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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Failure to diagnose Marfan Syndrom (MFS) may be medical malpractice that can have severe medical consequences and sometimes lead to death. It can also destroy the lifestyle of individuals and their familes.

In a recent article, Sandra G. Boodman, from the Washington Post, writes about Kevin Songer, a 54 year old man from Florida who underwent heart surgery and endured 50 years of pains and anxiety before a doctor correctly diagnosed him with Marfan Syndrom.

Marfan Syndrom is a genetic condition that affects the connective tissue. It is usually passed from parents to children. Indivuduals suffering from Marfan Syndrom are usually very tall and thin with longer than usual arms legs fingers and toes. Marfan Syndrom can cause dental and bones problems, eyes problems, blood vessel changes, cardiomyopathy, aortic root dilatation, arrhytmia as sometimes lung and skin changes. Even though there is no cure for MFS, early diagnosis can significantly increase the life expectancy of individual suffering from this condition.

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Defective%20Kettle.jpgYou won’t believe how many things can go wrong with this simple kettle: the spout is defective and water can spill posing a burn hazard, the steam can travel up to the handle and burn your hands. Additionally the leaking steam can prevent the kettle from whistling and if all the water evaporates the kettle may actually melt on your stove!

If you recently bought a Chefmate Tea Kettle at Target please stop using it immediately. This defective product has been recalled because it poses a serious burn hazard. For more info visit the Consumer Product Safety Commission website

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NFL%20Brain%20Injury.jpgNew research from the Center for the Study of Traumatic Encephalopathy that looked at 36 male athletes diagnosed with Chronic Traumatic Encephalopathy (CTE) identified two distinct type of symptoms for the disease. A group of 22 athletes had behavioral and mood disorder developing at a younger age and the other group of 11 athletes had cognitive impairment developing at an older age. The study published in the Online edition of Neurology was led by Dr. Robert Stern, a Professor of Neurology and Neurosurgery at Boston University School of Medicine (BUSM), and Co- Director of the Center for the Study of Traumatic Encephalopathy.

Check the video below or go to “Game Changer” if you want to know more about CTE and the activity of the Center for the Study of Traumatic Encephalopathy.

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Yesterday a 20 year old construction worker was severely injured when a wall collapsed at a construction site at an apartment building in Washington Heights, New York City according to theDaily News

Falls are the leading cause of death in construction accidents and the cause of many traumatic injuries. According to the most recent statistics available 259 construction workers died in 2011 after they fell. This number represent 35% of the 738 fatal construction accidents in 2011. To reduce this number OSHA has been running a fall prevention campaign that started in April 2012 and is still ongoing.

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New data from New York DOH unveil mortality rates for cardiac surgery by hospitals and by type of procedure. Even though some procedures are by nature riskier than others, New Yorkers suffering from heart conditions should understand that not every hospital offers the same level of safety.

Based on the data provided by The New York State Health Department here are some of the findings:

Valve surgery is the riskiest type of cardiac surgery with a mortality rate of 4.59% for New York State between 2008 and 2010. PCI or Percutaneous Coronary Intervention, sometimes also called coronary angioplasty or coronary stenting is the less risky of all types of cardiac surgeries as long as it is a planned surgery. It becomes riskier when it is an emergency procedure.

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The following graphs show the mortality rate by hospital for the various type of procedures. Because some hospitals may deal with riskier cases than others the graphs show 3 types of mortality rates:
Continue reading →

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A taxi jumped a curb yesterday in New York City at Rockefeller Center stricking a British tourist and severing her left leg and severely injuring the other. Her foot was recovered at the scene and doctors at Bellevue Hospital tried in vain to reattach it. The 24-year-old cab driver, Faysal Kabir Mohammad Himon of Queens lost the control of his car during a road-rage duel with a bike messenger. Himon who has a hack license but wasn’t authorized to drive the cab had a history of negligent driving. He was previously involved in a car accident injuring one person in 2010 and had many traffic violation on his record.

For more see Daily News

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In Rodriguez v DRLD Dev., Corp., 2013 NY Slip Op 05548, The New York Appellate Division, First Department reversed the lower Court’s granting of summary judgment on her Labor Law § 240(1) claim holding that “it cannot be determined, on the extant record, whether plaintiff’s injuries were proximately caused by the lack of a safety device of the kind required by Labor Law § 240(1).” The plaintiff while working on a construction project tripped on a metal cable, dislodging a pile of sheetrock boards, which stood approximately eight feet high and were leaning against a wall, not in use. Plaintiff attempted to stop boards from falling with her hands and head, but she could not support their weight, and suffered injuries. This case illustrates the importance for a plaintiff to set forth the type of safety device that would have prevented the accident. Had this proof been offered the plaintiff would in all probability have won the motion since the Court stated as follows;

“The Supreme Court correctly held that section 240(1) applies to this case even though the sheetrock that fell upon plaintiff was located on the same first-floor level as plaintiff (see Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 18 NY3d 1 [2011]), and was not being hoisted or secured (see Fabrizi v 1095 Ave. of the Ams., L.L.C., 98 AD3d 864, 865-866 [1st Dept 2012]). We find no inconsistency between plaintiff’s deposition testimony and her averment that at the time the sheetrock fell on her, it was leaning against the wall and resting atop blocks of wood approximately two feet high, a sufficient height differential to implicate § 240(1)’s protections (see Lelek v Verizon N.Y., Inc., 54 AD3d 583, 584 [1st Dept 2008]).” Fortunately, for the plaintiff the 240(1) claim was not dismissed.

Compare this to Hugo v Sarantakos, 2013 NY Slip Op 05512, Appellate Division, Second Department in which The Court dismissed the plaintiff’s 240(1) claim. According to The Court “…the plaintiff, while standing on the second-highest rung of a 24-foot extension ladder, which he owned and brought to the work site, lost his balance and fell to the ground, allegedly sustaining serious injuries. Prior to the accident, the ladder did not move or slip, and it remained in an upright position after the plaintiff fell off of it.” In dismissing The New York Labor Law Section 240(1) claim the Court opined;

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Nine Lawyers from The New York Personal Injury Firm, Gair Gair Conason Steigman Mackauf Bloom&Rubinowitz were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.

Jeffrey B. Bloom, Seymour Boyers, Anthony H. Gair, Howard S. Hershenhorn, Jerome I. Katz, Stephen H. Mackauf, Ben B. Rubinowitz, Ernest R. Steigman and Richard M. Steigman were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.

The above lawyers were selected in the following practice areas:

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Char-Broil has received 26 reports of defective products including four reports of burns, including one with burns to the nose, chin and hair, and seven other reports of “burned” or “singed” hair. Reports indicated that the burner flame was going out and then unexpectedly reigniting when the consumer turned the control knob to “OFF.”

Two models are being recalled: the model 240 Full Size grill and the model 180 Table Top grill. Consumers should stop using the product and contact the manufacturer for repair.

Defective%20Char-Broil%20240%20Full%20Size%20Grill.jpgDefective%20Char-Broil%20180%20Table%20Top%20Grill.jpg