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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Daniel+Pollack-1Rural America may seem idyllic but  children living in these areas have a higher risk of being maltreated and are more vulnerable to death from injuries then children living in urban settings. According to recent data, rural children have twice the rate of overall maltreatment as the general population. The risk of sexual abuse, emotional abuse and neglect as well as physical abuse is much higher for those living in rural area than in urban areas.

These children need to be protected and represented by experienced lawyers who can can communicate with children in order to proprely assess their well-being, are technology savvy, develop relationship with community organizations to access their resources, exercise care if any conflict of interest arises and are knowledgeable about  states mandatory reporting requirements.

In a recent study that was published in the March edition of the ABA Child Law Practice, Cameron R. Getto and Daniel Pollack, a professor at the School of Social Work at Yeshiva University in New York look at the most recent child maltreatment trends in rural areas and offer advice on how to address challenges when representing these children. For a copy of the article contact Professor Pollack.

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CREPatients and family of patients that have been infected by contaminated duodenoscopes at UCLA Hospital started  to file product liability lawsuits against Olympus, the manufacturer of the medical devices. 18 year old Aaron Young was the first one to file his lawsuit. The high school student is still hospitalized and receiving treatment for  carbapenem-resistant Enterobacteriaceae (CRE), a bacteria highly resistant to antibiotics that can kill up to 50% of patients infected. The family  of Antonia Cerda who died in the same hospital after contracting the “superbug” also filed a lawsuit against Olympus for wrongful death, alleged negligence and fraud. Antnonia Cerda was 48 year old and the mother of 4 children.  Both lawsuits have not yet named UCLA as the hospital said the cleaning protocol provided by Olympus was applied.

Today CNN announced that the duodenoscopes used in the procedures that spread the superbug were indeed not approved by the FDA. Olympus started to sell the TJF-Q180V duodenoscope in 2010 without  asking for clearance and the FDA did not become aware until the end of 2013 or beginning of 2014.  Olympus said it didn’t think it needed the FDA’s permission to sell the device, but now at the request of the agency, it has applied for that permission. That application is still pending. Read more on the CNN website

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cme-concussion-2015-std-canonicalEvery day students from elementary school to college are sustaining concussions during sport or playground activities.  A concussion is a type of traumatic brain injury that can affect the student’s cognitive, physical emotional and sleep functions.  Recent research has shown that knowledge of a concussion’s potential effects on a student and appropriate management of the return-to-school process is critical for helping students recover from a concussion.  Clinicians and school personnel who are  are involved in the management of care for students with concussion can attend a one day conference on this subject organized on May 9th by the Children Hospital of Philadelphia. Click here for more info and to register. For detailed information on Traumatic Brain Injury see the CDC related web page.

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A 42 year old woman was loading her luggage in the trunk of a cab when she was hit by another cab that crashed into her and pinned her between the two vehicles. A witness who saw the crash said that the taxi crushed the leg of the woman who fell on the ground in extreme pain. The witness also stated that she lost a lot of blood. She was taken by ambulance to the hospital in critical condition. Both taxi drivers remained at the scene and none of them was charged as the police were till investigating the cause of the accident. This morning’s icy and slushy weather may have played a role in the crash. According to the sister of the victim, the woman was on her way back to California after she came to New York for the wake of a friend who was sick and had just passed away. Read more in the NY Daily News 

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Since last August in New York, the new Right of Way Law makes it a criminal misdemeanor for drivers to strike pedestrians or cyclists who have the right of way. Multiple drivers including 6 bus drivers have been charged and arrested for violating this law. Queens Coucilman Rory Lancman who was a supporter of the Right of Way Law when it came into effect is now saying that cops may have been over applying the law and is considering an amendment. Read more in StreetBlog

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NSC35,400 people died and 4.3 million people suffered personal injury that required medical attention last year on American roads according to preliminary statistics from the National Safety Council (NSC). The number of crash fatalities is 0.5% higher than in 2013 however because 2014 was a year of economical expansion during which the estimated mileage on US roads increased 1.4%, the estimated annual mileage death rate was 1.18 deaths per 100 million vehicle miles traveled, a decrease of 1% from the 2013 rate. It is also the lowest NSC preliminary estimate ever recorded. The number of personal injuries that occurred during a crash in 2014 was unchanged.  Read more in Automotive Fleeet

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In February 2013, a 64 year old female resident of a New York nursing home was sexually abused by a 42 year old male nurse.  After the case was adjourned several times (see previous blog), Nanic Aidasani pleaded guilty Monday at the Bronx Supreme Court to endangering the welfare of an elderly person and sex abuse. The plea will send him to jail for six months. He will also be registered as a sex offender and be stripped of his nursing license.  The family was happy that the case was finally closed but they found the sentence too lenient. Read more in the NY daily News

 

 

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Dangerous IntersectionA tractor trailer fatally hit a young man who was crossing a street in the Bronx, NYC, Tuesday night. The truck accident happened around 10.20 pm. 20 year old Kenny Valette was crossing Webster Ave near E. 174 Street when he was struck by a large truck that was making a right turn from the Cross Bronx Expressway exit ramp. The drivers remained at the scene while Valette was transported to the hospital where he died from his injuries. Read more in the NY Daily News.

According to NYCcrashmapper.com, 1 pedestrian, 11 passengers and 3 vehicle drivers suffered personal injury in 29 collisions that took place  at the intersection of East 174 street and Webster Ave between August 2011 and February 2014. As shown in the Heat map this intersection is very dangerous.

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Build Safe NYCThe NYC department of Building just announced that the Construction Safety week will start Monday April 27th 2015 with the Build Safe / Live Safe conference. In this daylong series of seminars, Department experts will discuss industry trends and highlight safe construction operations.  Professional credit will be available. Tickets can be purchased here.

 

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oxy Elite dangerous productThe FDA is asking consumers to stop using the weight loss product  Oxy Elite Pro Super Thermogenic after the agency found  that the product was tainted with fluoxetine, a potential harmful class of drugs called serotonin reuptake inhibitors (SSRIs). When used without doctor supervision, SSRIs can have serious side effects such as sucidal thougts, abnormal bleeding and seizure. SSRIS use can be deadly and result in ventricular arrhythmia or sudden death when mixed with other medications such as aspirin, ibuprofen, or other drugs for depression, anxiety, bipolar disorder, blood clots, chemotherapy, heart conditions, and psychosis. Read more in the FDA press release

It is not the first time that the FDA has discovered hidden ingredients in Oxy Elite Pro.  In october 2013, 1 person died and 11 suffered serious personal injury and had to be hospitalized for liver failure in Hawaii after they used Oxy Elite Pro. The product was subsequently pulled from shelves nationwide. (see previous blog)

 

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