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 recognition of his success in the Courtroom, Ben Rubinowitz has been asked to lecture to students attending St. John’s Law School on February 28, 2011. Not only will Ben lecture to the students but he will demonstrate successful cross examination techniques in cases in which Ben has obtained multi-million dollar awards for his client’s. The topics include:

1. cases involving Medical Malpractice— the failure of doctors to timely and appropriately diagnose cancer as well as negligence in conducting surgery and surgical errors;

2. Construction Site Accidents — The failure of General Contractors and Owners to provide a safe place to work resulting in injury and death to construction workers;

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Gloria Aguilar was awarded $27 million
Gloria Aguilar was awarded $27 million

The Appeals Court in New York, known as the Appellate Division, First Department, allowed a total damage award of 18.5 Million Dollars for a woman who lost her leg as a result of the negligence of a bus driver employed by the NYC Transit Authority. The injured woman, Gloria Aguilar, was injured when she was crossing the street in Manhattan. Her left leg was traumatically amputated. This award is the largest ever allowed in the country for this type of injury. Our Partner, Ben Rubinowitz , tried the case in New York Supreme Court and argued the appeal for the injured plaintiff. 2011 Slip Opinion 01117. The case has been widely reported throughout the country.

According to Ben Rubinowitz, ” Our firm is particularly well equipped and staffed to handle cases of this magnitude. We specialize in catastrophic personal injury cases. We are always willing to work harder than anyone else and take the case to verdict to make sure our client’s receive the best possible award. Richard Steigman wrote a powerful and compelling brief. I am delighted that the Appellate Court saw fit to allow this type of damage award. Ms. Aguilar suffered life changing injuries. She was a pedestrian crossing the street when she was struck by the bus. We prepared the case with extreme attention to detail and fully protected our client’s rights and interests. ” In describing his job as a Trial Lawyer, Ben Rubinowitz said, ” A Trial Lawyer must at all times fight for his client’s plight. If the offer to settle is insufficient, this firm is prepared to go the distance. We will not sleep until we achieve the best result we can. The Transit Authority’s offer was insufficient and we insisted on taking the case to verdict. ” GGCSMB&R has some of the finest lawyers in the field of Personal Injury. It is the only Plaintiff’s Personal Injury Firm with 10 Lawyers Listed in the Best Lawyers in America.

$27.5 million payout for mom who lost leg to bus, New York Daily News, April 17th 2009

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Glens Falls Hospital
Glens Falls Hospital

Dr. Stephen Serlin, an obstetrician-gynecologist, has been ordered to pay $3 million for medical malpractice for brain injuries sustained by a girl during childbirth over 17 years ago. Those injuries have been blamed for serious development problems, including cerebral palsy, during the child’s life.

For Serlin, the most damaging event in the trial was testimony that showed he had arrived two hours late for the preparation of a Cesarean section. The plaintiff claimed this delayed the operation and resulted in the serious brain damage. The plaintiffs presented testimony from an expert that showed the girl suffered “fetal asphyxia” in the womb during the delay.

The verdict can be appealed.

Glens Falls doctor ordered to pay $3 million in malpractice decision, Popstar, February 2, 2011

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Ben Rubinowitz
Ben Rubinowitz

Our partner, Ben Rubinowitz, has, once again, been asked to chair the prestigious “Masters Seminar” presented by the New York State Trial Lawyers Institute. Recognized as a leading trial lawyer, Ben has obtained numerous verdicts in excess of one million dollars and a significant number of verdicts in excess of ten million dollars in cases stemming from car accidents, construction accidents, civil rights violations and medical malpractice cases. Among the many lawyers joining Ben at this seminar is his partner, Robert Conason. “I am delighted to chair this program and am especially pleased to have Bob Conason join me along with many other superb lawyers.” In describing the program Ben said: “This is one of the only programs where top lawyers actually demonstrate what they did to achieve such superb results at trial and how they dealt with the problem areas. It is designed to help lawyers of all skill levels obtain the best results for their injured client’s.”

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Seatbelt manufacturer sued
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The family of a deceased woman has filed suit against a seatbelt manufacturer in Texas federal court. The suit alleges her seatbelt failed to meet safety standards required at the state and federal level and by the manufacturer’s own internal requirements.

Sandra Dozier was driving a 1998 Pontiac Grand Prix when she lost control of the car and it rolled over. She was killed in the accident despite wearing a seatbelt. TRW Vehicle Safety Systems is the manufacturer accused of producing an unreasonably dangerous restraint system.

The suit seeks damages for loss of care, loss of companionship and society, mental anguish, medical and funeral expenses, interest and court costs, among other losses.

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Watts/Daily News
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Four employees of New York’s Rikers Island prison are suing the city for cancer-related illnesses they claim were caused by exposure to toxic substances on the job. Most of prison is built over a landfill.

The employees, along with the widow of another employee, say the city knew of the danger but neglected to warn its workers. A claim the city denies.

Correction Officer Vanessa Parks told The New York Daily News, “That island is toxic and it’s killing people.” She was diagnosed with uterine cancer two years ago.

More than 8,000 correction personnel work on Rikers Island.

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Waldorf-Astoria
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A guest who stayed at New York’s famous Waldorf Astoria hotel claims she was bitten multiple times during a 2007 visit. Svetlana Tendler, a doctor, is the third person to file a personal injury lawsuit against the storied hotel for bed bug related injuries, as reported by The Gothamist.

The suit is in the amount of $10 million for damages and plastic surgery to address scaring. Her lawyer claims the bites caused “a serious infection and significant prominent scarring.” The medication she received over the recovery period also resulted in a fungal infection of the face. According to the suit, Tendler spent the past 3 years trying to get the hotel to reimburse her medical costs in order to avoid a costly legal battle. All she received from the Waldorf was a letter asserting there were no bugs in her room.

in November, a Michigan couple also filed a bed bug lawsuit against the hotel.

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Mt. Sinai Medical Center
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On January 12, 2011 Ben Rubinowitz will deliver a Grand Rounds lecture for the Department of Radiology at Mount Sinai Medical Center. Mr. Rubinowitz, an expert in his field in representing severely injured patients, has been asked to lecture to Attending Physicians and Residents on the subject of Medical Malpractice. Interestingly, Mr. Rubinowitz does not represent doctors. He represents the victims of Medical Negligence and has achieved very substantial verdicts on their behalf. Known for sharing his knowledge in the field, Ben feels it is important to partake in such lectures. “In every Medical Malpractice case that we have handled, we are always talking about events that have occurred after the fact. It is too late to undo the harm that has taken place — the patient has been seriously injured. If lectures like this provide guidance that prevent medical negligence from occurring at the outset, we’re all better off.” Later this month Ben will be delivering a similar lecture at the National Urologic Forum.

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750px-PA-366.svg.pngJeffrey and Diana Acre have filed a wrongful death lawsuit against the Pennsylvania Department of Transportation over the 2009 death of their daughter. They allege that PennDOT’s poor design and maintenance of Route 366 in New Kensington was a contributing factor in the death of 16-year-old Kylee Jo.

In the lawsuit filed in Westmoreland County Court, the parents blame PennDOT for not filling in a steep, 4-inch rut between the road and the shoulder. The suit says the design flaw is even more dangerous because the dropoff is located on a curve.

Kylee Jo was a front-seat passenger in an SUV that slammed into a guardrail. She was not wearing a seatbelt. The driver of the vehicle, Jonathan Patrick O’Sullivan, was speeding and under the influence of alcohol at the time of the accident. He was charged with vehicular homicide, drunken driving, speeding and several related crimes.