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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3,665 people were injured and 18 people died in traffic accidents in New York City last month. This is the highest number of  crash injuries and the second highest number of crash deaths recorded in the month of February over the last 4 years.  Compared to February of last year the monthly number of people injured in a motor vehicle accident in NYC increased by 23% and the monthly number of people killed by 20%.  Even though there are usually less traffic accidents in February than in any other months in New York City the increase of deaths an injuries recorded during the last month is of concern.

Traffic Accidents Injuries and Death NYC February 2016

 

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Urgent Care Centers have been opening all around New York City and the US these recent years  but are they really safe? Here are the most common acute care medical malpractice risks:

  • Patient is being send home with a very abnormal vital sign without a re-evaluation of that abnormal sign
  • Poor risk factor evaluation happens when  practitioners forget to ask important questions about the medical history of the patient
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9 people suffered personal injury in a New York bus accident. 2 of them are seriously injured and are still being treated at the hospital.

The accident happened yesterday afternoon a little after 4:00 pm.  The QM11 bus, a MTA express bus, was on its way to Queens.  As it was passing under the FDR overpass at 33rd Street, the driver reached for his bottle of water.  He lost control of the bus and hit a pillar of the overpass. 6 people suffered minor injuries, 3 passengers were transported to the hospital, 2 with serious injury. The driver was also transported to the hospital. He suffered chest pain. Read more in the NY Daily News

Eating and drinking can cause accidents. In New York City between 0 and 6 accidents every month are being caused by eating and drinking behind the wheel.

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Yellow_cabA taxi driver fatally ran over a woman who was lying on a New York City street and didn’t stop. At his arraignment he said he thought he hit a pothole, not a human being.

Saturday morning around 3:30 am, 68 year old John Bangura was driving his yellow cab on First Ave near 17th Street in Stuyvesant Town, Manhattan. For some unexplained reason, 44 year old Kenya Flores was laying on the ground when the taxi ran over her and dragged her briefly on First Ave. Before laying in the path of the taxi, Flores had laid down in a bus path.

According to the NY Daily News, witnesses saw the taxi trying to drive around a car who had stopped in front of him when he hit the woman.  He dragged her down the street and sped away.  Flores was taken to the hospital where she later died.

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Fire escapeA 23 year old man suffered critical injury after he stepped on a defective fire escape and fell 4 stories to the ground. 23 year old Chad Miller was about to move to a new apartment on Bedford Ave near Lefferts Boulevard in Brooklyn, NYC. He was hanging out with a friend on the fire escape outside his new place when the railing broke. Chad fell 4 stories and was critically injured. According to his dad, his son is still in a coma.

The owner of the building  received a violation for failure to maintain the fire escape. It could cost him up to a $5000 penalty. There is also a good chance that the family of the victim files a premises liability lawsuit against him. In 2011 we settled a case for $5,000,000.00 when a fire escape landing on which a man was standing on collapsed causing him to fall approximately 30 feet to the ground. Discussion of case here.

Read more in the NY Daily News and here 

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A pedestrian suffered serious injury after being hit by a car in New York City but according to a witness, the driver was let go by the police after he flashed a badge.

On January 11th, 63 year old  Cindy Klump who managed the drawing Center at Pratt Institute, was trying to cross Myrtle Ave at Ryerson Street in Brooklyn, NYC.  As she was crossing, she tripped and fell on the ground. She was getting back when up she was hit in the back by a a light colored minivan.  John Cisneros, a Pratt student who witnessed the accident saw the van driver parking his vehicle 50 feet away and run to rescue the woman. Another woman who also witnessed the accident ran to the rescue. She had medical training and tended to Klump while Cisneros called 911.

The ambulance and the police showed up shortly after. One of the police officers, Officer Orlando Vargas, started to interview the woman who helped Klump. She pointed at the driver who was still around and pointed at his car and told the officer: “that’s the guy who hit her and that’s his car”. The driver denied it and said it was a car before him who struck the woman and ran away. Cisneros said he saw the driver flashing a badge to Officer Vargas. He then kept the badge on a chain around his neck and was let go by Officer Vargas.

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Thomas_P._DiNapoli_cropThe Department of Health is not properly enforcing the law to prevent the neglect and abuse of New York nursing home residents according to a recent audit from the New York State Comptroller, Thomas P.  DiNapoli (see wikipedia picture of the left).  In a meeting with senior citizen advocates in Albany, DiNapoli said that the Department of Health is taking too long to fine nursing homes who have committed violations. According to the audit, in 2011 the DOH collected a total amount of $152,000 in fines  in 2014 compared to $628,000 fines in 2011. Not only are much fewer fines are being levied but the time it took from the violation until the collection of the fine was 4 years in 2014 compared to 6 months in 2011.  Read more in the Legislative Gazette 

 

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Defective sterilization process may have caused contamination in some Bumble Bee and Chicken of the Sea tuna cans. Contaminated products may potentially cause life threatening illnesses. According to CNN, the quality and compliance team discovered a malfunction OF a machinery part during the sterilization process during a routine inspection in a Georgia production plant in which both brands were manufacturing their products. The malfunction may have caused some products to be not fully cooked.

The recall affects 31,579 cases of Bumble Bee canned tuna with UPC codes codes 8660000020, 8660000021 and 8660000736 sold nationally in February 2016. The recalls also affects 2,745 cases of Chicken of the Sea brand with UPC codes are 0 4800000195 5 and 0 4800000245 7 and produced last February and March.

Bumble Bee product recall

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nypd chaseA 34 year old mother and her 2 year old daughter suffered personal injury in a car accident in the Bronx, NYC.  The accident was caused by a driver who was chased by the NYPD. The chase started after police officers saw a car speeding on on Nereid Ave in Woodlawn Heights. The driver of the car lost control of the vehicle near the Mount Vernon border and crashed into several parked cars on West 4th Street. The mother and her daughter were sitting in one of the cars when the crash happened. She and her daughter were injured and transported to the hospital. According to the NY Daily News, the mother suffered severe head trauma.

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Abdominal compartment syndrome is well recognized as a potential complication of laparotomy for trauma. It has also been reported after repair of large ventral hernias and may be anticipated in any case in which there is a loss of domain for abdominal organs. Failure to diagnose Intra-Abdominal Hypertension leading to Abdominal Compartment Syndrome, multi-system organ failure and patient death following surgery of the Abdominal Cavity may constitute medical malpractice. For a complete discussion of this insidious condition see our web page, “Abdominal Compartment Syndrome”