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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New York Personal Injury Lawyer Howard HershenhornNew York Personal Injury Attorney Christopher DonadioOur partner, NYC Personal Injury Attorney Howard Hershenhorn assisted by Christopher Donadio is representing Kyle Green in a lawsuit against rapper Travis Scott and the New York concert venue Terminal 5. 23-year-old Kyle Green was left paralyzed after he fell from a balcony during Travis Scott’s concert on April 30 at Terminal 5 in New York.

Travis Scott concerts are infamously known to be wild and the singer himself  encourages fans to stage dive and surf the crowd. During the New York concert before Green was pushed from the third floor balcony, Scott put the spot light on a fan who was attending the concert from the first floor balcony and encouraged him to jump which the fan did. He said to the fan, “They going to  catch you, don’t be scared.” (see video below). Other fans then did the same.  Shortly after, Green who was watching the concert from the third floor balcony was pushed over the railing by the surging crowd. He fell and hit the floor. Security guards immediately surrounded him and Travis yelled at them to bring the fan to the stage. Green who was in tremendous pain was lifted up, pulled around and dropped in front of the stage without using any backboard or neck brace. Then Scott gave him his ring.

Kyle Green is now in a wheelchair. He suffered serious injury that includes fractured vertebrae, a broken left wrist and fractured right ankle.  The injuries required surgery and he was left paralyzed on his left side and must get around in a wheelchair. He had to quit school and move out of his Brooklyn apartment to go live with his parents in Dutchess County.

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New York Wrongful death Attorneys Ben Rubinowitz and Peter SaghirOur New York Personal Injury Attorneys Ben Rubinowitz and Peter Saghir  recently obtained a $41.5 million Verdict for the wrongful death of a City sanitation worker who was struck by a sweeper truck.
43-year-old Steven Frosh, a City worker died on the job in 2014. He left behind a wife and 4 children aged 7 weeks, 3, 8 and 11 year-old. At the time of the accident, Mr. Frosh was in a city garage in Maspeth. He was making adjustments to his street sweeper truck when he was fatally hit by another street sweeper. He suffered excruciating pain for 2 to 3 minutes before succumbing to his injuries.
His wife, Bina Frosch, sued the City of New York for the negligence and carelessness of the worker driving the sweeper truck.
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deblasioToo many construction workers die or are getting injured on the job in New York City. A majority of fatal construction accidents occur at non unionized sites. Most of them can be prevented if workers observe basic safety rules. Unfortunately too often construction workers are not proprely trained about the dangers of working on construction sites. Many greedy contractors or developers hire cheap immigrant workers with little to no experience who get injured or even die in accidents because they haven’t been proprely trained.

To curb the recent increase of deaths on NYC construction sites,  Mayor de Blasio signed yesterday “Intro. 1447-C” a bill requiring each construction worker to attend 40 hours of safety training to be able to work at a New York construction site. “For the hard-hats in one of our city’s most dangerous jobs, this bill will help get them home to their families at night and keep the general public safe around construction sites. I want to thank Speaker Mark-Viverito and the Council for bringing this legislation into fruition and helping making our city even healthier, fairer and safer city for all.” said Mayor de Blasio in his press release.

The bill was supported by the construction workers unions but most of the contractors and the real estate industry opposed it. They argue that it would be expensive and that the timeline was impractical.  However, according to Councilman Jumaane Williams (D-Brooklyn), a sponsor of the bill, the city will provide $5 million to help pay for the training for small companies and minorities.

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37,461 people died in car accidents in the US last year according to data released last week by the US Department of Transportation’s National Traffic Safety Administration. This number is the highest since 2007. Traffic fatalities rose 5.6% compared to 2015. This increase follows another 8.4% rise from 2014 to 2015.  Speeding, drunk driving and the lack of seat belts were the most common factors in the deadly accidents. Car accident deaths related to distracted driving and drowsy driving recorded a decline.

 

Top 5 factors of traffic accidents in the US

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New York Forklift Accident Attorney Christopher DonadioOur Construction Accident Attorney Christopher J. Donadio obtained a $1.1 million settlement in a construction accident that occurred in New Jersey.

The case involved a construction accident that occurred on April 15, 2015 on a construction site in Hackensack, New Jersey. On that date, the plaintiff,who was a worker on the job site, was struck by a large forklift, suffering injuries to his left leg and right ankle.

Due to the impact, the plaintiff was taken by ambulance to Hackensack University Medical Center. At the hospital, the plaintiff was diagnosed with fractures of his left leg and right ankle. As a result of the injuries, the plaintiff required a surgery to repair his fractured left leg, and required three surgeries on his right ankle.

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Jeffrey-Bloom2-150x150Our Partner Jeffrey Bloom on October 11th spoke at “Mount Sinai Update: Breast Imaging Conference” sponsored by The International Institute for Continuing Medical Education, Inc.

This CME program is designed to cover clinical aspects of breast imaging including digital mammography, breast ultrasound, breast MRI, and interventional procedures, as well as medicolegal issues. Jeff spoke to physicians regarding the plaintiff’s attorney’s perspective on breast imaging malpractice. Jeff has also spoken to emergency room physicians and neonatologists on medical legal issues.

He believes that it is part of our professional responsibility to educate physicians about medical malpractice, patient safety and how to avoid becoming a defendant in a medical malpractice case. Since joining the firm following his graduation from law school he has carved out a reputation as one of the top medical malpractice attorneys in New York.

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Since Vision Zero started in 2014 fewer people are dying in traffic accidents in New York City but more and more are getting injured. Vision Zero initiatives  helped decrease the number of pedestrian deaths and injuries however the number of motorists injured in car accidents in the city increased at an alarming rate over the last 3 years.

5,163 people suffered personal injury in motor vehicle accidents in New York City last August compared to respectively 5,383,  4,737, 4,445, 4,007 and 4,846 in August 2016, 2015, 2014 and 2013.  Since the month of May the monthly number of people injured in traffic accidents stayed above 5,000.  The same occurred last summer as well.

Injuries and deaths related to traffic accidents in NYC
Despite a decrease in both pedestrian and bicycle accident injuries over the last 3 years the total number of motor vehicle accident injuries continued to grow mostly due to a steady increase of motorist injuries over the last 3 years.

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accident sceneA pedestrian suffered critical injury after he was struck by a motorcycle in NYC yesterday. The accident occurred at the intersection of Pennsylvania Ave and Fulton Street near Highland Park in Brooklyn, NYC. A surveillance video from a nearby car wash shows the pedestrian waiting at the red light while a few cars are passing by and then starting to walk in the cross walk as the light was still red. Seconds later the pedestrian gets hit by a motorcyclist speeding North on Pennsylvania Ave.  The 28-year-old pedestrian flew in the air while the motorcyclist fell off his bike. Both were transported to a nearby hospital. The pedestrian is still fighting for his life while the motorcyclist  is in stable condition.

Read more ans see video in the NY Daily News

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DR samadi is suspected of medical malpracticeDavid Samadi, a star surgeon in New York is suspected of medical misconduct after investigators found that he had been booking 2 to 3 surgeries at the same time and let unsupervised and inexperienced residents handle them. An investigation by the New York State Office of Professional Misconduct is continuing. Residents also complained that they weren’t properly trained. The celebrity urologist is the Chairman of Urology and the Chief of Robotic Surgery at Lenox Hill Hospital in New York. He earned $6.7 million in 2015 as a specialist in robotic prostate surgery. The Boston Globe Spotlight Team has published a detailed account of his practices. Link below. They found that he keeps track of his robotic surgeries on a board in one of his operating rooms. They obtained a photograph of the board that listed 1,380 robotic surgeries between July 2013 and January 2017. According to The Globe investigation The American Urological Association investigated Samadi’s advertising practices based on complaints from other urologists causing him to scale back claims that he had cured 97 percent of his prostate cancer patients. Lenox Hill Hospital is making millions of dollars a year a from his surgeries.

The practice of double booking is not considered medical malpractice as long as the teaching physician is present during “the critical part” of the surgery. However in the case of David Samadi, it appears that the doctor would never show up during most non robotic surgeries and let residents handle them. According to data provided by the  hospital, David Samadi performed 2,200 operations in 3 years. That’s 733 operations per year and 2 to 3 operations every working day of a year. The Globe investigation found that operations were overlapping in 70% of the cases and hundreds of times one operation would completely overlap with another.  Most of the time overlapping procedures would occur when Dr. Samadi would be performing a robot-assisted operation. On his website the doctor tells patients “He remains the surgeon for the entire procedure and is in control of the robot at all times”.  If Dr Samadi is assisting during the entire procedure how can he at the same time be in another room supervising residents during “critical parts”? This is an example of placing money ahead of good patient care.

Read more in the Boston Globe 

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Morgan Wang suffered Spinal Injury in a NY Car AccidentBen Rubinowitz, managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf just obtained one of the largest verdicts ever in the Country for a Spinal Injury case. The Plaintiff, Morgan Wang, was awarded $71 Million by a Manhattan Jury last Thursday.

The case was tried before Supreme Court Judge James d’Auguste. After 3 weeks of trial, the Manhattan Jury awarded Ms. Wang a stunning amount of money to fully and fairly compensate her for injuries suffered in a car accident in New York in August of 2012. The jury awarded $5 million for her Past Pain and Suffering, 6 Million for her Future Pain and Suffering and 60 Million for her medical needs over her lifetime. “We put in an incredible amount of time and effort to make sure Morgan received Justice” said Ben Rubinowitz, who represented Morgan at trial, noting that “this young girl suffered life changing injuries.” She came to the right law firm. “We have a tremendous amount of expertise with Spinal Cord Injuries and no one will work harder or prepare for trialthe car after the accident better than us” said Rubinowitz.

The jury of 3 men and 3 women took two days to reach their verdict. Morgan suffered a fracture of her Lumbar Spine, often referred to as a broken back. Although she is now able to walk with braces, she still suffers from Neurogenic Bowel, a condition that makes it difficult for her to move her bowels.  As a result she will need continued medical and psychiatric care for the rest of her life. “Morgan is an amazing young woman” said Rubinowitz. “She refused to listen to her doctors at the trauma center who said she would never walk again. She overcame tremendous obstacles and worked through her pain at Mt Sinai Rehabilitation Center in Manhattan to learn to walk again. She is the epitome of someone who will never give up. I am proud of Morgan. She cares deeply about people and, to show you how remarkable she is, she now donates her time to help injured veterans. It was an honor to represent Morgan.”