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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location of the collision between the truck and the bicyclistA bicyclist died after being struck by a truck in Harlem, New York on Friday morning around 8:30 am

The driver of the truck was driving illegally on the bus-only lane on First Avenue near 118th Street when he  struck the 41 year old bicyclist. The police also mentioned that the bicyclist was riding the wrong way.  The truck driver stayed at the scene of the accident and was asked to submit himself to the breathalyzer which came out negative. He was not charged despite recklessly travelling on the bus lane while he was supposed to drive on the 3 other traffic lanes of First Ave.

While looking at past traffic violations, the truck has a a history of recklessness with 159 violations since 2014 including red lights and speeding.  The cyclist seemed to have been crushed between the truck and a car that was illegally parked in front of a “No Standing Anytime” sign. The victim is the 24th bicyclists to die in a traffic accident this year. He is also was one of two victims who died in a traffic accident in East Harlem this week-end. Read more in the Gothamist

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location of the fatal car accidentTwo women car pooling to work were killed after their car was T-boned by a speeding driver who blew a red light in East New York. The fatal car accident took place at the intersection of Flatlands Ave and Pennsylvania Av.

Sandra Liberice and Nerlye Sainvil were car pooling together to work. Both women were healthcare workers taking care of mentally disabled children at a group home run by the nonprofit organization “Services for the Undeserved. They had a night shift.  Sainvil had picked up Liberice and they were carpooling together to work. They were less than a mile away from their destination when the accident occurred. Video surveillance showed that the two women were travelling East on Flatland Ave. After the light turned green at the intersection of Pennsylvania Ave, Sainvil started to slowly drive through the intersection when all of sudden a speeding BMW T-boned them at full speed. The two occupants of the BMW were able to extricate themselves from their car and fled the scene of the accident on foot leaving the two women dying behind them.  They both died at the scene of the accident.

Both women were essential workers and had been going to work during the covid-19 lockdown. They both immigrated from Haiti. Nerlye  Sainvil immigrated to the US in 2001, She had a Law degree from Haiti and initially studied to work as a paralegal. She was hired as a direct care worker at the group home and decided to stay there.  Sainvil was 58 year old. She was a church goer and she as suppsoed to get married to her fiancé this year but the wedding was postponed because of the covid-19 crisis. Her fiancé and her 8 siblings were in shock. She was suppsoed to go to visit he sister in Pennsylvania during the holidays.

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location of the deadly pedestrian accidentA pedestrian was killed by a reckless driver in Brooklyn last week. The 53 year old woman was crossing the street in the crosswalk at the intersection of Glenwood Road and 55th Street when she was struck by a car driven by 22 year old Michael Rajpaul.

Rajpaul was chased by another driver who he previously hit

Previous to hitting the pedestrian with his 2008 Hyundai, Rajpaul had a fender bender with a BMW. Instead of staying at the scene of the accident he sped away and the driver of the BMW chased him. As he drove South on 55th in the wrong way and at high speed, he ran a red light and was t-boned by another car driving through the greenlight. His car spun around and he hit a 53 year old pedestrian wo got thrown into a parked car. She was rushed to the hospital but the impact was so intense that she died from her injuries.  None of the drivers were injured.

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location of the bicycle accident on Second AvenueAround 20 people are injured in bicycle accidents in New York City every day. The majority of these accidents are cyclists struck by cars. When a cyclist is struck by a motor vehicle, the injuries are often serious because cyclists do not have any protection expect sometimes for their helmet which is not mandatory in New York City.

Most common injuries sustained by cyclists in a crash are head injuries

Head injuries account for around half of bicycle accident injuries. They can lead to long term disabilities especially for those cyclists who suffered traumatic injury such as skull fracture, cranial hemorrhage, concussion or contusion. Other frequent injuries sustained when a cyclist is hit by a car are fractures and dislocation  including facial, dental and ribs fractures. Internal organs are often injured as well and ruptured spleen, pancreatic trauma, bowel and renal contusions as well as hernia are frequent. Cyclists also frequently get impaled by their handle bar resulting in life-threatening injuries.

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Calico Critters can cause personal injury to childrenGo Launch Missile can lead to eye and facial injuries
FX Claw can cause eye and face injuries
Gloria Owl can cause aspiration injuries
Superstar fist can cause blunt injuries
SCI-FI Slime contains dangerous chemicals
Boomerang UFO can cause cut and propeller related injuries
Boom city can cause face injuries
Babies minis can cause choking injuries
saber toys can cause injuries
Some toys are more dangerous than others and can potentially lead to personal injury and sometimes even death to children. Every year before the holidays, the children safety advocates World Against Toys Causing Harm, Inc. (W.A.T.C.H.) publishes a list of the 10 most dangerous toys.

Below are the 2020 “10 worst Toys Nominees”:

  1. CALICO CRITTERS NURSERY FRIENDS sold by Walmart, Amazon and Kohl’s for children above 3 year old. This toy contains small pieces, including a toy pacifier, that are very appealing to oral-age children and can cause choking injuries.
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metal in mask MRIThe FDA recently received a complaint from a patient whose face was burned after wearing a facemask with metal during a MRI. The patient was undergoing a 3 TESLA MRI scan of the neck. The burns were consistent with the shape of the mask.

It is clearly negligent to allow a patient to enter an MRI without checking for metal in a face mask. Anyone who is being scheduled for a MRI procedure must be checked for metal placed in or on their body including in their face mask.

Typically, patients undergoing an MRI are submitted to a metal checklist during which they are asked if they are wearing electronic devices, had metal in their eyes, have implants, had previous surgery on their head or ears or are wearing items such as jewelry, hearing aids, medication patches and obviously these days, a mask that doesn’t contain metal.

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location of the e-bike crash with Rolls RoyceA Man who was seriously injured in a e-bike accident near the Queens-Midtown tunnel on Saturday November 28th died from his injuries, the NYPD announced on Tuesday. 28 year old Jakir Hossain from the Bronx was riding an electrical bike on East 38th Street, Saturday November 28th around 8:45 pm when he was struck by the driver of a Rolls Royce convertible travelling North on Tunnel Exit Street. The cyclist was ejected from his bike and suffered multiple trauma to his head and his body. He was transported to the hospital where he died from his injuries after more than a week of pain and suffering.

The 30 year old driver of the Rolls Royce was not charged. The investigation is still ongoing. The report mentions that the driver had the green light . Tunnel Exit Street is notoriously dangerous. Drivers are speeding and visibility is bad. Last year 17 crashes were reported on this short street segment.

The death of Jakir Hossain once again demonstrates that while more and more people are riding bicycles in  New York City, many streets of the city are still extremely dangerous to ride and more should be done to protect cyclists. Read more in Street Blog

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OxyContin_branded_oxycodone_10mg_OC_sideA Staten Island doctor committed gross medical malpractice by illegally prescribing massive quantities of oxicodone pills and asking some of his patients for sexual favors in return. 65 year old Joseph Santiamo, a geriatric care physician whose New York State License was recently suspended, pleaded guilty in front of New Jersey US District Judge Michael A. Shipp to illegally prescribing more than 65,000 pills to 7 patients and to solicit sex in exchange for prescriptions from most of them. Two patients were prescribed a total of 14,000 pills and another one was prescribed 9,000 pills.

“Even more egregiously, (he) solicited sexual favors from certain patients who were struggling with substance abuse in exchange for writing them additional opioid prescriptions,” said New Jersey U.S. Attorney Craig Carpentito. “Instead of getting help from their doctor, they were drawn deeper into the cycle of drug abuse.”

Santiamo was arrested during a major law enforcement sweep in the North East during which 54 people were busted including 15 doctors. The doctor was “treating patients” who lived in New Jersey, Upstate New York, Pennsylvania and Florida. While the doctor was supposedly a geriatric specialist, his patients were all younger than 40 years old.  The doctor admitted that he solicited at least 5 of them for sexual favors. From January 1 2012 to May 3rd 2018, the “patients” would visit the doctor in his office and have sexual encounters with him in his office in exchange for oxycodone prescriptions. When he was asked by investigators how the sexual relationships started, the doctor replied “They had a need”.

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Elevator accidents too often occur when passengers try to save themNYC-elevator-accident-campaignselves instead of waiting in the elevator cabin for help to come. Nobody wants to be stuck in an elevator but if it happens do not try to escape by yourself you might end up badly injured or even dead.  The Department of Buildings just released a YouTube video explaining what to do if you get stuck in a elevator.

Concerned by your elevator safety? Call 311

In New York every year 45 million elevator trips are being completed in the 90,000 elevators installed in the city.  Building owners are responsible to make sure the elevator is working proprely. If you are concerned by the safety on an elevator, contact the landlord and call 311 to report the issue. The DOB will usually send an inspector in the next 24h. If work is required on the elevator a notice must be posted 10 days prior to the work.

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Tottenvill high schoolA New York City teacher who was caught masturbating on a video conference call is under investigation  according to the NY Daily News. The name of the teacher was not revealed. The News only mentioned that the teacher works at Tottenville High School on the South Shore of Staten Island.

The NYPD received a complaint on Monday afternoon that the teacher appeared naked and masturbating during a video conference call. The NYPD did not indicate if the teacher exposed himself intentionally and if students were involved in the video conference call.

The NYC school has a history of child abuse

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