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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A New York mother and her two children suffered serious personal injury after being bitten by a dog Saturday morning. The mother was taking a stroll with her two kids on the Rockaway Boardwalk in Queens when a stray Rottweiler attacked them and viciously bit them.  Neighbors and the police rushed to the scene of the attack, alerted by the scream of the 31 year old mom. When the police arrived she was lying face down on the ground in the snow with a Rottweiler on her back. The two children, 4 and 10 years old, were nearby, bloody and terrorized, helplessly looking at the scene. According to neighbors, the police had no other choice but to shoot and kill the dog. Police said that the mother suffered deep wounds on her face and hands and the children suffered bites on their hands and arms. They were all transported to the hospital.

 

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Several people were taken to the hospital after being badly injured in a car pile-up. The accident happened Sunday around 5:00 am  in the Prospect-Lefferts Gardens section of Brooklyn, NYC. According to witnesses, a car tried to pass another car by using the left lane to allegedly beat a red light when the driver lost control of his vehicle and hit another car triggering a chain reaction between five vehicles. Some of the vehicles occupants who were injured were stuck in the crashed cars and had to wait for the NYC Fire Department to cut through the cars to extricate them and transport them to hospitals.

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brNew York Personal Injury Lawyer Ben Rubinowitz will be a speaking on “Openings and Closings: Advocacy and Argument” at the New York City Bar program “Anatomy of a Trial: Tips & Strategies to Win Your Case”. This seminar will take place Monday, April 27th 2015 from 6:00 pm to 9:00 pm at the New York City Bar, 42 West 44th Street, New York, NY.

Hon. Sarah Netburn , United States Magistrate Judge United States District Court, SDNY and Philip R. Schatz from Wrobel Schatz & Fox LLP will co chair the seminar. The other faculty members are  Sheila S. Boston, Kaye Scholer LLP, Rosemary M. Nidiry, Assistant United States Attorney, Complex Frauds Unit, SDNY, David E. Patton, Executive Director, Federal Defenders of New York, Southern & Eastern Districts Hon. Herbert J. Stern, Stern & Kilcullen LLC, Former Assistant District Attorney, New York County and Richard A. Williamson, Flemming Zulack Williamson Zauderer LLP.

As Judge Herbert Stern notes in his classic Trying Cases to Win, most of us stumble out of schools of law and into courts of law, with little knowledge of how actually to try a case. And few tasks are as intimidating as presenting a case to a jury. But trial practice can be learned and mastered. In this program, leading trial advocates and experienced judges will teach the basics of a federal trial, from voir dire to verdict, and share their “how-to” tips and tricks for victory in the courtroom.

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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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