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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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

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Shulem Benyosef suffered fatal injuries after he fell from a ladder at a construction site in Brooklyn, NYC. the 44 year old man was married and the father of two children. He was working on a rooftop at 449 20th Street in Windsor Terrace in Brooklyn when the accident happened.  Shulem was standing on the ladder when he fell from at least 30 feet. Paramedics found him on the ground with serious head trauma. He was transported to the hospital where he later died from his injuries.

Read more in JP Updates and  the NY Daily News

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Heat map Cross Bay Blvd and Liberty AveAn 88 year old woman was killed in  a car accident in Queens, New York. The woman was driving North on Cross Bay Blvd at Liberty Ave when she hit a pillar of the elevated A line subway train tracks.  She suffered critical injuries and died 4 days later at the Hospital. The Police are still investigating the cause of the crash. The NYC Crash mapper heat map shows that the area is a dangerous spot where many accidents have occurred in the past. Between August 2011 and February 2014 44 collisions happened there and 5 pedestrians, 1 cyclist 4 passengers and 5 drivers suffered personal injury.

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A doctor who prescribes opioids to a patient with a history of abuse, fails to closely follow up with a patient who exhibits addictive behavior or disregards family concerns or warnings from other professionals such as pharmacists or primary physicians could face medical malpractice  and/or wrongful death litigation, criminal prosecution, and a disciplinary proceeding by the State Medical Board.

In New York City, deaths related to opioid analgesics have increased 256% from 2000 to 2013 in Manhattan, Staten Island and the Bronx are the most affected of the 5 Boroughs. To fight this epidemic, the New York Sate Department of Health is launching a Bronx detailing campaign during which representatives will visit more than 1000 doctors to educate them about about safe and judicious opioid analgesic prescribing. A similar campaign in Saten Island in 2013 lead to a reduction of 29% of overdose deaths from opioid analgesics.

Read the press release from the New York Health Department

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