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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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A physician committed serious medical malpractice and crimes by  hooking up chronically ill female patients with heavy doses of opioids and abusing them sexually. The abuse has been going on for 15 years according to 22 pending lawsuits, hospitals ignored patients complains and failed to inform future employers about these complains.

63 year old Ricardo Cruciani would develop personal relationships with his victims. He would prescribe them significant amounts of opioids and required “in person” appointments to get a refill. When the patient would arrive in his office he would ask for sexual favors in exchange for their prescription. If the patient refused, Cruciani would deny their refill.

This sordid scenario has been going on for at least 15 years in multiple States as during his career, Cruciani worked at Mount Sinai Beth Israel in Union Square, at the Capital Institute for Neurosciences in Hopewell Township, N.J and at Drexel University in Philadelphia.  He lost his medical license after he was found guilty of indecent exposure and groping 7 patients in 2017 in Philadelphia. At that time he did not go to jail but he was registered as a low-level sex offender.

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Volvo-Cars-LogoVolvo recalled another 195,000 potentially defective motor vehicles last week in the US after the company learned that a US driver was killed by the rupture of an air bag inflator. According to Volvo, the front driver’s airbags inflator of XC70 and V70 wagons models from 2001 to 2007 was manufactured by ZF/TRW  and could potentially explode and send shrapnel in the car.

The 195,000 vehicles recalled in the US last week are part of a worldwide recall covering around 768,000 vehicles.

The recall is reminiscent of the problem faced a few years earlier by bankrupt Japanese airbag inflator manufacturer Takata. Defective Takata air bag inflators caused the death of 18 people worldwide including 19 in the US. 400 people were also injured in defective Takata air bag inflator explosions.

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sexual abuser Rigoberto GarciaThe FBI believes that dozens of underage girls have been sexually exploited by a man who lured them into filming sex acts in hotels by promising them modeling gigs. 33 year old Rigoberto Garcia, a Mexican man living illegally in the US has been recently arrested after the FBI found that he has been sexually exploiting girls under the age of 18 by  filming them having sex in hotel rooms since 2014. The FBI says dozen of  girls or more have been  abused and they are asking anyone who might have been victimized to call them at 212-384-1000.

Rigoberto Garcia, a wannabe actor, has been using several fake names that include “Chris Perez”, Nate Floriano”, “Sean Alvarez”, “Steven Skyler” or “David Schineberg”.

According to a federal court indictment, Garcia was was charged with multiple counts of coercion and enticement, and sexual exploitation of a minor in connection with seven underage victims. He is also facing charges with 4 other child victims.

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New York Personal Injury Attorneys Rubinowitz and TorganTrial work is not for the faint of heart. Personal Injury Attorneys, well aware their clients are relying on them to help overcome life-altering events, must do everything within the bounds of ethics and the law to win their case—while also anticipating and properly handling any challenges created by their own clients’ actions. In their recent Trial Advocacy column in the New York Law Journal, Ben Rubinowitz and Evan Torgan explore issues which may arise during client intake and witness preparation, as well as the duty to correct potentially false testimony.

Read the column here

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Most of the time in high schools and colleges, athletic trainers are the first to diagnose and provide care to a young athlete when he or she suffers injury.  Traumatic brain injury or concussion is one of the most common injuries suffered by young athletes during fall sports. Proper diagnostic and response are crucial to prevent further injury or even death.

Researchers at the Center for Injury Research and Prevention (CIRP) at the Children’s Hospital of Philadelphia have been working for several years on finding a test that can be quick, efficient and easy to use for busy athletic trainers and other healthcare providers.  So far they found that the Visio-Vestibular Exam is a  reliable test that can be performed in a few minutes to find out if someone suffers from concussion. Last year we wrote a blog about the various elements of this test and recently researchers at the CIRP confirmed its efficiency. Researchees made additional research  to detect if the visio vestibular performances in healthy athletes might change between the beginning and the end of sport season. They found that there was no difference in the performance of the visio vestibular of  healthy athletes before the sport season and after the sport season, therefore supporting the previous findings that visio vestibular deficiencies can be attributed to concussion.

Quick and efficient

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FDA-logoAfter a recent study pointed fingers at the mismanagement of medical device recall by the FDA (see previous blog),  further investigations are confirming an outdated and broken system that leaves patients at risk of serious injury and death as unaware doctors continue to use defective devices on their patients.

A recent example of this outdated process is the recall of a sleep apnea ventilator device manufactured by Philips. It is not clear so far as to when exactly, Philips executives found out that the foam used to dampen the noise of the machine was breaking down and could potentially be inhaled or ingested by patients, exposing them to carcinogenic or toxic effects. However, the company announced publicly, on April 26th, while reporting Q1 earnings that it was creating a provision of 250 million Euros to cover costs related to possible risks to users in some sleep and respiratory care machines. While the company had probably already identified that the defective devices were the ones manufactured between April 2007 and April 2021, it waited almost two other months to initiate a recall and warn consumers of potential carcinogenic and toxic effects.  After the issuance of the recall, the FDA issued a safety communication on June 30. It took until July 22nd for the FDA to classify the recall as class I event and publish a public notification.

Does this mean that all patients have been contacted and had their ventilator changed? Not at all. In the actual process, the customers of the manufacturer, such as the hospitals, the providers, the retailers or the distributors are in charged of contacting the patients and they usually don’t do it.  Instead, doctors wait for the patients to come in with symptoms.

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location of the fatal crashTwo childhood friends were driving back home from an after-hours party when the one driving ran a red light and crashed into another car. The passenger was ejected and died. The accident occurred around 6:30 am last Saturday morning. According to the police, 26 year old Jovanni Padilla was speeding down Saratoga Ave when he ran a red light at the intersection of Sutter Ave and crashed into a KIA SUV. His best friend, 23 year old Kainen Martin was asleep in the passenger seat. Ther impact was so intense that he was ejected from the car.  The police found him lying in the street and he was rushed to the hospital where he later on died from his injuries. The driver, Jovanni Padilla did not have a license and was drunk at the time of the accident. He was also trying to escape on foot when the police arrived and caught him. Padilla was first charged with DWI and driving without a license  and later on with mansluaghter, assault and vehicular manslaughter. The driver of the KIA SUV was hospitalized with minor injuries.

Best friends since childhood

Jovanni and Kainen had been best friends since they were children. Padilla felt so guilty after he understood that his friend had died that he asked the cop  “Just shoot me in the head”. He later on attended the candle light vigil held at the house of Kainen’s mother  in Brooklyn. Both Jovanni and Kainen’s family knew each other and both were distraught by the fatal accident.

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Man-working-on-tubular-scaffold-scaledAfter a 21 year old worker fell to his death on a Brooklyn construction site, Everest Scaffolding, a NYC roofing company located in the Bronx, received a $300,370 OSHA  fine. This fine was the second largest OSHA fine of Q2 2021 . The accident related to the fine occurred on November 13, 2020. The young worker was installing a supported tubular welded frame scaffold during the construction of a seven-story building in Brooklyn when he fell almost 50 feet and died.

OSHA investigators found that:

  • the roofing company did not evaluate the feasibility of using fall protection
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Haunted Houses can cause injuryIf you ran  away from a scary character in a haunted house,  hit a wall and broke your nose, even the best personal injury lawyer will probably not be able to get you compensation because of  what is called “the assumption of risk”. The assumption of risk is a legal doctrine under which an individual is barred from recovering damages for an injury sustained when he or she voluntarily exposed him or herself to a known danger.

When you or your children, enter a haunted house you know that you might be scared and as a result have irrational behaviors that might result in injuries but you agree to take this risk. Therefore if you suffered injury as a result of being scared, it will be difficult to sue the haunted house for damages.

Over the years, some people have tried anyway but most of them lost their case:

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location of the hit and run accidentA deaf man who was standing next to his bicycle in the median of Atlantic Avenue at the intersection of Essex Street in East New York, Brooklyn, was killed by a hit-and-run driver on Friday night around 10:10 pm.

Hit by a speeding car

56 year old Jose Ramos had just finished a late shift at a store and was heading home with his wife Martha. Jose was walking next to his wife with his bike on his side. As they were crossing Atlantic Avenue at Essex street, they stopped on the median to wait for the light to turn green for the pedestrians. All of sudden a sedan racing down Atlantic Avenue slammed into Jose, causing him major body trauma. His wife Martha who is also deaf, ran home two blocks away, to get someone to call an ambulance. When she came back a few minutes later, the sedan was gone.