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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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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Nail%20Gun%20Injury.jpgNail gun injuries send more construction workers to the hospital than any other tool-related injury. Most injuries are punctured hands or fingers but in some cases the injuries are far more serious and can even lead to death.

To prevent these type of injuries OSHA just created a new Nail Gun Safety web page and a complete guide on Nail Gun Safety that can be downloaded by construction workers directly to their mobile phones in English or in Spanish.

The new webpage offers great links to relevant content from the Center for Construction Research and Training (CPWR) and from the Centers for Disease Control and Prevention (CDC) as well as access to training, regulations and additional resources.

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Failure to diagnose cancer most commonly breast cancer, colon cancer, melanoma, lung cancer and malignant tumors in the female genital tract are the most common misdiagnoses in the primary care setting. The second most common type of misdiagnosis is failure to diagnose myocardial infarction. Failure to diagnose meningitis in children is also among the most misdiagnosed conditions by primary care doctors.

Medications errors such as prescription errors, contraindicated medication, administration errors leading to adverse reactions are the second most common types of medical malpractice committed by general practitioners.

These findings are the result of a computerized literature search that compiled 34 relevant studies mostly in the US but also in Canada and Europe. The complete results of the research, led by Dr. Emma Wallace from the HRB Center for Primary Care Research of the Royal College of Surgeons in Ireland Medical School, in Dublin can be found at BMJ open.

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Children exposed to anti-seizure medication in the womb have a higher risk of suffering from early developmental issues according to a study led by Dr. Gyri Veiby from Haukeland University Hospital in Bergen, Norway.

The study covered a 9 year time frame and looked at the risk of adverse outcomes in children according to epilepsy in the mother or father, and with or without antiepileptic drugs (AEDs) exposure in the womb. At 18 months, the children exposed to AEDs in utero had increased risk of abnormal gross motor skills and autistic traits and at 36 months an increased risk of abnormal gross motor skills, sentence skills, and autistic traits compared to unexposed children.Further analysis determined that AED-exposed children had increased risk of birth defects compared to children not exposed to the drugs in utero.

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New%20York%20Wrongful%20Death%20Lawyer%20Howard%20Hershenhorn.jpgOur partner Howard Hershenhorn represents the family of a man killed by falling debris from a historic Brooklyn church in a lawsuit filed on Tuesday alleging that church officials failed to maintain and repair a building they knew had become increasingly dangerous. Howard was quoted in The Wall Street Journal as follows:

” Church officials “knew they had a humongous problem, which they knew could cause injury or death and they did nothing about it,” said Howard Hershenhorn, an attorney for Mr. Schwartz’s family. “They let it linger for a decade and it’s absolutely mind-boggling.”

Mr. Hershenhorn called for a criminal investigation. A spokeswoman for the Brooklyn district attorney’s office said the office would review his request.

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