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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TMJ DisorderThe recent investigative piece by KFF Health News and CBS News on the daunting realities faced by patients with temporomandibular joint (TMJ) disorders sheds light on a deeply troubling aspect of healthcare. The narrative, meticulously detailed through the experiences of patients like Lisa Schmidt and Jenny Feldman, echoes a recurring theme of misdiagnosis, ineffective treatments, and, most distressingly, a lack of accountability in the medical community. As medical malpractice attorneys, we see these stories not just as tragic accounts of individual suffering but as symptomatic of systemic failures in medical research, regulation, and treatment protocols.

The TMJ disorders, affecting up to 33 million Americans, exemplify a medical condition that has been marginalized and insufficiently researched. The journey of patients like Feldman, who has undergone at least 24 TMJ-related surgeries with little to no relief, underscores the dire need for a paradigm shift in how the medical community approaches TMJ. The investigation rightly points out that despite nearly a century of attempts to treat TMJ, the disorder remains widely misunderstood, and treatments often do more harm than good.

Patients trapped in a cycle of futile surgeries highlight a critical area of concern: the ethical responsibility of healthcare providers

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Postoperative_X-ray_of_normal_knee_prosthesis,_lateral_viewAn investigation presented at the American Academy of Orthopaedic Surgeons meeting in February 2024, delivers a compelling narrative on the comparative outcomes of robotic-assisted knee replacement surgeries versus the conventional approach. As surgical malpractice attorneys entrenched in the intersection of medical innovation and patient outcomes, this study serves as a crucial touchstone for understanding the potential implications on patient care and legal practice.

At the heart of the discussion is the study’s revelation: robotic assistance in cementless total knee replacement surgeries does not significantly decrease the likelihood of patients requiring revision surgery within two years when compared to manual methods. This conclusion draws attention not only for its clinical implications but also for its potential to reshape perceptions of medical negligence in the context of emerging surgical technologies.

The research analyzed 9,220 cementless total knee arthroplasty (TKA) procedures recorded in the American Joint Replacement Registry from January 2017 to March 2020. The finding that both robotic-assisted and manual knee replacements had similar rates of implant loosening and infection challenges the narrative that robotic assistance inherently enhances surgical precision and patient outcomes.

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Assembly Member Rodneyse Bichotte Hermelyn fights for better maternal careAssembly Member Rodneyse Bichotte Hermelyn was recently interviewed by  New York Family. Her advocacy and personal experiences shine a critical light on Maternal Health issues. As birth injury and maternal death attorneys dedicated to the protection and advancement of maternal health rights, we find Rodneyse’s story not only compelling but also deeply instructive.

Rodneyse Bichotte Hermelyn, serving as the Assemblywoman for New York State’s 42nd Assembly District and the Brooklyn Democratic Chair, has positioned herself at the forefront of the fight against the maternal health crisis affecting minorities. Her efforts are underscored by a painful personal narrative—a pre-term pregnancy loss that highlighted the stark deficiencies in maternal healthcare and communication. This experience catalyzed her commitment to improving maternal healthcare through legislative action, culminating in the enactment of the “Jonah Bichotte Cowan Law.”

Legal Implications and the Role of Attorneys

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location of the deadly box truck hit and run accident in QueensLast Sunday afternoon near JFK Airport, a devastating accident claimed the life of 68-year-old U Fo Ng. Mr. Ng was parked along the shoulder of the Nassau Expressway when an unidentified box truck driver veered off the road, striking his Honda CRV in a lethal collision. The driver, in a flagrant disregard for human life and legal obligation, chose to flee the scene.

As attorneys specializing in truck accidents, this tragic accident underscores the devastating impact that negligent driving and hit-and-run behavior can have on victims and their families. The loss of U Fo Ng is not just a statistic; it represents a profound personal tragedy for his loved ones and a grave injustice that demands legal redress.

The Legal Ramifications of Hit-and-Run Accidents

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NYC accident sceneIn the span of just two days, the East Side of Manhattan has witnessed three alarming accidents where pedestrians were struck by cars, highlighting a disturbing trend of vehicular accidents in one of the busiest areas of New York City. As New York pedestrian accident attorneys dedicated to advocating for the safety and legal protection of individuals on foot, we are compelled to address these accidents and the urgent need for enhanced pedestrian safety measures.

Accident One: A Close Call in Midtown Manhattan

On Monday morning, a 40-year-old female driver, navigating her SUV northbound on Third Avenue, swerved to avoid colliding with another vehicle. In a harrowing sequence of events, her vehicle veered off the road at East 58th Street, striking a 22-year-old male pedestrian and crashing into sidewalk scaffolding. The impact, captured on video, left the SUV ensnared in the wreckage of the scaffolding, painting a stark picture of the chaos unleashed in mere moments. The young man was quickly transported to New York-Presbyterian/Weill Cornell Medical Center with a leg injury, the severity of which remains unclear. Miraculously, no criminality was suspected in the crash, and the driver remained at the scene, cooperating with law enforcement.

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NYPD misconduct cost a lot of money to New York tax payersAs attorneys dedicated to seeking justice for victims of police brutality, the recent tragedy involving the fatal shooting of Win Rozario by the NYPD resonates deeply with us. Our firm, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, has a long history of advocating for those who have suffered at the hands of law enforcement, including representing the family of Amadou Diallo, whose life was tragically cut short in a wrongful shooting by the NYPD.

The parallels between the cases of Amadou Diallo and Win Rozario are stark, illustrating the persistent challenges and injustices faced by individuals, particularly those from marginalized communities, in their interactions with law enforcement. Both cases involve young men of color who found themselves in vulnerable situations and encountered a lethal response from the very authorities meant to protect and serve.

Win Rozario’s family, much like the Diallo family, is left grappling with grief, trauma, and unanswered questions in the wake of this senseless tragedy. Our role as their legal representatives goes beyond seeking financial compensation; it is about holding accountable those responsible for Win’s death and advocating for systemic reforms to prevent similar incidents from recurring.

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Rikers_Island Aerial ViewAs adult sexual abuse attorneys deeply committed to seeking justice for survivors, we find ourselves compelled to address the disturbing revelations unearthed by a recent investigation into Rikers Island. The report, brought to light by Gothamist, exposes a distressing pattern of alleged misconduct and sexual assault within the walls of this troubled jail complex. The ramifications of these allegations are profound, prompting a vital dialogue among New York state lawmakers, city officials, and advocacy groups about the urgent need for legislative action and accountability.

The cornerstone of this discussion lies in the proposed reopening of a legal window that would afford sexual abuse survivors additional time to file claims. The Adult Survivors Act, which opened a one-year window for victims to seek civil recourse outside the statute of limitations, closed in November. However, with the emergence of these distressing allegations, lawmakers, including Assembly member Linda Rosenthal and Sen. Brad Hoylman-Sigal, are rightfully advocating for the reinstatement of this crucial provision. Such a measure would not only provide a lifeline for survivors who were unable to come forward within the previous timeframe but also signify a commitment to confronting systemic issues within our correctional system.

Councilmember Sandy Nurse’s call for oversight hearings represents a pivotal step towards accountability. By scrutinizing the systemic failures that have allowed sexual abuse to fester within Rikers Island, we can begin to unravel the layers of negligence and complicity that have perpetuated this cycle of harm. It is imperative that city officials, including Mayor Eric Adams and Department of Correction Commissioner Lynelle Maginley-Liddie, take decisive action to address these deeply entrenched issues and devise comprehensive strategies for reform.

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Law-Dragon-final-CopyAt Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, we are thrilled to announce that several of our esteemed attorneys have been recognized in The Lawdragon 500 Leading Plaintiff Consumer Lawyers for 2024. This prestigious acknowledgment underscores their unwavering dedication to seeking justice for those who have suffered from injustice and tragedy. Congratulations to Marijo Adimey, Jeffrey Bloom, Diana Carnemolla, Christopher Donadio, Howard Hershenhorn, Ben Rubinowitz, and Peter Saghir for this well-deserved honor.

Their commitment to tirelessly advocating for the rights of the injured and wronged embodies the core values of our firm.

Consider the scenarios that these lawyers confront with courage and determination:

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manolos-truckingAs dump truck accident lawyers, we have seen far too many cases where negligence leads to devastating consequences on our roads.

Last Thursday, 58 year old Maria Piovanetti was crossing the intersection of Tilden Ave and Flatbush Ave in Brooklyn, NYC, with the light in her favor when the reckless driver of a dump truck who initially stopped decided to take off and ran the red light fatally striking the victim (see video below). 6  months earlier the exact same truck belonging to New Jersey  company Manolos Trucking killed Kristina Naprawa, a crossing guard in Queens.

These two fatal accidents involving two different drivers working for Manolos Trucking highlights the pressing need for stricter oversight and accountability within the trucking industry.

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nursing home patients are more than ever at risk of neglect and abuseAs a lawyers specializing in nursing home abuse cases, we have seen firsthand the devastating impact of understaffing in skilled nursing facilities. It’s a crisis that affects not only the residents but also their families who trust these facilities to provide quality care. Therefore, when the House Ways and Means Committee voted to bar the Centers for Medicare & Medicaid Services (CMS) from finalizing staffing minimums, it sent shockwaves through the advocacy community.

President Joe Biden’s proposed staffing standards, announced during the 2022 State of the Union, were a beacon of hope for many vulnerable seniors and their loved ones. The plan aimed to ensure that nursing homes provide a minimum of three hours of care per resident per day, with a significant portion of that time coming from registered nurses. Additionally, it mandated that at least one registered nurse be on duty at all times.

However, the road to implementing these crucial standards has been riddled with obstacles. Opponents argue that requiring nursing homes to increase staffing levels amidst nationwide shortages would lead to closures and limited care options, particularly in rural areas. But what about the residents who rely on these facilities for their daily needs?