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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Failure to diagnose breast cancer at an early stage or delay in treating breast cancer early can have deadly consequences. Early detection of the disease through regular screening such as mammogram is essential for every woman over 40 year old. According to Cancer.net, women who are diagnosed when the cancer is located only in the breast have an almost 100% chance to survive for at least 5 years. If the cancer is detected after it spread to the regional lymph nodes, the 5 year-survival rate is 85%. A woman diagnosed with breast cancer that spread to another part of her body has a 26% chance to survive more than 5 years.

Statistics also indicatewho is not getting mammogram that only 61% of breast cancers are diagnosed at an early stage. Unfortunately, despite campaigns such as the Breast Cancer Awareness Month that ended Yesterday,  too many women over 40 years old are still not getting regular mammogram.  29% of women who have health insurance and should be screened are still not doing it. Among women who do not have health insurance, as many as 68% of them are not getting mammograms. Not having an insurance is not an excuse for not getting regular mammograms. In every city, charitable organizations offer free screenings for women who can’t afford to pay for them. In New York our firm is sponsoring free mammography vans through the Judges and Lawyers Breast Cancer Alert.

FAILURE TO DIAGNOSE BREAST CANCER CAN BE MEDICAL MALPRACTICE

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92-20 Astoria Boulevard view from Goggle mapAn infant died in a car accident last week in Queens. 8 month old Navraj Raju was in a stroller pushed by his mother last Thursday morning when he was struck by a van. The mother and the infant were on the sidewalk when the driver of the van backed out of a driveway and hit the stroller. The van driver was unlicensed. The car accident occurred at 92-20 Astoria Boulevard.  The picture above shows the location of the accident. It is an area particularly difficult to navigate for pedestrians, especially families. Cars parked in front of the building between the deli and the gas station have to back out onto the sidewalk when leaving their parking space. They have reduced visibility when backing out. Additionally vehicular traffic is constantly crossing the sidewalk to access the gas station.

Astoria Boulevard was identified in 2015 as a Vision Zero priority. The segment of Astoria Boulevard between 80th street and 110th street was identified as a pedestrian crash corridor. It is among the top 10% most dangerous corridors for pedestrians in this particular neighborhood.  It is supposed to be re-engineered in the future to make it safer for pedestrians. The proposal from the Department of Transportation to make some specifically dangerous segments of Astoria Boulevard safer can be downloaded here.  However despite fixes being identified for Astoria Boulevard in 2015, not enough is being done by the de Blasio administration to quickly implement these changes. Transportation Alternatives organized a stroller protest to ask the Mayor to fulfill his promise to reduce traffic deaths.

Read more about the accident on Streetblog

 

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view of car accident location by Goggle mapA woman suffered critical personal injury in a car accident in New York on Sunday morning around 10:30. The 60 year old pedestrian was crossing East 38th Street at the Queens Midtown Tunnel entrance when the accident happened. She was hit by a black SUV and dragged by the car for a block before being dislodged. The SUV driver fled the scene of the accident. The woman was transported to the hospital in critical condition. The police are still looking for the driver.

Picture: accident location courtesy of Google Map

 

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A construction worker died after falling from a scaffolding in New York City. 31 year old Michael Buffamante was working on scaffolding at the Coney Island Wastewater Treatment Plant in Sheepsheadbay yesterday. He was installing dechlorination equipment.  A little after noon he fell from his scaffolding into a 35 foot-deep sewage tank filled with wastewater and chlorine.

FDNY divers ran to the rescue and found the young worker lying at the bottom of the tank. They brought him to the surface. The worker was in cardiac arrest after having been in the water approximately 8 minutes . The paramedic gave him CPR and transported him to the hospital in critical condition. Buffamante died at the hospital. The worker was employed by Welkin Mechanical, a construction company based in Queens. According to the Department of Environmental Protection (DEP), the worker was wearing protective equipment.The DEP did not specify what type of protective eqipment. Further investigation will be necessary to determine the exact cause of the accident.

Read more in the NY Daily News

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Kingsbrook Jewish Medical CenterA patient died at a NYC hospital ward after the hospital failed in its duty to protect him. A 77 year old patient at the Kingsbrook Jewish Medical Center in East Flatbush, Brooklyn, was attacked last week by 65 year old Larry Hammond, another patient. The man was beaten in the head and suffered critical injury. He died five days later from his injuries. The hospital only contacted the police one day after the attack. Read more in the NY Daily News

New York hospitals are responsible for the health and the well being of their patients. They are licensed and regulated by Federal and State law and have to follow strict policies and procedures.  If a hospital fails to protect a patient, the hospital can be liable for the injury or the death of the patient. Read more about it on our Hospital Negligence page.

 

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Johnson and Johnson talcA jury found that Johnson & Johnson engaged in “negligent conduct” in making and marketing its talc products. In a trial that started a month ago, a St Louis jury found that Johnson & Johnson talc products have caused or contributed to the stage IV ovarian cancer of Deborah Giannecchini.

The 63 year old woman was awarded $67.5 million for punitive damages and $2.575 million in compensatory damages. $2 million of the punitive damages will come from Johnson & Johnson talc supplier, Imerys. This is the first time that the the talc supplier has also been held liable for damages. In two previous similar product liability lawsuits filled in St. Louis, Johnson and Johnson lost $ 55 million and $72 million and was the only company held accountable for damages. Approximately 2,000 similar cases have been filed against Johnson and Johnson with approximately half of them filled in St. Louis.

In New Jersey, two product liability cases against the talc manufacturer were rejected by a judge who decided that there was no reliable evidence that talc powder was linked to ovarian cancer.

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fatal NYC fire accidentOne person died and 13 others were injured in a  fire accident in New York. Around 3:30 am yesterday morning a fire broke out in a residential building located on E. 93rd Street between 1st Ave and 2nd Ave. The building was a five-story building with 10 apartments. 250 firefighters were called to the rescue to battle the 6-alarm blaze. Most residents were able to get out using the fire escape. A resident living on the third floor wasn’t able to make it and died in the blaze. 3 other residents were injured as well as 8 firefighters. An elderly resident was saved by a courageous firefighter who used a dangerous technique known as roof-rope rescue.  Jim Lee was lowered on a rope off the roof of the building to save an elderly resident who was screaming for help from his third floor window. The courageous firefighter grabbed the man from his window and pulled him down to safety before the rope burned through. Residents said fire alarms woke them up in the middle of the night. They smelled smoke and quickly realized they had to evacuate the building. The fire erupted on one of the top floors of the building. Further investigation will be necessary to determine what caused the blaze.

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Almost 200 people died in car accidents on Queens Boulevard in NYC over the last 15 years. Queens Boulevard is also commonly nicknamed by New York City residents “the boulevard of deaths”. As part of the Vision Zero initiative some parts of this very long corridor are due to be redesigned by the New York City DOT. Another part of Queens Boulevard located in the Biarwoood and Kew Gardens area is also being redesigned as part of  the Kew Gardens Interchange Projects undertaken by the New York State Department of Transportation. According to DNA info, 3 pedestrian plazas are being built along Queens Boulevard as part of the project. The enormous project that started in 2010 is supposed to improve pedestrian and motor vehicle mobility on Queens Boulevard. Constructions over the last 6 years greatly inconvenienced he residents. Local community groups such as the Briarwood Action Network hope that the project that will be finished by next spring will finally benefit the community.

According to the Vision Zero map below, since the beginning of the year 13 people were injured in car accidents in the area that is being redesigned by the New York Sate DOT.

car accident injuries on Queens Boulevard NYC

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Bicycles are a common means of transportation, recreation and exercise throughout New York. Bicycles offer very little in terms of protection from the hazards confronting a bicyclist on the roadways of New York. This can, and often does, lead to severe and catastrophic injuries to bicyclists when an accident occurs. Unfortunately, a large percentage of persons injured in bicycle accidents are children. To read more on how we can assist you click here.

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Compartment Syndrome occurs when the pressure within a closed anatomic space (a compartment) becomes so elevated that capillary perfusion is compromised. Any closed anatomic space including the abdominal cavity is at risk of developing a compartment syndrome. Abdominal compartment syndrome is a clinical disease spectrum that results from increased intra-abdominal pressure (IAP) due to tissue edema or free fluid collecting in the abdominal cavity. Click above to read more.

Abdomen Anatomy

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