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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accident sceneThe cyclist struck by a drunk and unlicensed driver in New York last Sunday is still in a coma. 55-year-old Nancy Pease was part of a group of 6,000 cyclists who were participating in the “NYC Century bike tour” organized by Transportation Alternatives. Nancy and a group of around 25 cyclists were waiting at a red light at 12th Ave and 39th Street in Borough Park, Brooklyn, when a minivan plowed into them. Several bicyclists were injured. Among them, Nancy who disappeared under the minivan as the driver literally drove over her.

The driver, 39-year-old Antonio Pina, was highly intoxicated. According to the police who arrested him he had a blood alcohol level of .287, three times the legal limit. Pina also told the police he didn’t have a driver’s license. He had been drinking margaritas and Coors light before driving his van. Witnesses saw him getting out of his parking space and crashing into another vehicle before accelerating and intentionally plowing into the group of cyclists. After he ran over the woman he got out of his car with bloodshot eyes and a disheveled appearance. As the police took him away he stuck his tongue out of his mouth looking crazy.

The FDNY had to remove Nancy Pease from under the van (see video below). Pease suffered serious physical injuries including a lacerated liver, abdominal bleeding and a traumatic brain injury. She had to undergo surgery and her spleen was removed. She is still in a coma according to the most recent news from the New York Post. A few other bicyclists also suffered injuries during the   accident.  They were treated for minor injuries at the scene of the accident and declined to go to the hospital.

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blood drawA New York doctor may have committed serious medical malpractice had his license suspended yesterday.

Dr Timothey Morley had his license suspended yesterday after 4 of his patients were infected with the same strain of Hepatitis C. The New York State Department of Health and Westchester County Health Department are asking all patients who received an infusion or had blood drawn at Dr Morley’s practices to get tested for hepatitis B or C or HIV. Dr Morley was practicing at  Tomorrow Medicine in Mount Kisco and White Plains. In the past he was also a practitioner at Advance Medicine of Mount Kisco. If you are a patient of Dr Morley you can get tested for free by calling 914-995-7499 for an appointment.

Officials told the press that they suspended Dr Morley’s license after they  they found “a series of inappropriate infection control practices” and “concerns regarding the preservation, preparation, handling and administration of medicine” at the doctor’s practices. Timothey Morley is also accused of failing to produce records and documents requested by investigators.

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MTA_New_York_City_Bus_Orion_VII_Next_Generation_2009-thumb1A man suffered critical injury in a bus accident in New York City yesterday. The 31 year old man was delivering Indian food on his moped when he was struck by a MTA bus. Both the moped and the bus were riding on Shea Road in Queens.  When they arrived at the intersection of Roosevelt Avenue, the bus driver made a right turn onto Roosevelt. The moped collided with the right rear of the bus and was crushed under the undercarriage of the bus. The delivery man suffered critical injury including head and body trauma. He was rushed to the hospital. He is expected to survive.  The bus was empty at the time of the accident. The driver had finished his service and was on his way to the bus depot. Read more in the NY Daily News

Another MTA bus accident occurred in Queens less than two weeks ago. A  bus driver was crushed by his own bus as it rolled backward. Kaleb Oliver, the driver needed a bathroom break at the end of a shuttle service. He stopped his bus on Metropolitan Ave near the All Saints Cemetery in Ridgewood. After he stepped out of the bus, the vehicle started to roll backwards. The bus driver started to run after the bus and attempted to get into it from the passenger side. He got crushed between the bus and a pole. He suffered critical injury.  Another bus driver,  Anibal Rivera, who was standing at the scene of the accident after his own shift also ran after the bus. He was able to get in by the drivers side and to pull the emergency break an action that probably saved the life of his colleague. Oliver was rushed to the hospital with a punctured lung and serious face injuries. He had 9 years of service as a MTA bus driver. It is the second time this summer that a MTA Bus rolled backwards causing injury. Read more in the New York Post

Picture source: wikipedia

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bicyclist and truck accident New York locationA cyclist suffered personal injury after being hit by a truck in New York yesterday morning. The accident occurred around 11:30 am at the intersection of West 30th Street and Seventh Ave.

A woman riding a Citi Bike and a dump truck were both waiting at the red light on 30th Street. When the light turned green, the bicyclist headed straight ahead while the truck made a right turn and hit her. The woman started to scream and the driver immediately stopped his truck. According to witnesses both the biker and the truck driver started to scream at each other. The woman was screaming “you hit me , you hit me” and the driver was screaming back at her “you were in my blind spot, you came out of nowhere! People at a nearby pizzeria ran out of the store and pulled the victim from under the truck. Her leg was badly mangled. An emergency crew arrived a little after and took her to Bellevue Hospital to be treated. She suffered serious injury to her leg but her life was not endangered. The truck driver stayed at the scene of the accident. He wasn’t charged.

The intersection at 30th Street and Seventh Ave is dangerous and was the scene of many previous accidents. According to the Vision Zero map, in 2009 3 pedestrians, 1 cyclist and 2 motorists were injured in crashes at this intersection. In 2010, 2 motorists and 1 cyclist suffered injury. In 2011, 2 pedestrians, 1 cyclist and 8 motorists were injured. In 2012, 1 motorist, 1 cyclist and 5 pedestrians were hurt in collisions at this location. In 2013, 2 pedestrians, 2 cyclists and 1 motorist were injured. In 2014 another motorist as well as 3 cyclists were injured in accidents at this intersection. In 2015, again 3 cyclists and a motorist were injured in crashes at the same location. Last year again 3 other cyclists, one pedestrian and one motorist were injured in crashes at this intersection. This year so far, before yesterday’s accident, one motorist suffered injury after an accident at this location.  Also this year a bicyclist died in a crash just a block away at the intersection of West 29th Street and 7th Avenue. In 2014 a pedestrian died in a crash on West 31st and 7th Ave.

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9 11 injured survivorsSo many people died and so many people were injured on 9/11 in New York.  Despite healing some survivors are still struggling. Some physical injuries have healed but psychological trauma remains. Many survivors have seen their consumption of alcohol increase. Many of them struggle financially. They feel socially isolated. Some of them have deep psychological trauma.

Among the 9/11 survivors many of them are volunteer workers who just came to help without using much protection. 16 years later some healed but others are still struggling.  A study entitled “Hospitalizations for asthma among adults exposed to the September 11, 2001 World Trade Center terrorist attack” was conducted by the New York City Department of Health and published last June. The study shows that in the decade after the attacks many workers who were exposed to dust and debris resulting from the collapse of the World Trade Center not only continued to suffer from asthma but  also from a high rate of co-morbid gastroesophageal reflux symptoms (GERS), post traumatic stress disorder (PTSD) and sinus symptoms.  The study found that co-morbid conditions, including PTSD and GERS, are associated with an increase in asthma hospitalizations, as are female gender, black and Hispanic race/ethnicity and lower levels of education.

Another study published this year and conducted by the New York City Department of Health and Mental Hygiene and by The Department of Epidemiology, Mailman School of Public Health, Columbia University looks at Chronic Diseases. In “Injury, intense dust exposure, and chronic disease among survivors of the World Trade Center terrorist attacks of September 11, 2001“, Howard E. Alper , Shengchao Yu S, Steven D Stellman and Robert M Brackbill found that acute exposure to 9/11 dusts led to significant long term heart and respiratory diseases.

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New York Personal Injury Attorneys Rubinowitz and TorganIn their Trial Advocacy Column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “From a procedural point of view, the real goal of jury selection for the trial attorney is to preserve peremptory challenges. In civil cases in New York each side is allowed only three peremptory challenges; however, each side is allowed an unlimited number of challenges for “cause.”  This article was written in light of the recent political commentary on immigrant status. It is essential that the trial lawyer confront these issues directly or risk an adverse verdict. Unfortunately, certain political speeches have had the effect of improperly targeting immigrants. This article was written to assist Trial Lawyers to overcome such bias and bigotry.

Read the complete column in the “New York Law Journal”

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accident sceneA sedan crashed into a police cruiser yesterday night in Brooklyn at the corner of Ralph Ave and Macdonough St. in Bedford-Stuyvesant. The car accident occurred as the driver of the sedan was trying to escape the police.

Yesterday night  19 year old Scott Adam was behind the wheel of a black Sedan. His passenger was 29-year old Marquise Middeltown. After he blew a red light, two police officers approached the car to ask him to pull over. Instead Adam tried to escape but the young driver lost control of his vehicle. He almost hit the two officers and crashed into their cruiser. He was charged Today with reckless endangerment, assault with a vehicle, fleeing police and running a red light. Adam has two prior arrests. His passenger who was critically injured in the accident was charged with illegal weapons possession and reckless endangerment. He has 22 prior arrests.

Read more in the NY Daily News

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NYPD logoNYPD killed an emotionally disturbed man who was holding a knife and a fake gun yesterday night in the Bronx. The killing was recorded on official NYPD cameras.

A landlord worrying that he hadn’t seen his tenant for a long time called 911 to ask the police to check on him. Two officers showed up at  a building located on Pratt Ave. When they entered the tenant’s apartment around 4:00 pm  they found a disturbed 31 year old man holding a knife in his hands. His other hand was hidden behind his back. The officers noticed it was a small gun and asked the man if it was real. For an hour the two officers tried to negotiate with the man, asking him to drop his knife and come out. They finally asked for back up. According to the police, when more officers showed up, the man aimed the silver pistol at the cops. At this point one officer fired his taser and two others their service weapons, striking the man several times. The video hasn’t been released yet. Police recovered the knife and a toy gun. The video footage hasn’t been released by the NYPD yet. Read more in the NY Daily News

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medical procedureIn a recent study,  a majority of doctors said they overtreat patients because they fear medical malpractice lawsuits. Not only is this fear exaggerated but also doctors seem to use it as a good excuse to perform unnecessary procedures that are very profitable to them.  For example angioplasty procedures to implant heart stents in patients are among the most overused interventions. Many procedures not only put patients at risk unnecessarily but inflate the nation’s medical bill.

In the study “Overtreatment in the United States” published in PLOS One yesterday, Heather Lyu from the Department of Surgery, Brigham and Women’s Hospital, Harvard Medical School, Boston, Massachusetts, United States of America, Tim Xu, Daniel Brotman, Brandan Mayer-Blackwell, Michol Cooper, Michael Daniel and Elizabeth C. Wick from the Department of Surgery and the Department of Medicine, Johns Hopkins University School of Medicine, Baltimore, Maryland, United States of America,  Vikas Saini and Shannon Brownlee from The Lown Institute, Boston, Massachusetts, United States of America and Martin A. Makary from the Department of Surgery and the Department of Medicine, Johns Hopkins University School of Medicine, Baltimore, Maryland, United States of America, Department of Health Policy and Management, Johns Hopkins Bloomberg School of Public Health, Baltimore, Maryland, United States of America surveyed 2,106 physicians about over treatment. The survey found that according to physicians themselves,  20% of  all medical care provided to patients are unnecessary.  Physicians indicated that they felt 25% of tests, 22% of prescription medications and 11% of procedures were not needed. 85% of doctors  said they were over treating for fear of medical malpractice and 59% because they were pressured by their patients. However 70.8% of them recognize that when they over treat patients, physicians tend to perform unnecessary procedures that are the most profitable to them. Over treatment can cause additional and unnecessary harm to patients  and obviously unnecessary financial burden to patients and to insurance companies. Spine surgery, operations done to narrow blood vessels in the leg or stent procedures are all profitable procedures that are the most often found unnecessary for the patient.

Picture: courtesy of Wikipedia

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Daniel-Pollack-1In a recent article  Daniel Pollack, a  professor at Yeshiva University’s School of Social Work in New York City and a frequent expert witness in child welfare lawsuits  and Cameron R. Getto a shareholder with Zausmer, August & Caldwell, P.C. in Farmington Hills, MI who focuses his practice on representing

nonprofits, health care professionals and human services organizations provides an in-depth analysis of the actual presentation and use of  state child welfare report cards.

While report cards are often useful in providing a good overview of child welfare agencies’ strengths and weaknesses, their condensed content can sometimes be misinterpreted or used unfairly. For example comparisons between States are often misleading because each State has a different methodology to produce its report card.  Politicians and media are big users of report cards. They mostly use the rankings and the grades to support their message. Report cards have also been used very effectively in litigation and the data underlying the report cards have affected court decisions throughout the United States far more than the report cards themselves.

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