can detach from the game pieces and pose a chocking hazard. Additionally if a child swallows more that one magnet, the magnet can attach together and create serious injuries such as intestinal obstructions, perforations, sepsis and death.

If you owned this game (see picture)  stop using it immediately and contact Target for a refund.

Read more on the CPSC website

 

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An 87 year old pedestrian who was hit by a SUV in New York a few weeks ago died from his injuries yesterday according to the police. The man was crossing Grand Street in the Lower East Side around 6:40 pm on March 7th when he was hit by a SUV.  The pedestrian was first hit by the front bumper. He then slammed into the windshield and collapsed. He was rushed to the hospital where he died from his injuries 20 days later. Read more in the NY Daily News 

During the winter months when the sun goes down around 4:30 pm in New York, statistics show an increase of 40%  in pedestrian fatalities. Pedestrians killed are mostly seniors. In an effort to reduce these fatalities, Vision Zero launched the Dusk and Darkness Safety initiative last November.  Over the 3-month period of November 2016, December 2016 and January 2017, 39 pedestrians died in car accidents, compared to 46 for the same period a year earlier, 28 for the same period two years earlier and 54 for the same period three years earlier just before the launch of Vision Zero.

If we compare the recent numbers to a year before, statistics show a decline. However if we compare the same numbers to two years before, the number of fatalities increased despite the Dusk & Darkness Safety Initiative. Too many elderly pedestrians are still dying in traffic accidents and more needs to be done to protect them.

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NYPD logoGiovanni Nin died in a bicycle accident in NYC last June in the Bronx, NYC. The driver who hit him fled the scene of the accident. 11 months later the police arrested him. On June 11 2016, Giovanni was heading for a nap at his girlfriend’s between two shifts at Fedex.  It was around midnight. As he was riding his bike on East Tremont Avenue he was hit by a BMW SUV. The driver left him dying on the street. The police identified the car but the car owner, 44 year old Victor Pelaez declared his car stolen. He told the police he wasn’t behind the wheel during the accident. However cell phone records showed that Pelaez was near the scene of the accident when it occurred. Pelaez was also seen by an NYPD detective driving the supposedly stolen car on August 10. He was arrested last week and charged with leaving the scene of an accident resulting in death. Read more in the Gothamist

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accident scene1 person died and two people were injured in a truck accident in New York early Monday morning.  Around 2:20 am, 23 year old Sandhu Simranjeet Singh from Durham, NC was driving a tractor-trailer, heading west on the Cross Bronx Expressway. As he was near the George Washington Bridge he lost control of his truck and slammed into a car. He then fled the scene of the accident leaving behind him 3 critically injured people. The reckless drunk truck driver was later caught by the police near the Vince Lombardi Rest Stop. He was arrested and charged with drunk driving.  The 3 occupants of the car had to be pulled out of the mangled vehicle by the emergency responders. They were transported to the hospital. The driver, 25 year old Caeser Contreras, didn’t make it and was pronounced dead at the hospital. The two other passengers who were 28 and 39 years old were in critical condition.

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A pedestrian was hit by a SUV last night on the Upper East Side of Manhattan. The accident occurred around 9:10 p.m.  A 37 year old woman was crossing the intersection of E. 86th Street and York Ave. According to the police, she was 10 feet away from the crosswalk when a SUV hit her.  The pedestrian suffered leg and head trauma. A witness reported that she was bleeding extensively. She was transported to the hospital in critical condition but she is expected to survive.  The driver, a 56 year old man stayed at the scene of the accident. Read more in the NY Daily News. 

The winter months are usually the most dangerous months for pedestrians. Since last October more than 1,000 pedestrians were injured every month in motor vehicle accidents in New York City. According to the most recent statistics released by the NYPD, the number of pedestrians injured in car accidents in NYC last January was 1,083. This is the highest number of pedestrian injuries for a month of January since Vision Zero started in 2014. Before Vision Zero started, there were 1,107 pedestrians injured in January 2013.

Pedestrians injured in a vehicle accident in NYC by month with trendline and 3-month moving average

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There were less auto accidents in New York City in January 2017 (17,126) than in January 2016 (17,798) but more than in 2014 (15,977) and 2015 (16,597).  Over the years we can observe in the graph below that there are usually less crashes in NYC in January and in February.  These are the months where  traffic accidents are at their lowest of the year in the city. It is a seasonal phenomenon. After the  busy “holiday” months of November and December, January and February are usually slower and colder most probably resulting in less traffic in the city. However, despite the drop in last January, the total number of traffic accidents in the city is still on a rising trend. (click on graph to see full size).

Traffic Accidents in NYC by Month with Trendline
4,383 people were injured in NYC traffic accidents last January compared to 3,624 in January 2016 and respectively 3,449, 3,899 and 3,993 in January, 2015, 2014 and 2013. As mentioned before, the seasonal factor explains the drop of  auto accident injuries in January and February. However despite being much lower than in December, it is the first time that the number of people injured in NYC motor vehicle accidents in January is above 4,000.

Traffic Accident Injuries in NYC by Month with Trendline
The number of injuries are on the rise among all road users category.  There were 21% more drivers, 22 % more passengers, 9% more cyclists and 20% more pedestrians injured    in January 2017 than in January 2016.

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New York Personal Injury Attorneys Rubinowitz and TorganIn their latest Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write about the dangers of Social Media, how attorneys are obliged to protect their clients, and that all attorneys must make clear to their clients that once posted the information is forever. The failure to conduct a proper social media check could easily result in a loss. Conducting an appropriate search of all social media platforms has now become mandatory.

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Patient wristbandPatient identification error may be medical malpractice that can result in serious injury and sometimes death of a patient. This type of medical error can happen at any step of a medical process from lab testing to medication administration and even billing.

A special report published by the ECRI Institute reviewed 160 recent scientific searches and publications written on this type of medical malpractice to provide a snapshot of the status of this prevalent occurrence.

The report found patient  identification errors at each of the following clinical contexts:

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