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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leave raking can lead to injuriesSummer is over, the trees are changing colors, the kids are back to school and the weather is getting colder and wetter.

The change of season also affects doctor offices and emergency rooms where typical summer injuries such as injuries related to water activities or burns from BBQ are slowing down and autumn injuries are increasing.

While in the city most people do not have a private yard, most people living in Upstate New York or in New York City suburbs ares starting to rake leaves around their house. While raking leaves might be perceived as a fun autumnal activity it can also lead to serious injuries. In the US 76,000 people are injured every year while raking leaves or using manual garden tools related to this activity. Many of these injuries include back strains or wrist strains due to the repetitive movements of raking.

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Heart_transplant-wikipediaTo boost transplant patient survival rates, Dr Mark Zucker and his team have allegedly been keeping vegetative patients on life support for an entire year without family consent according to a recent investigation by ProPublica.  For hospitals that have organ transplant programs, the patient survival rate is the most important number tracked by the US Center for Medicare and Medicaid Services. If a hospital has a “one year survival rate” falling bellow an expected number calculated by an algorithm, an audit might be launched by the agency. If the audit uncovers serious problems, the transplant program can potentially loose its Medicare certification. As a result the hospital would loose the procedures paid by Medicare and by some medicaid and private insurance plans that only reimburse for transplants at Medicare approved transplant programs. A hospital charges around 1.4 million for a heart transplant.

Newark Beth Israel advertises itself as one of the best heart and lung transplant hospitals in the country. For 30 years, Dr Mark Zucker has been leading the heart and lung transplant program. His heart transplant surgeon, Dr. Margarita Camacho, has been performing most of the heart surgeries since 2005. She developed a strong and successful reputation as a heart transplant surgeon,  travelling in person to donors hospitals to inspect the facility and the donor’s heart before traveling back to Beth Israel with the organ.

Very unethical decisions made by the hospital to game the system

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location of the car accidentAn 18 year old girl driving a red Camaro ran a red light and was T-boned by a by a Chrysler minivan that had the green light, injuring passengers in both cars as well as  a pedestrian.

The car accident took place on Monday afternoon around 2:30 pm at the intersection of 54th Street and 4th Avenue in Sunset Park in Brooklyn, NYC.  5 teenage girls were riding in the Camaro and a man and his 5-year-old son were inside the minivan.  A female pedestrian in her 40ies who was crossing the street was also hit by the Camaro. Another car, a Honda Pilot was damaged in the crash.

The pedestrian suffered serious injury and was transported to the hospital. The father and his son as well as one of the teens aboard the Camaro were also transported to the hospital with minor injuries.

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location of the fatal bicycle accidentA NYC child riding a bike in a crosswalk was killed by a motorist who failed to yield while making a left turn. The accident occurred on Saturday morning around 10:30 am in Brooklyn, NYC. 10 year old Dalerjon Shahobidinov was on his bike in the crosswalk on Foster Avenue when 29 year old Victor Mejia made a left turn from Seton Place and recklessly slammed into him. Mejia stayed at the scene of the accident. The police found that he was driving without a license and charged him with failure to exercise due care, failure to yield and driving without a license. The driver  who never applied for a license, has a long history of reckless driving with 22 summonses that include two running red lights.

24 bicyclists killed in NYC in 2019

Dalerjon was a fourth grade student at PS 134 and has 3 other siblings. When the accident occurred he was riding with a group of friends with whom he was playing soccer in Prospect Park. The child is the 24th cyclist to die in a traffic accident in New York City this year. The victim before him was a senior e-bike rider. 62 year old Abul Bashar was a delivery cyclist for a restaurant. He was struck by a private sanitation truck on September 8th and could never recover from his injuries. He died on September 18th.

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rubinowitz_torganIn their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper discuss time tested ways to cross examine experts to achieve successful results at trial. Examples from recent trials are used to help illustrate the points. Each of these techniques have been used by the authors to develop powerful arguments for summation and assist in bringing home a successful verdict.

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One construction worker died on the job in New York City in June bringing the total of deaths to 5 for the first half of 2019 compared to respectively 6, 2, 5 and 6 for the first semester of 2018, 2017, 2016 and 2015. The June fatality occurred in Manhattan. 4 of the 5 fatalities on NYC construction sites occurred in Manhattan and the other one in Brooklyn during this first semester. No deaths were recorded in the Bronx, Queens or Staten Island construction sites during the first six months of the year.June 2019 fatalities on NYC construction sites

A total of 4 construction accident fatalities were recorded in Manhattan during the first semester of 2019 compared to respectively 2, 1, 3 and 3 during the first semesters of 2018, 2017, 2016 and 2015. This last semester was the deadliest in Manhattan since 2015.

Manhattan Construction worker fatalities June 2019
One hard hat died in Brooklyn during the first semester of 2019 compared to respectively 1, 1, 1 and 2 during the first semesters of 2018, 2017, 2016 and 2015.

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location-of-the-sexual-abuseA detective working for the NYPD Special Victims Division and a special education school aid were both arrested on Friday after being accused of sexually assaulted young girls in New York City.

28 year old Kevin Lemon, a special education paraprofessional is accused of sexually abusing a 9 year-old girl three times in the basement and in the staircases of PS 59 in Bedford-Stuyvesant, Brooklyn. The girl who is not a special need students was abused during the month of June. She didn’t alert her family until she returned to the same school in September. When she saw Kevin Lemon again she told her grandmother what happened in June. The grandmother who is also her legal guardian reported the man to the police. He was arrested and charged with criminal sex act, sex abuse forcible touching, sexual misconduct and endangering the welfare of a child. The 28 year old man was studying to be a teacher at Brooklyn College and still needed 6 credits until graduation.  He was making $158 a day as a special education paraprofessional.  He was immediately suspended without a pay and will remain suspended until the investigation is over. He is due back to Court on Thursday. His bail was set at $50,000. (read more in the Post)

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FDNY_Haz-TecCity drivers were determined to be at fault in 3,357 motor vehicle crashes in New York City during the last fiscal year that covers the July 2018 to June 2019 period. This number is up by 10 compared to the previous year and despite a diminution of the city vehicle fleet from 31,002 to 30,755.

827 people were injured and 4 died in these accidents compared to respectively 763 and 2 during the previous fiscal year.

The city vehicle involved in the highest amount of crashes were the FDNY vehicles with 10.1 accidents per 100,000 miles traveled followed by Sanitation (7.6), Parks (4.7) and the NYPD (4.4).

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N-NitrosodimethylamineEuropean and US Health regulators found that Zantac and other generic versions of the heartburn pill contain small amounts of N-nitrosodimethylamine (NDMA), a cancer-causing chemical that is classified in the United States as an extremely hazardous substance.

No official recall announced but distribution of the potentially dangerous medication stopped by some companies

No official recall has been announced yet by Sanofi, the Zantac maker. Howver another big pharma, Novartis, which produces a generic version of the medication has announced that it stopped distributing the dangerous medication to the European and the American markets.

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Lead poisoning can cause lifetime injuries especially when it affects unborn children, babies or toddlers. Damage to the brain and the nervous system leading to compartmental behavior issues such as irritability, hyperactivity or inattentiveness, learning and reading disorders, delayed gross and hearing loss are among the most common consequences of lead poisoning. Lead paint in housing was banned in the early 70ies and in New York City, The City’s Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004) requires landlords to check their propriety for lead and take necessary action to remove it if the building was built before 1960 (or if the owner knows lead paint was used between 1960 and 1978 and if children below the age of 6 live in their property).  The plan of the city was to eliminate lead poisoning by the year 2010 but a report by the New York City Comptroller Scott Stringer found that between January 1, 2013 and October 10, 2018 alone, 26,027 children under the age of 18 tragically tested positive for elevated blood lead levels of 5 micro-grams per deciliter (5 mcg/dL) or greater. Furthermore the investigation found that the city knew about it and didn’t take any measures to protect these children.

The Department of Health and Mental Hygiene (DOHMH) received thousands of alarming blood results each of them with the name and the address of the children but the results where never shared with the the Department of Housing Preservation and Development (HPD) so they could proactively inspect the locations at risk and take the appropriate measures to address the dangerous situation. Instead HPD only deployed inspectors on locations after receiving complaints from residents.  The report shows that the city clearly missed its goal to eradicate childhood lead poisoning and protect children from the irreparable arm associated with lead exposure. While the City issued the LeadFreeNYC Plan in 2019, the report shows its complete failure  to leverage its own data related to lead exposure and utilize that data to precisely and methodically inspect buildings and areas most likely to pose a threat to children.

Read Report here

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