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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Last April the explosion at a fertilizer plant in West Texas was of the magnitude of a small earthquake. It killed 15, destroyed houses, businesses and municipal buildings, and left a 93-foot crater. To avoid such a tragedy in the future, President Obama last week signed an executive order directing Federal agencies to work with stakeholders to improve chemical safety and security.
West%20Texas%20Explosion.jpg

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17000 women and 9000 men get cancer linked to human papillomavirus (HPV) every year. For women the most common is cervical cancer and for men the most common are cancers of the back of the throat, tongue and tonsils.

A recent study shows that since it was introduced in the US in late 2006 , the HPV vaccination has reduced HPV infection rates in teen girls by half. More than 57 million doses have been distributed in the US in the last seven years and all studies show that the HPV vaccine is safe.

To learn more about the HPV Vaccine, check the Center for Disease Control and Prevention.

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Newborn%20screening.pngNewborn screening prevents 12,000 babies per year from death or lifetimes of intellectual or physical disability. It started in the US 50 years ago. New York started infants screening in 1965 for phenylketonuria (PKU) and today babies are screened for 45 disorders.

New York was the first state to test for sickle cell anemia in 1975 and the first to introduce universal screening for HIV exposure in 1997. In 2006, New York was also the first state to screen all babies for Krabbe disease. Screenings are also conducted for cystic fibrosis, congenital adrenal hyperplasia, primary congenital hypothyroidism, and severe combined immunodeficiency. In December 2013 New York will also be the first state to screen for adrenoleukodystrophy (ALD), a rare genetic condition, which affects the nervous system.

Yesterday New York State Health Commissioner Nirav R. Shah M.D., M.P.H was at the Wadsworth Center to visit a national exhibit designed to raise awareness of the importance of newborn screening. the Wadsworth Center screen 250,000 infants every year.

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Excessive bleeding caused by Warfarin can lead to wrongful death if not addressed promptly. This anti coagulant medication is commonly prescribed to address blood clots but it has a very serious side effects that leave patients at risk of very heavy bleeding. In the US when emergency room doctors are faced with warfarin anticoagulation they commonly use fresh frozen plasma to reverse the bleeding.

Frozen Plasma therapy is slow and unpredictable and most emergency room doctors around the world have been replacing it with Prothrombin complex concentrates (PCCs), a therapy that can reverse Warfarin anticoagulation in minutes according to an article from the American College of Emergency Physician based on a study by Kenneth Frumkin, PhD, MD of the Naval Medical Center in Portsmouth, Va. published in Annals of Emergency Medicine.

Hopefully the use of these life-saving products will increase in the US since the Food and Drug Administration accepted a form of PCC specifically intended for warfarin reversal last April.

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One passenger died, five passengers suffered severe injury and 10 including the bus driver suffered minor injuries in this horrible collision between a school bus and a truck that happened near Chesterfield in New Jersey in February 2012. Last week the National Transportation safety Board released a synopsis from the Safety Board’s report that shows negligence by the school bus driver, the commercial license medical examiner, the truck driver, the truck company and the truck manufacturer.

According to the report the crash was due to the school bus driver failing to see the truck approaching the intersection. The bus driver was suffering from sleep deprivation because of a medical condition and alcohol use. He also was using prescription medication with a sedative effect. The school bus driver lied about his medical history when getting his commercial drivers license and the medical examiner did not thoroughly evaluate the school bus driver for medical conditions that could have disqualified him from becoming a school bus driver.

The truck was overloaded, had a deficient braking system and the truck driver was speeding.

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In this medical malpractice case the plaintiff was diagnosed with Stage 1 breast cancer in her right breast. She underwent a right breast mastectomy. She had a family history of breast cancer. Seven years later in 2007 she was diagnosed with ovarian cancer. The plaintiffs alleged that, given the plaintiff’s own medical history and that of her paternal family, as well as her father’s Ashkenazi Jewish ethnicity, defendant’s failure to recommend, prior to November 2007, “BRCA” genetic testing or prophylactic surgery removing her ovaries, which could have prevented the onset of her ovarian cancer, constituted medical malpractice. In reversing the Court below and reinstating the complaint the Court held:

“Here, the allegations in the bills of particulars concerning the period from March 2001 through November 2007, when the patient was under defendant’s care, were that defendant departed from the accepted medical practices of that time by failing to recommend “BRCA” genetic testing and “prophylactic oophorectomy or bilateral salpingo-oophorectomy” to the patient, given her personal and family medical history. Since the respondents’ expert failed to provide any information as to what the accepted medical practices were during the period at issue with regard to BRCA genetic testing, and did not refute or even address (see Berkey v Emman, 291 AD2d at 518) the specific allegations regarding the failure to recommend prophylactic oophorectomy or bilateral salpingo-oophorectomy, the respondents did not meet their prima facie burden on the issue of whether there was a departure from accepted medical practices.

Accordingly, the Supreme Court should have denied the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them.” See: Mancuso v. Friscia, et al., 2013 NY Slip Op 05515.

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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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