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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Our subway accident lawyer investigating a caseThe recent derailment of two 1 trains near the 96th Street subway station on Manhattan’s Upper West Side is a reminder of the unexpected dangers lurking in our daily commutes. As subway and train accident lawyers, we have seen firsthand the impact these accidents have on individuals and communities. Indeed our team recently obtained a $20 million settlement for a young woman who suffered injuries in a train accident.

On Thursday afternoon, two trains collided at a slow speed, leading to a derailment that injured 24 passengers. Thankfully, as reported by Deputy Assistant Chief of EMS Operations Ian Swords, none of these injuries were life-threatening. The situation could have been much worse, and we are all grateful for the prompt response of emergency crews and the MTA staff.

In the wake of such an event, passengers and their families may have numerous questions about their legal rights and options

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case-analysis

Our managing partner, Trial Attorney Ben Rubinowitz going to be doing a Case Analysis hosted by Nathan Werksman on Trial Lawyers University about the $120 million medical malpractice verdict he just received in Westchester.  The webinar will be on January 10, 2024 at 1:30pm.

“Lee v Westchester Medical Center” is a legal case revolving around medical malpractice and delayed treatment. The patient, a 41-year-old man, suffered a Basilar artery stroke. His wife found him unconscious at 3 am, and he was subsequently transferred to Westchester Medical Center. Initially, the stroke was misdiagnosed by resident radiologist and neurologist as an infection or dissection, delaying the correct treatment by three hours. When a more experienced radiologist later identified the stroke, a thrombectomy was performed.

The plaintiff’s claim focused on this delay, arguing that it resulted in significant brain damage and severe short-term memory issues, depriving the patient of a chance for a better recovery. The defense conceded the misdiagnosis but argued that the stroke’s severity, not the delayed treatment, caused the brain damage. They posited that the damage occurred between 10 pm and the patient’s hospital arrival, and earlier treatment wouldn’t have altered the outcome.

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Carrie Bernans was injured in the car accident on new years EveThe New Year’s Day car accident in Midtown Manhattan, involving Mohamed Alaouie, a 44-year-old from Fort Lee, NJ, presents a harrowing scenario of chaos and danger . In a disturbing sequence of events, Alaouie, engaged in a dispute with his girlfriend, attracted the attention of police officers. His subsequent actions led to a reckless driving spree, resulting in injuries to two police officers and four pedestrians including actress Carrie Bernans, (picture) as well as significant property damage (see video below). Additionally, a significant amount of crack cocaine was found in his vehicle, further complicating the legal landscape.

Legal Implications for the Victims

The victims of this tragic event face a complex web of legal considerations. Here’s how the law may apply in their situation:

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Wishing you a joyful and restful holiday season from all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf! May your days be filled with warmth, laughter, and the company of loved ones. As we reflect on the year behind us and look forward to the opportunities ahead, we’re grateful for the trust you’ve placed in our firm. Thank you for allowing us to serve you, and here’s to a prosperous and peaceful New Year. Happy Holidays!” 🎄✨

Bloom, Hershenhorn, Steigman & Mackauf

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Some Tesla vehicles are being recalledTesla, the electric vehicle pioneer, is recalling more than 2 million vehicles in the United States. This recall comes after a thorough investigation by the National Highway Traffic Safety Administration (NHTSA) found that Tesla’s Autopilot safety system was “not sufficient to prevent driver misuse.”

The recall affects a wide range of Tesla models, including the 2012-2023 Model S, 2016-2023 Model X, 2017-2023 Model 3, and 2020-2023 Model Y, all equipped with Autosteer, a feature that Tesla describes as “traffic-aware cruise control.” According to the recall notice, in certain circumstances when Autosteer is engaged, the controls may not be sufficient to prevent driver misuse.

Autosteer is designed to maintain speed, detect lane markings, and monitor the presence of other vehicles. However, Tesla emphasizes that drivers must keep their hands on the steering wheel and be prepared to take immediate action while using the feature.

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The-bilding-that-collapsed-in-the-BronxA building collapsed in the Bronx on Monday, leaving community in turmoil, displacing scores of residents and causing emotional and physical upheaval. Residents initially mistook the sounds and vibrations for routine occurrences. Some believed it was the wind, while others attributed it to construction work below. It wasn’t until the situation escalated, with walls literally crumbling around them, that the magnitude of the disaster became apparent.

While it is fortunate that there were no fatalities and only minor injuries, the emotional toll and loss of personal possessions are devastating for the affected families. Many have been left homeless and uncertain about their future.

The accounts of residents paint a grim picture of the conditions inside the building prior to its collapse

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Car Accident NYAs car accident lawyers, the recent report by AAA Northeast highlighting the alarming increase in fatal crashes involving senior drivers in New York State is both concerning and a call to action. The findings, which show the highest number since 2013, point towards a critical need for addressing the unique challenges faced by older drivers on the road.

The AAA Northeast report reveals a troubling trend: 214 fatal crashes in New York last year involved drivers aged 65 and older. This statistic is not just a number; it represents lives lost and families forever changed.

The report cites failure to yield, improper lane changes, unsafe speed, and distracted driving as primary contributors to these tragic accidents. These factors are not exclusive to senior drivers, but they can have more severe consequences for this age group due to factors like slower reaction times and physical frailty.

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plastic syringes can be defective
The Food and Drug Administration’s recent focus on the potential quality issues of plastic syringes manufactured in China has sent ripples through the healthcare and legal communities. As product liability and medical malpractice attorneys, we are closely monitoring this situation, which raises significant concerns about patient safety and the legal implications for manufacturers, healthcare providers, and consumers.

The FDA’s investigation was sparked by reports of quality issues with several Chinese manufacturers. The primary concerns include leaks, breakages, and the inability of these syringes to deliver the correct dose of medication. These issues are not just minor inconveniences but potential hazards that could lead to serious medical complications.

The FDA’s advice to healthcare providers and consumers to consider using non-Chinese manufactured syringes where possible highlights the gravity of the situation. For healthcare providers, this advisory necessitates a review of their supply chains and a potential shift in procurement strategies. Consumers, particularly those who rely on syringes for chronic conditions, are now faced with the additional burden of verifying the origin of their medical supplies.

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120M Verdict by our Medical Malpractice AttorneysIn a landmark decision that highlights the importance of timely medical intervention, a Westchester County jury awarded a record-setting $120 million in a medical malpractice lawsuit against Westchester Medical Center. This verdict, delivered on November 30, 2023, after a four-week trial, marks the largest award ever in a medical malpractice case in Westchester County.

The case revolved around the hospital’s negligence in treating 41-year-old William Lee, who suffered from a stroke in 2018. Rushed to the hospital by ambulance, Lee was the victim of a critical delay in treatment. The jury found that inexperienced doctors on call were responsible for a three-hour delay in removing a clot from Lee’s basilar artery. This delay led to extensive brain damage, necessitating lifelong care at a residential brain injury center.

The tragedy of this case is underscored by the extent of Mr. Lee’s injuries. The damage to his brain has severely impaired his judgment and short-term memory, rendering him dependent on round-the-clock care and unable to provide for his family. The compensation awarded includes provisions for his future medical needs, pain and suffering, loss of enjoyment of life, and compensation for his wife for the loss of his services and society.

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Parking spaces close to intersections can be dangerous to pedestriansMayor Eric Adams’ recent announcement to remove parking spots from 1,000 New York City intersections annually represents a significant stride towards enhancing pedestrian safety. This move, essential for protecting pedestrians from drivers, comes in the wake of several tragic traffic incidents, including the heart-wrenching losses of a 3-year-old boy in Queens and 7-year-old Kamari Hughes in Brooklyn.

As pedestrian accident attorneys, we see firsthand the aftermath of traffic accidents and understand the importance of proactive measures to prevent them. The “daylighting” initiative – the strategy behind this move – aims to improve driver visibility at intersections, thereby reducing the likelihood of accidents. It’s a commendable effort to prioritize pedestrian safety in urban planning.

Despite these efforts, New York City’s streets remain perilous. This year alone, over 225 traffic-related fatalities, including 82 pedestrians and 27 cyclists, have been reported. These numbers are not just statistics; they represent lives lost and families shattered.

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