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 Medical Malpractice Lawyer Marijo AdimeyGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that our partner New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $2.5 million unanimous verdict in an Upper Endoscopy case in Queens, New York.

The plaintiff, Elsa Garzon (57), went to Dr. Steven Batash on June 29, 2015 for a diagnostic EGD (also known as an upper endoscopy or esophagogastroduodenoscopy).  Ms. Garzon, of Columbian decent, emigrated to the United States in 2005 to provide a better life for her two children.  While raising her two small children, she learned English, became a resident, and started working as a helper in a local Queens deli.  She eventually became a U.S. Citizen and has continued to work at the same deli for over 12 years, where she is now the head cook.

Dr. Batash recommended an upper endoscopy, followed by a colonoscopy, to address her frequent complaints of abdominal pain.  An upper endoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the upper part of the gastrointestinal tract.  Upper endoscopy is used to identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding.  Performed under a mild form of anesthesia, a thin, flexible tube with a camera at the tip is used to examine the inner lining of the esophagus, stomach and duodenum (part of the small intestine).  The scope is inserted into the mouth, down the esophagus, into the stomach and then passed through the upper part of the duodenum.   Passage of the endoscope through the duodenum is incredibly important, as improper handling of the scope could cause injury to intestine and to the abdominal cavity outside the intestine.

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train accidents 2016 statistics63% of all train accidents reported by the top 10 US  Commuter Railroads in 2016 occurred in New York City suburbs. The New Jersey Transit logged 21 of them (35%), the Long Island Rail Road 10 (17%) and Metro-North 7 (11%). These numbers were released at the beginning of the month by the  Federal Railroad Administration.

Most human caused train accidents logged by the 10 biggest US Commuter Railroads in 2016  also occurred on The 3 New York Commuter Railroads. Of a total of 33 train accidents caused by human error, 67% occurred in New York suburbs, with 40% of them occurring on the New Jersey Transit.

human caused train accidents 2016 graphThe New Jersey Transit (NJT) which reported 21 train accidents last year represented alone 35% of all the accidents.  The NJT, the third biggest transportation system in the US has been struggling with finance for years. Funds that were supposed to be invested in large development projects were used for day to day operations. As a result, commuters were charged higher fares for overcrowded trains that often suffer delays.

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hoverboardA 3 year old girl died from her injury after a hoverboard explosion caused a major fire in her apartment in Harrisburg, PA, last Friday night. The hoverboard battery was charging at the time of the explosion.  The girl fell from the second story of her home as she was trying to escape the blaze that was ravaging her apartment. Her two sisters suffered critical burn injuries and her dad as well as a teenage boy who was in the house at the time of the accident, were treated for smoke inhalation. Dennis Voe, a 21 year old  firefighter who was en route to the fire was struck by a car and died from his injury as well.

It is the first time that a hoverboard explosion is directly linked to a fatality. The accident prompted a federal investigation. Previously the US Consumer Product Safety Commission (CPSC) investigated multiple cases of burn injuries related to defective hoverboards. So far investigations have led to the recall of approximately half a million hoverboards with defective battery packs. At least 8 models manufactured in China with defective lithium battery packs were part of the defective models recalled. Despite the many fires and injuries caused by exploding hoverboards many families still buy them and use them.

If you or your children own one of them, you can check the list of the hoverboards recalled by CPSC. However, please remember that owning a hoverboard that is not on the list is not a guarantee that the battery may not be prone to fire hazard.  Do not charge your hoverboard at night when you sleep but during the day in a location where you can keep an eye on it and where there is an extinguisher nearby.

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accident sceneA man who crashed his car in NYC disappeared from the accident scene leaving behind his brother who was critically injured. 21 year old Aidan Cammacho was speeding on Atlantic Ave in Queens, NYC, this morning around 4:15 am  when he lost control of his vehicle. His brother, Angel Camacho from Pennsylvania was in the passenger seat when the accident happened. He was seriously injured after Aidan jumped the curb and crashed his car against a parked car and a tree. The impact was so violent that the front of the car was completely destroyed. While his brother was stuck in the car almost dying, Aidan Camacho hailed a passing car who gave him a ride to Interfaith Medical Center. When the police arrived at the medical center he had already taken off.  His brother was extricated from the car by the EMS and transported to the hospital. The police are still looking for Aidan.

Read more in the NY Daily News

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A train operator was injured in a train accident this morning in West Hempstead, Long Island, NY. A Long Island Rail Road (LIRR) train struck a car on a crossing early this morning. The train operator suffered injury. None of the train passengers were injured. The accident happened this morning around 8:00 am not far from the LIRR West Hempstead Station. The service was temporarily  suspended in both directions. Investigators will have to determine why the car was on the crossing.

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senior pedestrians3 pedestrians died and another one was critically injured in New York City last Tuesday. The carnage started at 6:00 am in the morning in Greenpoint, Brooklyn. 71 year old Joseph Ramieri was crossing Meeker Avenue between Bridgewater Street and Gardner Avenue when he was struck by a car. He was transported unresponsive to the hospital. He died there. The driver stayed at the scene of the accident and wasn’t charged by the police.

3 hours later, at 9:00 am, 81 year old Carmen Velez was crossing E. Fordham Road when she was struck by a car making a left turn from Hughes Avenue onto Fordham Avenue, Bronx. She was taken to the hospital with severe trauma to her body. She was declared dead upon her arrival. The driver of the car was charged with failure to yield to a pedestrian and failure to exercise due care.

The third fatal pedestrian accident of the day occurred at night in Gerritsen Beach, Brooklyn. A woman in her 50s was fatally hit by a pick up truck at the intersection of Gerritsen Avenue and Whitney Avenue. No charges were filed against the driver.

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nursing home abuse“Sick, Dying and Raped in America’s nursing homes” is the title of a new investigation recently released by CNN. According to this investigation, sexual abuse at nursing homes is widespread and little is being done to stop it.

It is very saddening that many elderly that have issues with memory or who can not defend themselves because they are too weak are being sexually abused by the people who are caring for them.  Some of the stories revealed in the CNN investigations are extremely sad, sometimes terrifying. It is very difficult to get an accurate picture of how bad the situation is because predators choose victims with Alzheimer disease who have trouble with their memories or victims who are too terrified to talk. CNN found out that nursing homes are often reluctant to believe sexual abuse accusations or are trying to hide the truth to avoid lawsuits.  Additionally the police often dismiss the claim and blame the victim for being confused. On the top of it repeated caregiver offenders are often able to work in another nursing home after being fired from a previous one. There is a systematic failure to protect victims from sexual assault in nursing homes.

In the CNN investigation a daughter explained how her mother  who flew away from Indonesia to  avoid being sexually abused by Japanese soldiers was raped in her American nursing home at 83 years old. CNN also reports the story of a male nurse who was caught by a colleague raping an 83 year old patient in a nursing home in 2014. The man was sentenced by a judge to 8 years in prison. The nurse apologized to the judge and his attorney asked for leniency. CNN discovered that the man had previously been suspended 3 times from the same nursing home for sexual abuse accusations.  The earliest complaint was made in 2008, 6 years before. The nursing home continued to let the man work  there again despite knowing he was a sexual predator.

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A woman suffered critical personal injury after being hit by a MTA bus in New York City. The accident occurred around 9 pm last Monday. 61 year old Aurora Beauchamp was crossing E. Houston Street at Avenue D in the crosswalk  and at the green light when the bus struck her. She was transported to the hospital. Her sternum, ribs hip and pelvis were broken and she suffered internal bleeding. The bus driver was also transported to the hospital for trauma. He was charged with failure to yield to a pedestrian.

It is not the first time that a pedestrian has been hit by an MTA bus at this location.  Just a few months ago, in October 2016, 73 year old Anna Colon was fatally hit by a MTA bus that was turning left from Avenue D onto East Houston.

While looking at the Twitter picture below, one can see that Monday’s accident occurred exactly in the same way: the bus was making a left turn onto East Houston as well.

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Falls_Are_Leading_Cause_of_Death_Map_InfographicEvery year more than 200 construction workers die and around 10,000 are seriously injured after falling on the job in the US. Falls are the number one cause of death in construction accidents. Most of them are preventable. Planning ahead, using proper equipment and being trained for the job are key to prevent falls from scaffolds, roofs or ladders.

For the fourth consecutive year, the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), the Center for Construction Research and Training (CPWR) and the National Occupational Research Agenda (NORA) Construction Sector Council are joining forces to organize the fourth National Safety Stand-Down to Prevent Falls in Construction.

This awareness campaign will take place all over the Country from May 8th to May 12th. Construction companies as well as contractors and their employees are invited to halt regular activities and organize a workshop to develop awareness on safety measures to prevent falls on construction sites. 

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Traffic fatalities at Vision Zero priority locations in 2016 compared to previous Vision Zero yearsThe total number of traffic fatalities in New York City in 2016 was at its lowest since 1910 when the city started to keep records on traffic accidents. Mayor de Blasio recently released a new report covering the third year of “Vision Zero”.  According to the report, the first three-year period of Vision Zero is the safest period in New York City history.  The report highlights the recent initiatives launched under the Vision Zero program in 2016. It also provides the most recent statistics on car accidents fatalities and injuries, bicycle accidents fatalities and injuries and pedestrian accident fatalities and injuries in 2016.

In the Vision Zero Borough Pedestrian Safety Action Plans published in 2015, the DOT defined specific strategies to improve the most dangerous intersections and high-crash corridors in each borough.  Consisting of street redesigns, additional police enforcement, education and community engagement, the implementation of these action plans proved to be especially effective. Statistics showed that for the 5 years prior to Vision Zero there was an average 141  yearly traffic fatalities including 99 pedestrian fatalities at identified high-priority locations compared to 100 fatalities including 72 pedestrian deaths in 2016.

Various cross-agency studies have led to targeted safety campaigns. The most recent was an analysis of crash trends after sunset during the fall and the winter in New York City. The DOT and the NYPD who conducted the study together found that after sunset in the fall and the winter, there is an increase in 40%  of  pedestrians dying or being severely injured in car accidents. These findings led to an increase in evening and nighttime enforcement by NYPD officers and TLC inspectors.  This increase in enforcement combined with a mix-media campaign consisting of flyers and messages on television and drive-time radio led to a decline of 30% of traffic fatalities during the initiative.

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