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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spray foam insulation can be dangerous for construction workersConstruction workers using spray-foam insulation are exposed to chemicals that can lead to asthma and skin conditions if they don’t use adequate protection. Spray foam insulation is one of the most popular choices for home owners to save energy, however some of the chemicals used to make the foam are detrimental to human health.

Spray polyurethane foam contains isocyanates and flame retardant TCPP than can cause severe breathing and skin problems. In a recent webinar from the Center for Construction Research and Training (CPWR)  Dhimiter Bello, ScD, MSc; Associate Professor, University of Massachusetts Lowell explained the results of recent studies and summarized the risks of exposure to dangerous chemicals in spray foam insulation associated with current work practices.

Overall airborne exposure to spray foam insulation are usually below OSHA recommended levels but some risks are still unknowns and under evaluation (see blog from Center for Disease Control and Prevention).  The risk of dermal exposure is elevated for both exposure to isocyanates and TCPP and is a major concern when using SPF applications. Nitrile gloves as well as breathable coveralls such as Tyvek or PP provide construction workers with significant protection when used during spray-foam insulation applications. It is important that Nitrile gloves be at least 5 mil. thick to provide a better resistance to wear and tear.

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640px-Penn_Station_NYC_main_entranceThis morning a train derailed in New York City causing morning commute delays. This accident occurred early this morning at Penn Station as thousands were on their way to work.  Thankfully nobody was injured as there were no passengers on the train. The conductor and the motorman were the only ones on board. They didn’t sustain any injury. The train was a New Jersey Transit Train. It had just pulled up from the Yard when the accident occurred.  The train cars blocked several tracks before being lifted back to their track causing delays. Since the month of May 4 trains derailed in Penn Station. Penn Station is considered the busiest train hub in America. This summer the tracks are undergoing a massive 8 week project to replace aging tracks and signals. Commuters nicknamed the project “summer of hell” but most of them are tolerated as long as the project continues. This morning there was also a small fire in a train tunnel between Queens and Grand Central Station that forced commuters to find alternate ways to get to work.

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Bob Simon died in a car accidentOur New York Personal Injury Law Firm is pleased to announce that our partner Howard Hershenhorn succeeded in resolving the Bob Simon wrongful death case on behalf of his widow Francoise Anne-Marie Simon against the defendant Skyline Credit Ride Limousine. The amount is confidential. The CBS “60 minutes” correspondent died in a car accident in February, 2015 after his limo driver lost control of his vehicle on the West Side Highway. Howard  told the New York Post: “The family is relieved that this portion of the case is behind them”.

On February 11 2015 around 7 pm, Bob Simon was on his way to a conference downtown. He was riding a Skyline Credit Ride Limousine  driven by Reshad Abdul Fedahi, a 44-year-old limo driver. Fedahi was speeding down the West Side Highway when he side-swiped a Mercedes-Benz, lost control of his car and hit a metal post. The impact was so strong that the car was completely destroyed. Rescuers pried open the roof to extract the occupants. Simon was found unresponsive with head and stomach injuries. He was rushed to the hospital.

Prior to the fatal accident, Skyline Credit Ride Limousine fired Fedahi after several client complaints but re-hired him after a management change in October, 2014.  At the time he had two moving violations on his regular drivers license: one for speeding and one for “disobeying a traffic device. He  he also had his license suspended 9 times in the past. Additionally Fedahi lost the use of his left arm after a previous suicide attempt during which he jumped from a building in Brooklyn. The company shouldn’t have re-hired him.

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accident sceneA limo driver died after his car hit a tow truck on a Bronx Highway.  His passenger miraculously only suffered minor injuries. 45-year-old Leonel Paulino was driving west on the Cross Bronx Expressway. He was speeding and slammed into an idle tow truck which was helping another motorist.  He suffered massive head trauma and died at the scene of the accident. Amber Normington from Yonkers was seated in the back seat when the accident occurred. Miraculously, she only suffered minor injuries. The driver of the tow truck as well as the motorist who was being helped were also fine.

Read more in the NY Daily News

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JohnsonAn ovarian cancer patient who had been using Johnson & Johnson talc for genital hygiene since she was 11 year old was awarded a $417 million verdict against Johnson & Johnson by a Los Angeles California Jury. This verdict is the highest of five previous product liability cases against Johnson & Johnson that were all tried in St. Louis, Missouri. It is also the third-largest jury award in the U.S. so far in 2017.

After a four-week trial, the jury awarded 62 year old Eva Echeverria $70 million in compensatory damages and $347 million in punitive damages against Johnson and Johnson for failing to warn consumers that genital use of talc powders could raise the risk of ovarian cancer. Echeverria was diagnosed with ovarian cancer in 2007. According to the lawsuit she used Johnson and Johnson talc for her personal hygiene many thousands of time over 40 years. She stopped using the talc in 2016 after watching a TV report that linked talc powder to ovarian cancer. Unfortunately it was too late for Echeverria who was diagnosed with ovarian cancer a year later.  The cancer has now spread to different parts of her body despite 100 rounds of chemotherapy and several experimental treatments with painful side effects. Echeverria has a daughter and a grandson.

Despite having lost most talc powder cases, Johnson and Johnson is still denying their talc powder is unsafe. After the verdict, Carol Goodrich, Johnson & Johnson spokeswoman said “Ovarian cancer is a devastating diagnosis and we deeply sympathize with the women and families impacted by this disease. We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder”.

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crash location3 people were injured in a car accident in New York early this morning. Around 1 AM this morning, a black sedan and a grey SUV  were driving South on Park Avenue.  They collided in front of a construction site on 85th street that occupied the right lane of Park Avenue. Speed may have been a factor. The collision was extremely violent and both cars were mangled. The driver of the SUV is in critical condition while the other driver and passenger of the sedan were also  seriously injured. The police are still investigating the exact cause of the accident.

The accident occurred on Park Ave South at the 85th Street intersection where the road is partially obstructed by the scaffolding of a construction site. According to CBS  News New York, it is the second accident that occurred near the construction site. Last month a construction worker was hit by a car at the same location.

picture of the crash location:courtesy of Google

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An NYPD officer was injured after being dragged by a car 200 feet. The accident occurred in Queens, NYC, Saturday around 2:00 am. The driver of a Honda blew a red light at the intersection of Guy Brewer and N. Conduit Boulevards in Jamaica. A police officer then approached the car and asked the driver to turn off his car. Instead, the driver, who according to the officer, was in his twenties, sped off, dragging the officer with him over 200 feet. The officer had his arm stuck in the seat belt. He was able to get off and fell away from the car. The car was found abandoned a few blocks away. The police are still looking for the driver. Read more in the NY Daily News

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A man suffered severe injury in a bicycle accident in New York City last Thursday. The police are still looking for the driver who hit him but fled.

59 year old Lorenzo Anderson was riding his bike in Astoria, Queens last Thursday  night around 10:45 pm when he was hit by a speeding Mercedes on 36th Ave . He was about a mile away from his home. The driver of the Mercedes then made a left onto 11th Street and stopped his car. He then exited it and ran off.  The passenger of the car didn’t flee. He was taken into custody to be questioned. Anderson was critically injured and transported to the hospital. He is still recovering from his injuries. (Read more in the NY Daily News)

Earlier last week, another bicyclist was the victim of a hit and run accident in New York City. 45 year old Greg Keller was riding his bike on Worth Street in Manhattan when a reckless driver started tailgating him. At one point the driver struck the back of the bicycle as he was trying to pass a car. Greg fell from his bike while the diver promptly took off. Horrified witnesses chased the car until the driver stopped.  He was forced to get back to the bicyclist and told him “Hey it was me I’m sorry.'”  The driver was then questioned by the police and issued a summons for failure to yield. The bicyclist was transported to the hospital to be treated for ligament damage to his shoulder. The police never questioned the bicyclist. Therefore after coming out of the hospital Greg Keller went to the precinct to add his personal feedback to the report.  The police told him the report was already completed and he “was making it worse for himself”. (Read more in the Gothamist)

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accident sceneA woman died in a car accident  after she entered the highway the wrong way.  Two other people were severely injured. The accident occurred early Sunday morning.  The driver of a dark grey SUV entered the North Bound lanes of the Hutchinson River Parkway in Scarsdale the wrong way and started to drive against traffic. The police received the first report of a car driving the wrong way just before 4:30 on Sunday morning but it was already too late. The dark grey SUV hit another grey SUV head-on. The driver of the car driving the wrong way was killed in the accident. The passenger as well as the driver of the other car were both critically injured.  The driver of a black sedan who swerved in the grass on the side of the highway to avoid the collision was fine.  A man working at a gas station just north of the accident told CBS News that it wasn’t the first time that a car was driving the wrong way on the parkway. He said it was happening quite often. The parkway was blocked for 11 hours to allow investigators to complete their accident reconstruction. It is still too early to know if alcohol or drugs were a factor. The investigators also still didn’t know where the driver entered the parkway. In recent years, there were several wrong way accidents in Westchester. Some say confusing signalization may be a factor.

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In the wake of the domestic terror attack at the rally in Charlottesville, and the statements which provided aid and comfort to those who seek to divide and destroy us, we believe that remaining silent is, simply put, wrong.  Accordingly, we join in the chorus of voices worldwide condemning the racism and bigotry so clearly on display last weekend.  We condemn in the strongest possible terms any attempt to trivialize the hatred which fueled these events and to shift blame to the victims of the attack. We further call on all members of Congress and the Administration to denounce any statements and actions which seek to normalize and excuse the actions of groups dedicated to hate and bigotry.

For 98 years, our firm has been dedicated to helping individuals achieve justice, irrespective of their race, gender, creed, color or sexual orientation. We believe we must all remain vigilant to ensure the rights to live peacefully and justly continue to be afforded to all Americans.

Ben B. Rubinowitz

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