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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constructionLast September we wrote a blog about a third of NYC construction accident deaths not being counted or investigated by the city. After Crain’s reported this continuing problem, Mayor de Blasio acted in a very nonchalant manner and brushed off the issue. Unions workers were outraged by his attitude.

Among the multiple deaths that the city didn’t count or investigate last year was the death of Alton Louis, a construction worker employed by CRV Precast. Alton Louis collapsed and died during the summer of 2015 after the subcontractor failed to implement a heat stress program and had him working a full shift during a day when the temperature reached 105 degrees. CRV precast was cited by OSHA for the death of the construction worker, but neither the NYC Department of Buildings nor the NYC Department of Investigation investigated the company. CPR was fined $6,300 by OSHA for the death of Alton Louis while the City looked the other way.

Two weeks ago, two construction workers died in Queens (see previous blog). Crain’s reported that one of these construction workers was employed by CVR Precast. The other hard hat who died worked for a firm subcontracted by CVR Precast.

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medical malpracticeMedical Malpractice cases in New York are often very complex. Because the cases are too complex for a non-doctor to determine if the patients was the victim of a medical malpractice, the testimony of a medical expert is required for almost every medical malpractice case to go to the jury. However in some very rare cases in which the medical malpractice is “obvious”  medical expert testimony may not be necessary.

In a recent NYC medical malpractice case, a patient won his medical malpractice case without presenting  medical expert testimony. The patient sustained burns after his orthopedic surgeon inadvertently left a hot mallet on his left thigh and abdomen during an arthroscopic surgery. The patient sued the surgeon and his practice group for medical malpractice. After the surgeon admitted in his deposition that he had committed an error, the patient moved for partial summary judgment on the issue of liability. The surgeon submitted an affidavit that attempted to explain that despite his deposition, the operating room staff was ultimately responsible for the error. The court found the surgeon’s argument unavailing and partial summary judgement was granted to the plaintiff by the Bronx Supreme Court as to the surgeon only.

In Legakis v. New York Westchester Square Medical Center,et.el., 2016 NY Slip Op 07843, the Appellate Division, First Department, modified by also granting partial summary judgment on the issue of liability against the orthopedic surgeon’s practice group, and affirmed. The court held that the trial court did not err in granting partial summary judgment on the issue of liability against the orthopedic surgeon and partial summary judgment on the issue of liability should also be granted against the orthopedic surgeon’s practice group. The plaintiffs did not rely on res ipsa loquitur relying on the defendant’s deposition testimony and medical records. The Court held “…this is the rare case in which the ‘prima facie proof is so convincing that the inference of negligence arising therefrom is inescapable and unrebutted,’ so that summary judgment on liability is proper (Thomas v New York Univ. Med. Ctr., 283 AD2d 316, 317 [1st Dept 2001] [internal quotation marks omitted]).”

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New York Medical Malpractice Attorney Mariojo AdimeyOur firm is proud to announce that New York Medical Malpractice Lawyer Marijo C. Adimey obtained a $1.27 million verdict in a colonoscopy case in Brooklyn, New York City.

The plaintiff, Lola Heifetz (63), went to Dr. Robin Baradarian and The Brooklyn Gastroenterology and Endoscopy, PLLC on September 26, 2010 for a routine screening colonoscopy. Ms. Heifetz, of Ukraine descent, emigrated to the United States over thirty (30) years ago. She learned English, became a U.S. citizen, obtained her lab technician certificate, and started working as a lab technician at Maimonidies Medical Center. She worked at Maimonidies Medical Center for almost thirty (30) years until the day of the colonoscopy.

A colonoscopy is a screening and diagnostic tool used by gastroenterologists to evaluate the inside of the colon and identify ulcers, colon polyps, tumors, and areas of inflammation or bleeding. Performed under a mild form of anesthesia, a thin, flexible tube is used to examine the inner lining of the large intestine, i.e. the rectum and colon. The scope is inserted into the anus, through the rectum and then passed through the entire large intestine to the cecum. Passage of the colonoscope through the intestine is incredibly important, as improper handling of the scope could cause injury to not only the bowel itself, but vital organs outside the bowel including the spleen.

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Daniel+Pollack-1In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City & Cameron R. Ghetto, Esq. discuss the dilemma of whether a department of human services employee who is sued is entitled to their own attorney. They point out that of critical importance is the type of claim asserted. Is it predicated upon negligence? Is it an intentional tort? They point out that  given the unique nature of each lawsuit and the laws that apply, no one prescription applies to all situations. The following topics are covered; When Employees Should Request their Own Attorney? Financial Considerations; When the Government is Likely to Provide Counsel for an Individual Employee; Conflict Waivers; Ethical and Substantive Legal Considerations. They conclude that “An attorney may represent multiple clients if their interests are not directly adverse to each other. However, the attorney must explain any circumstances that might cause a client to question the attorney’s undivided allegiance. Similarly, if there are questions of conflict of interest the attorney seeking to undertake the representation must satisfactorily resolve them. During litigation, many states allow the court to raise the question if it believes the attorney has failed to do so.” Read Complete Article. Deciding when to assign separate counsel to public service agency co-defendants.

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accident sceneMore Pedestrians and Bicyclists have been killed in car accidents in NYC at this point in 2016 than in 2015. Through November 20th 124 pedestrians have been killed. 17 bicyclists have also suffered fatal injuries. For the same time period in 2015 115 pedestrians were involved in fatal accidents and 14 bicyclists were killed. Interestingly the death rate for those in cars and on motorcycles decreased this year to 61. At this point last year the number of such deaths was 73. Brian Zumhagen of Transportation Alternatives commented that these statistics indicate that the Vision Zero project is not sufficiently protecting those who are most at risk and that the City needs to fix those areas which have already been classified as hazardous Vision Zero priority locations.   The stated mission of Transportation Alternatives is to promote bicycling, walking and public transit in NYC. Read more in The New York Daily News.

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photo__2573607_christopher_donadioWe are proud to announce that our associate Christopher Donadio has been selected by The National Trial Lawyers Top 40 under 40. The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state or region who are under the age of 40.  Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research. Chris has already taken over 40 verdicts in personal injury cases in both New York State and Federal Courts. His selection is a testament to his having immersed himself not only in his work but in his extensive studying of both the past and present top personal injury lawyers. He has represented plaintiffs at trial in all types of personal injury cases including police brutality cases, an area in which he has a particular interest and expertise. We congratulate Chris on this well deserved Honor.

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Pictures of our partner Jeffrey Bloom speaking on “Cross Examination of an Expert Witness in a Medical Malpractice Case” last week in New York City at the New York State Bar Association “Bridging the Gap Winter 2016” program. Jeff stated that not only was the seminar very successful but “I found it to be particularly rewarding to share my knowledge of over 35 years with newly admitted lawyers to help them to bridge the gap between law school and the reality of practicing law in New York State. I feel it is an obligation to give back to our legal community, especially to newly admitted attorneys.”Jeffery Bloom Lecture 2

Jeffrey Bloom Lecture

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NFL Brain Injury   The Radiological Society of North America reports that a study published in the journal of radiology found measurable changes in the brains of children after one season of participating in youth football without a diagnosis of a concussion. Christopher T. Whitlow, M.D., Ph.D., M.H.A., associate professor and chief of neuroradiology at Wake Forest School of Medicine in Winston-Salem, N.C., the lead author of the study stated “We wanted to see if cumulative sub-concussive head impacts have any effects on the developing brain.” 25 male football players between 8 and 13 years old were studied. The Head Impact Telemetry System (HITs) was used to record head impact data. Participants in the study underwent pre- and post-season evaluation with multimodal neuroimaging, including diffusion tensor imaging (DTI) of the brain. DTI is an advanced MRI technique, which identifies microstructural changes in the brain’s white matter. Diffusion tensor imaging measures what is known as fractional anisotropy (FA), of the movement of water molecules in the brain and along axons. Dr. Whitlow stated that the participants in the study “…who experienced more cumulative head impact exposure had more changes in brain white matter, specifically decreased FA, in specific parts of the brain.” He stated further research is needed to determine the significance of these findings. Read the RSNA Press release here.

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On November 17, 2016, Orlando Savino was hit by a four door sedan while walking across Neried Avenue at its intersection with Richardson Avenue in the Bronx, NYC. The car accident occurred at approximately 10:30 a.m. The pedestrian was found unresponsive by the police. He was pronounced dead at Jacobi Medical Center. Video at the scene depict the driver of a black Ford Fusion driving south on Richardson and turning left onto Neried where he hit Mr. Savino. He then fled the scene. Anyone with information regarding this incident is asked to call the NYPD’s Crime Stoppers Hotline at (800) 577-TIPS (8477) or (888) 57-PISTA (74782) for Spanish. Tips can also be submitted on the Crime Stoppers website at www.nypdcrimestoppers.com or by texting their tips to 274637 (CRIMES) then enter TIP577. Read more in Bronx Times.

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At around 4:00 am Sunday morning Kevin Melgar, 23, was driving his 2004 Infiniti on Sunrise Highway against traffic. He apparently was speeding for approximately 7 miles the wrong way when he crashed into a van operated by 49-year-old Ozcan ‘John’ Ayyildiz which was proceeding the right way. Both drivers were killed as a result of the impact. According to ABC News Ayyildiz was a flower deliveryman, and was on his way to work when the wrong-way car slammed into his van. He is survived by his wife and 3 daughters. 25-year-old Johnathan Valladarez was a passenger in the Infinity. He was taken to the hospital in critical condition. While the police were investigating the accident a street sweeper drove thru the closed area of the accident striking 2 police cars. Fortunately none of the officers suffered serious injuries. The car accident is under investigation. Read more at ABC News.

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