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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Two workers who were trying to remove an underground oil-tank from a backyard died after the tank exploded. One of the workers was sitting on the tank and was cutting into it with a saw when the explosion happened. The blast was so violent that his body was thrown 25 yards away into the woods. The other man who was standing  nearby was also killed. The accident happened last Thursday in the backyard of a home on Hillside Avenue in Hasting-On-Hudson. The two men killed were Mora Segundo, 50, and Luis Jacho, 52 from Ossining.  Investigators discovered that the tank contained gasoline instead of oil. Gasoline vapors that built up pressure over time are suspected to be the cause of the explosion. Read more here

 

 

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A woman suffered personal injury after being hit by debris in Manhattan. The woman was in front of a Zara store at 580 Broadway near Prince Street on Friday afternoon when debris fell from above onto her head and knocked her to the ground. According to witnesses, the woman was bleeding from her forehead but she remained conscious. She was taken to the hospital where she was treated for trauma.

Read more in DNA Info

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Truck-DriverIf a diabetic truck driver is suddenly impaired by an an episode of hypoglycemia he can potentially loose  control of his vehicle and crash. Hypoglycemia is a condition in which blood glucose drops to a dangerously low concentration and creates symptoms such as blurred vision, shaking, trembling, unclear thinking, fainting, seizure or coma. Too much insulin relative to the amount of glucose in the bloodstream can cause blood sugar levels to drop too low, resulting in hypoglycemia. Drivers with stable, well-controlled insulin-treated diabetes mellitus (ITDM) usually don’t suffer from these types of episodes and are not considered more dangerous than other drivers as long as their condition is well controlled. However current regulations prohibit truck drivers from operating interstate commercial vehicles unless they obtain an exemption from The FMCSA. The process of obtaining this exemption is costly and time consuming for the drivers and for the FMCSA administration.  A notice of proposed rule making would enable truck drivers with ITDM to obtain a Medical Examiner’s Certificate from a Medical Examiner at least annually in order to operate in Interstate Commerce if the Treating Clinician who is prescribing the insulin for the driver can provide documentation that the truck driver’s diabetic condition is stable and well controlled.

Read more in Trucking Info or read the  complete notice of proposed rulemaking

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NY Personal Injury Lawyers Rubinowitz and SaghirNew York Personal Injury Lawyer Ben Rubinowitz told the NY Daily News yesterday that the family of Marilyn Dershowitz, was “very pleased” with the verdict of Judge Sarah Netburn who ordered the government  to pay out a total of $4,646,548.15 to Dershowitz’s husband, Nathaniel. Rubinowitz said “they feel vindicated knowing Marilyn did nothing wrong and that indeed she was entirely free of fault” but while the money judgment is “a nice thing to have, they are very much aware it could never replace Marilyn. She was one of a kind. She was a tremendous woman. The loss is very real to them, every day of their lives.”

Marylin Dershowitz was riding her bicycle in downtown Manhattan with her husband when she was fatally struck by a  postal truck. Last month U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion (see our previous blog).

Also see article in the New York Law Journal

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A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding  including a possible tear of the left atrial wall (top left chamber) during use of the device.   The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

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NYC Fatal Personal Injury ChildrenPersonal Injury is the leading cause of death among children 1 to 12 years old in New York City and in the U.S. as well. Between 2003 and 2012 438 NYC children died from injuries according to a new report just published by the New York City Department of Health and Mental Hygiene.  These injuries were primarily related to motor vehicle accidents followed by fire related injuries, suffocation and falls. Most of the children who died after being involved in a traffic accidents were pedestrians.

Most injuries leading to death (65%) were unintentional.  Infants between 1 and 2 years old are the most at risk as well as non Hispanic black children of all ages and kids from very poor neighborhoods. Boys have a much higher risk of death from an unintentional injury than girls.

Death related to intentional injuries are more prevalent among infants, in poor neighborhoods. Non Hispanic black kids are the most at risk of dying from an intentional injury.

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trcuck accidentTo keep the roads safe and prevent truck crashes that can result in serious personal injuries or deaths, the Federal Motor Carrier Safety Administration’s Compliance, Safety, and Accountability program identifies high-risk motor carriers for further investigations such as targeted roadside inspections and compliance reviews. However some recent high profile truck accidents have raised concern about the efficiency of this program and The Department of Transportation just announced that it will audit the investigative practices of The FMCSA for high risk motor carriers. This audit was initially requested by Senator Dick Durbin after a high risk motor carrier that the FMCSA had neglected to investigate was involved in a fatal truck accident.

Read more in Truckinginfo

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brNew York Personal Injury Lawyer Ben Rubinowitz has extensive experience representing the families of pedestrians and cyclists who have been killed or severely injured by negligent motorists in New York. Recently Ben tried a wrongful death case in The U.S. District Court for The Southern District  of New York, in which the Court held the Federal Government %100 liable and awarded monetary damages estimated to be approximately $5 million for lawyer Nat Dershowitz in a successful civil case against the driver of a U.S. Postal Service Truck that struck and killed his wife(see prior blog). Ben also represents Dana Lerner, the mother of 9 year old Cooper Stock who was hit by a taxi driver as he was in the crosswalk with his father resulting in his death.  In a recent article in NY Press Ben reflects on a recent decision by Manhattan DA Cyrus Vance Jr. to charge a  motorist who killed a pedestrian  in the Bowery with manslaughter.

Read the article here

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benOur managing partner Ben Rubinowitz and the Honorable Nancy Vaidik, Chief Judge of the Indiana Court of Appeals will direct the National Session of the National Institute for Trial Advocacy (NITA) in Boulder Colorado from July 22nd to July 30 2015. ” Together Rubinowitz and Vaidik have invited some of the best trial lawyers, judges, and professors in the country, all of whom are also some of the best teachers of trial advocacy in the country.”  Participants will have the opportunity to use NITA’s learning-by-doing method to practice and perfect their skills in the art of persuasion and trial advocacy with an outstanding faculty.  Participants will be personally coached on speaking well by Brian Johnson and Marsha Hunter, authors of “The Articulate Advocate” and communication experts extraordinaire. Students will also have the opportunity to practice and master isolated trial skills in a dedicated drill room.

To read more about this program and to register click here

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Polack and Lerner83% of women and 32% of males who have developmental disabilities are victims of sexual assault. Adolescent and young adults are the most at risk. Government policy recommends a shift from institution-based care to specialized care provided within the community, where persons with developmental disabilities may have the opportunity to live independently in the least restrictive setting. Transitioning developmentally disabled people from institutions to the community seems to be a positive choice, however there is a risk that the oversight and support care for this vulnerable population in the community may not be sufficient, opening the door to possible abuse and neglect according to an article written by Daniel Pollack a professor at the School of Social Work at Yeshiva University in New York and Jonathan Lerner in Youth Today.

Read the complete article here