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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large truckTruck accidents are on a trending rise in New York City. Last July they reached a record number of 805. It was the first time ever that the number of monthly truck accidents in New York City was over 800.

In the US, 4067 people died in truck accidents in 2015 compared to 3903 in 2014 and 3380 in 2009. Over 6 years the number of fatal truck accidents increased by 20%. From 2009 to 2015, injuries related to truck accidents increased by 50% from 74,000 to 111,0000. Truck crashes were also on the rise during the same period. They increased from 286,000 to 411,000 between 2009 and 2014.

Truck drivers are working long hours and are often pressured to deliver their load on a tight schedule. They often drive above the legal speed limit exposing themselves and other road users to dangerous accidents. According to the NHTSB, speeding, distraction and impairment are the three main factors in truck accidents.

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young hockey playersExtremity injuries and traumatic brain injuries are common in youth hockey according to a Mayo Clinic Study. Most injuries result from intentional contact according to the same study. Over the years, USA Hockey, the regulating body for youth hockey has taken different measures to make the game safer. Body checks which are causing the most dramatic injuries are now forbidden for players under 14 years old. Penalties have also been increased for contact with another player’s head. However if the rules are not enforced injuries will continue to happen.

It is the share responsibility of the coaches, the referees and the parents to make sure that the game is safe for the kids.

Coaches are responsible to develop good sportsmanship among players instead of a culture of intimidation.  A good coach will focus on developing skills and respect for opponents.

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A construction worker suffered critical injury after he fell down an elevator shaft in NYC. The 42 year old man was an employee of Economy Elevator Inc. He was working on a construction site at 246 Johnson Ave in Brooklyn, NYC when he fell seven stories in the elevator shaft. Other workers who heard him scream came to the rescue and call the emergency medical workers. The workers was able to move his hands and his feet when the EMS put him on the stretcher. He was transported to the hospital in critical condition. According to DNA Info the worker was wearing a harness when he was found on the ground. However it is not clear if it was attached to anything at the time of the accident. Read more in DNA Info 

246 Johnson Ave is located at the corner of Bushwick Place near the Montrose L stop. In 2014 it was a one-story building that was bought by developer Moshe Silberstein. A residential building is now being constructed at this location. See below a picture of the building from Google map before development.

246 Johnson Ave

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best law firm-badge-2017Our New York Personal Injury Law Firm was listed in six practice areas in the newly released 2017 ranking of the Best Law Firms by U.S. News and Best Lawyers®. For the seventh consecutive year our firm was named a a top tier Law Firm for the New York City Metropolitan area in Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs, Medical Malpractice – Plaintiffs, Legal Malpractice – Plaintiffs and Mass Tort Litigation/Class Actions – Plaintiffs. The firm also ranked nationally in the top tier in Mass Tort Litigation / Class Actions – Plaintiffs.

Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2017 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S. Over 10,000 attorneys provided more than 800,000 law firm assessments, and over 10,000 clients provided more than 90,000 evaluations.

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Failure to diagnose breast cancer at an early stage or delay in treating breast cancer early can have deadly consequences. Early detection of the disease through regular screening such as mammogram is essential for every woman over 40 year old. According to Cancer.net, women who are diagnosed when the cancer is located only in the breast have an almost 100% chance to survive for at least 5 years. If the cancer is detected after it spread to the regional lymph nodes, the 5 year-survival rate is 85%. A woman diagnosed with breast cancer that spread to another part of her body has a 26% chance to survive more than 5 years.

Statistics also indicatewho is not getting mammogram that only 61% of breast cancers are diagnosed at an early stage. Unfortunately, despite campaigns such as the Breast Cancer Awareness Month that ended Yesterday,  too many women over 40 years old are still not getting regular mammogram.  29% of women who have health insurance and should be screened are still not doing it. Among women who do not have health insurance, as many as 68% of them are not getting mammograms. Not having an insurance is not an excuse for not getting regular mammograms. In every city, charitable organizations offer free screenings for women who can’t afford to pay for them. In New York our firm is sponsoring free mammography vans through the Judges and Lawyers Breast Cancer Alert.

FAILURE TO DIAGNOSE BREAST CANCER CAN BE MEDICAL MALPRACTICE

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92-20 Astoria Boulevard view from Goggle mapAn infant died in a car accident last week in Queens. 8 month old Navraj Raju was in a stroller pushed by his mother last Thursday morning when he was struck by a van. The mother and the infant were on the sidewalk when the driver of the van backed out of a driveway and hit the stroller. The van driver was unlicensed. The car accident occurred at 92-20 Astoria Boulevard.  The picture above shows the location of the accident. It is an area particularly difficult to navigate for pedestrians, especially families. Cars parked in front of the building between the deli and the gas station have to back out onto the sidewalk when leaving their parking space. They have reduced visibility when backing out. Additionally vehicular traffic is constantly crossing the sidewalk to access the gas station.

Astoria Boulevard was identified in 2015 as a Vision Zero priority. The segment of Astoria Boulevard between 80th street and 110th street was identified as a pedestrian crash corridor. It is among the top 10% most dangerous corridors for pedestrians in this particular neighborhood.  It is supposed to be re-engineered in the future to make it safer for pedestrians. The proposal from the Department of Transportation to make some specifically dangerous segments of Astoria Boulevard safer can be downloaded here.  However despite fixes being identified for Astoria Boulevard in 2015, not enough is being done by the de Blasio administration to quickly implement these changes. Transportation Alternatives organized a stroller protest to ask the Mayor to fulfill his promise to reduce traffic deaths.

Read more about the accident on Streetblog

 

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view of car accident location by Goggle mapA woman suffered critical personal injury in a car accident in New York on Sunday morning around 10:30. The 60 year old pedestrian was crossing East 38th Street at the Queens Midtown Tunnel entrance when the accident happened. She was hit by a black SUV and dragged by the car for a block before being dislodged. The SUV driver fled the scene of the accident. The woman was transported to the hospital in critical condition. The police are still looking for the driver.

Picture: accident location courtesy of Google Map

 

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A construction worker died after falling from a scaffolding in New York City. 31 year old Michael Buffamante was working on scaffolding at the Coney Island Wastewater Treatment Plant in Sheepsheadbay yesterday. He was installing dechlorination equipment.  A little after noon he fell from his scaffolding into a 35 foot-deep sewage tank filled with wastewater and chlorine.

FDNY divers ran to the rescue and found the young worker lying at the bottom of the tank. They brought him to the surface. The worker was in cardiac arrest after having been in the water approximately 8 minutes . The paramedic gave him CPR and transported him to the hospital in critical condition. Buffamante died at the hospital. The worker was employed by Welkin Mechanical, a construction company based in Queens. According to the Department of Environmental Protection (DEP), the worker was wearing protective equipment.The DEP did not specify what type of protective eqipment. Further investigation will be necessary to determine the exact cause of the accident.

Read more in the NY Daily News

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Kingsbrook Jewish Medical CenterA patient died at a NYC hospital ward after the hospital failed in its duty to protect him. A 77 year old patient at the Kingsbrook Jewish Medical Center in East Flatbush, Brooklyn, was attacked last week by 65 year old Larry Hammond, another patient. The man was beaten in the head and suffered critical injury. He died five days later from his injuries. The hospital only contacted the police one day after the attack. Read more in the NY Daily News

New York hospitals are responsible for the health and the well being of their patients. They are licensed and regulated by Federal and State law and have to follow strict policies and procedures.  If a hospital fails to protect a patient, the hospital can be liable for the injury or the death of the patient. Read more about it on our Hospital Negligence page.

 

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Johnson and Johnson talcA jury found that Johnson & Johnson engaged in “negligent conduct” in making and marketing its talc products. In a trial that started a month ago, a St Louis jury found that Johnson & Johnson talc products have caused or contributed to the stage IV ovarian cancer of Deborah Giannecchini.

The 63 year old woman was awarded $67.5 million for punitive damages and $2.575 million in compensatory damages. $2 million of the punitive damages will come from Johnson & Johnson talc supplier, Imerys. This is the first time that the the talc supplier has also been held liable for damages. In two previous similar product liability lawsuits filled in St. Louis, Johnson and Johnson lost $ 55 million and $72 million and was the only company held accountable for damages. Approximately 2,000 similar cases have been filed against Johnson and Johnson with approximately half of them filled in St. Louis.

In New Jersey, two product liability cases against the talc manufacturer were rejected by a judge who decided that there was no reliable evidence that talc powder was linked to ovarian cancer.

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