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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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injured hand of an elderly patientSadly elder abuse is quite common in the US. It is estimated that 5 to 10% of elders suffer abuse of various types such as physical or psychological abuse, financial exploitation  or neglect. Often those who are abused suffer multiple types of abuse together. Depression, chronic illness hospitalization and placement in nursing homes are often the direct consequences of these abuses. When an elder has little contact with the outside world except for his or her oppressors, the physicians are often the only ones who can determine if abuse occurs and raise the alarm. When physical abuse occurs, elder patients who show up at the emergency room often pretend they fell.  A good emergency physician should be able to differentiate between fall injuries and abuse injuries and raise the alert if necessary.

A recent study  published in the Annals of Emergency Medicine and led by Tony Rosen, Department of Emergency Medicine, Weill Cornell Medical College / NewYork-Presbyterian Hospital, in New York compares the injuries of 78 elder patients who were physically abused with the injuries of 78 elder patients who unintentionally fell. Here are some of the findings:

  • Bruises could be a sign of abuse. 78% of elders who were physically abused suffered bruises compared to 54% of those who fell
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HyundaiA Hyundai employee who provided key information about a defective engine in vehicles manufactured by the Korean carmaker  was awarded $24 million by the U.S. auto safety regulator. In 2016, Kim Gwang-ho informed the National Highway Traffic Safety Administration (NHTSA) that his employer, Hyundai was not addressing a design flaw linked to its Theta II engines, which were prone to seizing up and even catching fire. Kim provided an internal report from the quality strategy team to management that their inaction in addressing the engine fault would cause an increase in crashes.

After NHTSA officials received the information, they began an investigation in 2017 and found out that Hyundai and its subsidiary Kia did recall vehicles for this defect but the recall was too late and the information provided about the issue was inaccurate according to them.  In 2020, Hyundai and Kia agreed to pay a record $210 million in civil penalty for delaying the recall of their vehicles after they learned about the defective engine.

Maximum percentage awarded to the whistleblower

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New bike lane will prevent collisions on Brooklyn BridgeAfter several bicycle accidents and multiple close calls between pedestrians and cyclists on the overcrowded Brooklyn Bridge, the DOT finally opened a new protected bike lane mid September. As a result, regular commuters who were avoiding the bridge because of the over crowding are making a massive come back. During the month of October,  there was an average of 4,206 rides daily compared to 2,239 during October 2020.  The daily rate of rides remained high and stable on the Manhattan Bridge and the Williamsburg Bridge suggesting that  more people made the decision to commute by bike now that the Brooklyn bridge has a separate protected bike lane. The Brooklyn bridge provides a direct access between Dumbo in Brooklyn and the financial district where many New Yorkers go to work daily.

Narrow bi-directional protected bike lane can feel crowded and dangerous when traffic is busy

While separating the bike lane from the pedestrians was already a major step in improving bike riding safety on the Brooklyn Bridge, the 8 foot wide two-way bike lane remains extremely tight.  Recommendations from The National Association of Transportation suggest a minimum 12 feet wide for bidirectional bike lanes. With the surge not only in regular bicycles but also in various types of e-bikes, e-scooters and cargo-bikes, it can sometimes be dangerous for people to cross on the 8 feet wide bike lane. Cargo bikes that have been promoted by the city to reduce truck traffic are wider than 4 feet and can create collision risks. Additionally, people on moppeds that are  not supposed to be on bike lanes break the rules and use a considerable amount of space while passing cyclists and create additional risks of accidents on a tight bike lane.  It will also be interesting to see if, now the borders are re-opened, if tourists on bikes decide to use the bridge… the tight lanes do not really allow for a picture stop.

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Professor Daniel PollackWhen considering a civil lawsuit for sexual abuse, it is important for a victim or for the victim’s parents (if the victim is still a minor) to consider beforehand if the lawsuit will have have a net beneficial therapeutic effect or a traumatizing effect.

In a recent commentary in the New York Law Journal, Daniel Pollack a professor at Yeshiva University’s School of Social Work in New York City and  a Commissioner of Game Over, a commission to protect youth athletes, and Daniel F. Monahan, a board-certified trial attorney in Pennsylvania write about the unexpected emotional consequences that a sexual abuse lawsuit can have on the victim.

A traumatizing experience for the victim and the family

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Travis-ScottOur partner, New York Personal Injury Attorney Howard Hershenhorn  talked to Rolling Stone Magazine and the New York Times on behalf of our client Kyle Green who was left partially paralyzed after attending a Travis Scott Concert at Terminal 5 in New York in 2017 (see previous blog).

“Our client, Kyle Green, is devastated and heartbroken for the families of those who were killed and for those individuals who were severely injured. He’s even more incensed by the fact that it could have been avoided had Travis learned his lesson in the past and changed his attitude about inciting people to behave in such a reckless manner,” Hershenhorn said.

Kyle Green was attending a Travis Scott concert in Manhattan when he was pushed over a balcony by a surging crowd. He hit the ground and could not move anymore. Instead of being proprely taken care of by paramedics, Green was picked up by security guards who lifted him up  “without a cervical collar, backboard and other safety precautions” and dragged him toward the stage.

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golf-cart63,501 children and teenagers sustained personal injury in golf cart accidents in the US between 2010 and 2019 according to a recent study lead by Theodore J. Ganley, MD, Director of the Sports Medicine and Performance Center at Children’s Hospital of Philadelphia and Chair of the AAP Section on Orthopedics.

Golf carts are being used in social events and driven by teenagers as young as 14 year old with minimal supervision

More and more, golf carts are being used outside the golf course for social events such as festivals or recreational use on farm land or community events.

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hospital readmission can be negligenceExcessive patient readmissions is usually a sign of hospital negligence. Not only can it worsen the patient’s condition and extend recovery time but it also increases the patient’s bill.

In order to curb readmission rates and make sure hospitals pay more attention to patients after their departure, the Hospital Readmission Program (HRRP) was created in 2010 as part of the Affordable Care Act. It took effect in October 2012 and since then, bad players with high readmission rates are being penalized by Medicare and get their payment for each of their Medicare patients reduced by up to 3%.

A total of 3,046 hospitals in the country are included in this program while hospitals treating children, veterans and psychiatric  patients are excluded.

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Best Law Firms - Standard BadgeOur New York Personal Injury Law Firm is proud to announce that Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been named a Tier 1 firm in New York City for 5 practices by U.S. News – Best Lawyers® “Best Law Firms” 2022. These practices are:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
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During the third quarter of 2021, a total of 71 people died in crashes in New York City including 24 pedestrians, 5 cyclists, 9 passengers and 33 motorists. Since the Covid19 crisis started, auto accident fatalities in New York City have peaked and  street safety activists are pointing fingers at the de Blasio administration for failing to keep the streets safe.

A total of 14,335 people were injured in traffic accidents in New York City during Q3 2021 compared to respectively 13,437, 16,083, 16,300, 15,860, 16,048, 13,998, 13,472, 14,900 during Q3 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013. Before 2015, the passengers category  was the one with the most injuries with usually between 5,000 and 6,000 passenger injuries during Q3. In 2015 after the introduction of the Vision Zero program, passenger injuries significantly declined to 4,121 while motorist injuries jumped from 4,502 to 6,043. The increase in motorist injuries is linked to an increase in accidents related to distracted driving and more and more people using their cellphone while driving. After the first year of Vision Zero, passenger injuries during Q3 went back above 5,000 and then, back below 5,000 after the Covid19 crisis hit in 2020. Motorist injuries, mostly linked to distracted driving continued to rise reaching a record high in 2019 with 7,437 motorists injured during Q3.

New York Auto Accident injuries by category during Q3
6,349  motorists were injured in car accidents in New York City during the third quarter of 2021 compared to 5,931 for the same period of 2020 and 7,437 for the same period of 2019. Motor vehicle accident injuries reached a peak during Q3 2019 in New York City and then dropped to levels never seen since 2014 when the Covid19 crisis hit.  They were up during this year’s Q3 but not as high as what they used to be during Q3 2019.

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We are proud to announce that our Partner Christopher J. Donadio has been named as the President of the New York City Chapter of the American Board of Trial Advocates (ABOTA).

The American Board of Trial Advocates is a national organization that was founded in 1957 with the goal of protecting citizens’ access to the courts. In addition, the organization focuses on teaching civics and constitutional history to educators, students and journalists. It is an organization that is comprised of both plaintiff and defendant trial attorneys. Membership into American Board of Trial Advocates is limited to those attorneys who have tried a minimum of ten trials to verdict.

The New York City Chapter of ABOTA was formed when Robert Conason, a renowned plaintiff’s trial attorney (and former Managing Partner of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf), and Harold Schwab, a preeminent defense trial attorney, brought together the top plaintiff’s attorneys and top defense attorneys to establish the New York City Chapter.

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