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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In 2001, Pam Tusiani died as a result of Medical Malpractice in New York  after she fatally  reacted to Parnate, an antidepressant she had been prescribed by a treatment center that was providing medical care without a license. The young woman was suffering from  borderline personality disorder, a disease often misdiagnosed.

Using the settlement from their malpractice suit, Pam’s parents started the Borderline Personality Disorder Resource Center at New York Presbyterian Hospital in 2003. Last July the Tusianis hosted some of New York’s top neuroscientists and psychiatrists at a day-long event to review the latest science on BPD and devise new avenues for research.

Read more in The Washington Post 

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A woman in her 50s was seriously injured after being struck by a van this morning.  The accident happened at the intersection of 21st St. and fifth Avenue in Manhattan.  The pedestrian was crossing the street when she was hit by a white van making a left turn. The driver of the van was in shock and stayed at the scene of the accident while the victim was transported to the hospital  in critical condition. Read more in the New York Daily News.

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A 27 year old woman was killed in  a bicycle accident  on the City Island bridge in the Bronx, NYC. The police are looking for the driver of a 2015 White Hyundai who struck 27 year old Gabriella Aguilar and sped away, leaving her to die on the road. See video below

 

 

 

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A 29 year old man and a 27 year old woman died in two  separate motorcycle crashes early Saturday night in  New York City. The first motorcycle accident occurred in Brooklyn  around 1:15 AM. The driver of the motorcycle tried to  pass a van by squeezing between the parked cars and the van on Parkside Avenue near Park Circle.  He lost control of his motorcycle and  died in the hospital a few hours after the crash.

The second accident happened 40 minutes later in the Bronx. A 27 year old woman who was riding as a passenger on a bike driven by a 30 year old man was ejected from it after the driver lost control of the vehicle on Commerce Avenue near Newbold Avenue.  The woman died and the driver suffered a broken jaw. Having ridden motorcycles for over 50 years the lack of foresight never ceases to amaze me. We all know riding bikes carries a multitude of risks from other drivers. Why compound it by riding foolishly.

Read more in the New York Daily News

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Francesco Bove  suffered critical personal injury after being attacked by two dogs last Friday in New York City. Bove was walking on Belmont Ave and 67th street in the Bronx when  he walked by two pit bulls.  The victim who also owned a pitbull thought that the two dogs wanted to be petted.  Instead the two animals jumped on him viciously and bit him repeatedly.  Bove almost died. He sustained multiple lacerations to his arms, legs and chest and had to undergo five hours of surgery. Read more in the NY Daily News

 

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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write Today that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.

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Another construction worker died in New York yesterday. 30 year old Juan Cerezo was doing facade work on a scaffold on the 14th floor when he fell and landed on the sidewalk shed. The fatal accident happened on the Upper East Side of Manhattan at 363 East 76th Street around 4:00 pm yesterday. It is not clear so far if the worker was wearing a safety harness at the time of the accident. Four complaints have been filed against the building’s renovation this year, two for the second-floor scaffolding breaking or not being up to code, according to city records. The man was taken to the hospital where he was pronounced dead (read more in DNA).

The boom in construction in New York City has led to a significant increase of workers and non workers being injured or being killed on or nearby construction sites.  A few days ago a 30 year old hard hat died after he fell down an elevator shaft on a construction site in Midtown on the West side of Manhattan.  (see previous blog).

So far this year 12 people died in construction accidents including non construction workers such as pedestrians struck by debris or tenants killed in gas explosions.

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Construction_AccidentAmong all industry sectors in the U.S.,  construction has the highest number of fatal injuries with  more than 800 construction workers dying every year.  A  lot of  research has been done and written on construction safety and health but the challenge is to ensure that  promising research findings become safer practices on construction sites.

Last month, the  American  Journal of Industrial Medicine devoted a special issue on Research to Practice (r2p)  at The Center for Construction Research and Training (CPWR)  covering the following subjects:

  •  Using social marketing to stop construction falls
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yield to pedestriansVision Zero’s “Right of Way” law makes it a misdemeanor for drivers who killed or injured a pedestrian because they failed to yield. However after 6 bus drivers were arrested last year, TWU, the bus drivers’ union started a heavy campaign to protect bus drivers from the law. Yesterday a federal lawsuit brought by TWU against Mayor de Blasio in April resulted in a settlement that drivers will not be strictly liable for seriously injuring or killing pedestrians in a crosswalk. Investigators will have to determine that a driver failed to “exercise due care,” which will now be defined as “care which is exercised by reasonably prudent drivers.”  Read more in the NY Daily News

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Death or personal injuries such as burns, smoke inhalation and wounds from falling merchandise are among the risks faced every day by New York High end store Idea Nuova’s employees. According to OSHA, the aisles are clogged with merchandise and, at the time of the inspection, an emergency exit was blocked by disco balls, desks and lamps preventing a quick evacuation in case of a fire. Additionally many stairwell exit doors that must remain closed to prevent the fire from spreading were propped open, haphazardly stacked merchandise was  threatening to fall on  anyone passing to close to it and exposed electrical outlets were a risk for electric shock.

This is the second time in two years that OSHA found unsafe conditions at the high end store located on Fifth Avenue in Manhattan. The company was cited in 2013 for similar hazards at the Manhattan location as well as the Brooklyn location.

Read the OSHA press release

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