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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truck%20inspection.jpgTo prevent truck accidents and protect public safety, truck drivers are required by law to conduct pre and post trip inspections and to file a Driver Vehicle Inspection Report (DVIR) after each inspection whether or not an issue requiring repairs is identified. The US Department of Transportation wants to change this rule and have truck drivers required to file a DVIR only if a defect or issue is found during the inspection.

DVIRs are daily lengthy paperwork for truck drivers and only 5% of them are reporting an issue. The Obama administration believes that a defect-only reporting system may lead to $1.7 billion in savings annually while not adversely impacting safety.

What do you think? Would truck drivers continue to diligently inspect their truck before and after a trip if they wouldn’t have to file a report or would this new proposal open the door to negligent behavior and increase truck accidents?

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Exposure to 1-Bromopropane (1-BP) can cause serious injury to the nervous system such as headaches, dizziness, loss of consciousness, slurred speech, confusion, difficulty walking, muscle twitching, and/or loss of feeling in arms and legs. The symptoms can persist even when the worker is not exposed anymore.

1-BP is a solvent that is used mainly in degreasing operations, furniture manufacturing and dry cleaning. Its usage has been growing for the last 20 years as it replaced other solvents. Some case studies in furniture manufacturing such as “Majersik JJ, et al” associated severe neurotoxicity with exposure to 1-bromopropane.

So far only California OSHA has specific exposure standards for 1-BP however “federal” OSHA is reminding employers that they are required by law to protect their employees from this recognized hazard.

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Recalls of patients after a mammogram have an occurrence rate of 12%. It is a very stressful experience for the patient and it adds to diagnostic costs. With tomosynthesis the recall rate can be reduced from 12% to 8% but the breast cancer detection rate doesn’t change significantly according to a new study lead by Dr. Brian Haas and Dr. Liane E. Philpotts, diagnostic radiology department of Yale University School of Medicine in New Haven, Connecticut, and published in the Journal Radiology.

Tomosynthesis allows for three-dimensional (3-D) reconstruction of the breast tissue. Screening is more accurate because superimposed and overlapping tissue can be removed from the view. The study also indicates that women younger than 50 years old and women with dense breasts are benefiting the most from tomosynthesis.

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A bridal party on a speedboat turned into a horrible tragedy when then intoxicated skipper of a of a 19-foot Stingray bowrider collided with a construction barge on the Hudson River near the Tappan Zee Bridge , north of New York City. The best man and the bride died in the accident leaving behind an injured and unconsolable husband-to-be.

Alcohol use is the number one contributing factor in deaths for recreational boating in the US.

Last year in New York 11 people died in boating accidents where alcohol use was cited as the primary contributing factor. This number is the highest among all states with a total of 140 deaths for the totality of the US territory in 2012.

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Lead poisoning is the primary environmental health threat to young children because they are more likely to put lead contaminated toys in their mouth than older children or adults. Lead poisoning does not cause immediate symptoms but it can permanently damage children’s brains and cause serious developmental problems.

The recent statistics from the U.S. Consumer Product Safety Commission (CPSC) on port surveillance show that during the fourth quarter of the 2012 fiscal year, toys containing lead represented 62% of the children products that have been refused at port entries because they were violating US safety rules or were found hazardous. A significant amount of children products with small parts representing a choking hazard and child care articles with excessive phthalate level were also kept away from young american customers. Children’s product represented 87% of all stopped products in the fourth quarter of the 2012 fiscal year.

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If you are considering buying a new car that is safe for you and your family, you should definitely look at some of the new American automakers models. According to Consumer Reports, the revamped 2014 Chevrolet Impala takes on the world. Other “Made in USA” models that have been receiving excellent ranking are the Chrysler 300, Ford Escape and Fusion as well as the Jeep Grand Cherokee.

The Chevy Sedan improvement is a real surprise. Its ranking went from 64 to 93 to become the ConsumerReports’ highest scoring sedan, a ranking never achieved in the last 20 years by an American sedan.

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An elderly woman with an history of pancreatitis was admitted for an emergency laparotomy after she showed symptoms of acute abdominal pain, nausea and vomiting. The diagnosis was small bowel obstruction. Her heart stopped during anesthesia and she had to be resuscitated and sent to the ICU. She died there the day after. The hospital’s case review committee concluded it was a misdiagnosis: the patient suffered acute pancreatitis and not a small bowel obstruction therefore surgery was contraindicated and death could have been prevented. This type of cases raises questions about the decision process in emergency surgery, specifically for elderly people. The complete case as well as a medical commentary, references and World Health Organization Surgical Safety Checklist can be found at Web M&M.

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Doctors should be vigilant when they decide to send home some pediatric cancer patients who still need to use a central venous catheter for their treatment. Because the central line is a tube that is placed directly into a major blood vessel, it can easily become a gateway for bacteria in the blood stream if it is not handled properly. Central line-associated bloodstream infections (CLABSIs) can lead to serious personal injury such as organ damage and sometimes death.

A recent study from Johns Hopkins Children’s Center published yesterday in the journal Pediatric Blood & Cancer followed 319 children with cancer between 2009 and 2010. Most children were first treated in the hospital and then sent home to continue their treatment. 19 children developed a central line-associated bloodstream infection (CLABSI) while hospitalized and 55 while at home.

Hospitals have been fighting for a long time against bloodstream infections and they have made serious progress in reducing them. They have experienced clinicians following precise protocols.Things are different when children are treated at home by family members. More should be done in preventing development of CLABSIs at home.For example teaching family members how to handle and clean central lines should be part of the formal discharge protocol. It is not the case yet.

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Reducing the number of truck and bus accidents related to driver fatigue is one of the priorities of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

After launching new hours-of-service rules at the begining of the month, Anne S. Ferro, Administrator of the FMCSA joined forces with Lisa Raitt, the Canadian Minister of Transport to announce the launch of the The North American Fatigue Management Program (NAFMP). The NAFMP is a comprehensive interactive program for commercial truck and bus drivers, their spouse and family as well as motor carrier executives and managers, safety managers and trainers, dispatchers and drivers managers, freight shippers and receivers.

The program aims at developing a corporate culture that facilitates reduced driver fatigue and at providing fatigue management education, information on sleep disorders screening and treatment, driver and trip scheduling as well as fatigue management technologies.

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Last August Sears recalled Kenmore Dehumidifiers after they received 107 reports related to burns and fire with more than $7 million in property damage and 3 reports of smoke inhalation injuries. However it seems like many consumers were still not aware that their product was defective as after last year recall Sears continued to receive more incident reports including a severe burn to a consumer’s foot and 3 fires resulting in significant property damage. Therefore Sears is once again asking consumers who bought Kenmore 35-, 50- and 70-pint dehumidifiers made by LG and manufactured between 2003 and 2005 to immediately turn off and unplug their dehumidifier and to contact the Recall Fulfillment Center.

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