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.

Articles Tagged with personal injury

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Construction workerThe leading cause of non fatal personal injuries among construction workers is Musculoskeletal Disorders (MSDs). Construction work is physically demanding and involves manual material handling that requires construction workers to effectuate tasks such as carrying, pushing, lifting, lowering or holding heavy material or equipment. As a result construction workers are prone to soft tissues injuries. Strains and sprains are common as well as more serious injuries to the muscles, the tendons, the ligaments, the nerves, the cartilages and the disks. Not only musculoskeletal disorders  can be extremely painful but they also force the worker to stop working and therefore reducing his income. It is also a burden for the employer in terms of productivity.  Healthy workers keeps costs low and productivity high for contractors. Therefore incorporating ergonomics on a construction site is a win win situation for both workers and contractors.

Helping contractors address ergonomic hazards and reduce workers risk for musculoskeletal disorders

This afternoon the Center For for Construction Research and Training is offering a free webinar that will look at how to Incorporate Ergonomics into a Construction Safety Management Program. Presented by Ann Marie Dale, Associate Professor, Washington University School of Medicine, the seminar will introduce participants to available tools, equipment and work processes that are available to reduce the physical demand of the construction workers job. She will explain how contractors can include these tools and techniques in the day to day activities of a construction site and promote a culture of safety on the construction site. Dr Dale has over 30 years of experience in the clinical treatment of work-related upper extremity conditions and in worksite based prevention of musculoskeletal disorders.

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prescription-drugFor the first time in US history, accidental injuries have become the third leading cause of death in America after cancer and heart disease.
According to the most recent statistics, 161,374 people died from unintentional injuries in 2016 in the US. 190,8038 died from cancer and 635,260 died from heart disease in the US in 2016. Accidental injuries rose by 10% in 2016. This represents 14,803 more people dying in 2016 than in 2015. The largest yearly increases in accidental injuries since 1936. Every second an American suffers an accidental injury and every 3 minutes one of them dies from one.

The most common accidental injury  leading to death is poisoning in the adult population

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JohnsonTo defend  against the nearly 15,0000 product liability lawsuits over its talc products, Imerys Talc America, a main supplier of talc for Johnson & Johnson, recently  announced that it filed for bankruptcy.  Most of the lawsuits against the company alleged that the company continued to supply its products while knowing that they could cause ovarian cancer or  asbestos-related mesothelioma.

The company, a subsidiary of the French company Imerys SA, is denying all accusations that the company knew that the talc powder that it supplied mainly to Johnson & Johnson could cause cancer.

However while filing for bankruptcy the company also mentioned a multibilllion-dollar verdict against Johnson $ Johnson that attracted a lot of attention from  the media.  Last July, 22 women obtained a $4.69 billion verdict against Johnson and Johnson on allegations that the talc powder they used was tainted with asbestos and caused ovarian cancer.

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Elevator Accident Deaths in ConstructionIn 2017 24,890 people who suffered personal injury in an escalator or elevator accident were treated in American hospitals, compared to 25,951 in 2016 and 19,005 in 2007. The number of elevator accident injuries has been on the rise over the last 10 years in the US.

Fatalities related to elevator and escalator accidents are less common and occur mostly on construction sites. According to the Quarterly Report recently published by the Center for Construction Research and Training (CPWR) 28 workers died in elevator accidents on construction sites in 2016 compared to 14 in 2003. The number of workers dying in elevator accidents has been on a rising trend since 2003 with a peak at 37 in 2015.

The workers who are the most at risk of dying in an elevator accidents are those who are constructing, assembling or dismantling elevators. They represent 40% of the elevator accidents fatalities in construction. Workers who are operating heavy equipment and workers in charge of the repair and the maintenance are also at risk of dying in elevator accidents. They both represent 20% of the elevator accident fatalities suffered by construction workers.

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Protect construction workers from winter injuriesDuring the winter, New York construction workers face difficult conditions  that put them at risk of specific injuries. Contractors are responsible for their workers safety and they should take extra precautions to protect them from cold related injuries.

The Center for Construction Research and Training (CPWR) just released a serie of infographics in English and Spanish that can be used by contractors to make sure their employees are taking special precautions to protect themselves from winter injuries.

Workers should dress appropriately and contractors should make sure that they provide a heated area for their workers where they can take frequent breaks and drink plenty of warm and sweet beverages. Caffeine and of course alcohol should be avoided.

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US deaths from Methylene ChlorideMethylene Chloride is a dangerous product that has previously caused the death of many people. Short term exposure to methylene chloryde can cause mental confusion, nausea, vomiting , headache and death in the worst cases. In the long term, workers exposed to it can develop cancer, nervous system problems, toxicity in their kidney, liver and reproductive system.Major retailers such as Lowes and Home Depot have removed it from their shelves even before the EPA finalized a ban proposal that was published one day before President Obama left office.  In Europe the deadly chemical was pulled from general use in 2011.

Last May, Scott Pruit confirmed that the EPA was committed to finalize the proposed methylene chloride ban however last month the EPA drafted two new final rules that would ban the use of methylene chloryde to regular consumers but not to commercial operators.  Two new final rules drafted by the EPA allow the usage of the dangerous product for commercial use as long as the workers using it have been trained.  These rules that have not been made public yet but that have been sent by the EPA to the Office of Management and Budget have sparked the furor of public health advocates and and of congressional Democrats. This is a major step back compared to the proposed rule announced by the EPA during the Obama era.

Workers specialized in refinishing bathtubs are the most at risk of dying from Methylene Chloride exposure

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respiratory test set upThe dust generated on construction sites can have adverse health effects on construction workers. Different activities on construction sites can generate different types of nanoparticles and ultrafine particles that can lead to serious respiratory diseases such as silicosis and lung cancer. To prevent these diseases the NIOSH recommend that workers use N95 respirators. However according to a recent pilot study conducted by the Center for Construction and Research Training (CPWR), these respirators might not protect construction workers properly depending on the task that they execute.

The CPWR used two manikins fitted with two types of  NIOSH approved N95 masks, the pleated N95 mask and the foldable N95 and assessed their respiratory protection against ultrafine particles and nanoparticles in various construction environments.

The researchers first found out that it was very difficult to get the N95 masks themselves as they were out of stock or back ordered for several weeks and substitutes had to be used for the studies.

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Netflix notice to prevent injuries

The new internet Bird Box Challenge can lead to serious injury. Named after a new Netflix horror movie starring Sandra Bullock during which the characters have to live their life blindfolded to avoid invisible creatures, the Bird Box Challenge has regular people and also many celebrities filming themselves doing all kinds of activities blindfolded.

While some keep it pretty much safe such as Michael Strahan from Good Morning America trying to put lipstick on Sara Haines while blindfolded, others like actors Jake Paul and George Janko even attempted to drive blindfolded during a 24h challenge. Some parents have been involving their children and some choking videos emerged of  children bumping into the walls or destroying furniture.

The challenge became so popular that Netflix had to issue a warning asking people not to put their life in danger for this challenge.

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Medical Malpractice Attorney Christopher_DonadioOur Personal Injury Law Firm is proud to announce that our attorney Christopher J. Donadio obtained a $3 million verdict in a medical malpractice case in New Jersey.

The case involved a 74 year old plaintiff who sought treatment with a gastroenterologist due to a cyst on his pancreas. After visiting the gastroenterologist, the plaintiff underwent a blood test to check for evidence of cancer, but did not undergo any further testing. Sixteen months later, the plaintiff underwent testing due to his inability to control his blood sugar. It was determined at that time that he was suffering from pancreatic cancer. Unfortunately, the plaintiff passed away from his cancer eleven months after being diagnosed.

A claim was brought against the treating gastroenterologist for failing to recommend further testing for the plaintiff’s pancreatic cyst. Plaintiff claimed that had further testing been done, specifically an endoscopic ultrasound, the pancreatic cancer would have been diagnosed sixteen months earlier and would have given him a much better chance at surviving the disease. A claim was also brought against a radiologist who plaintiff claimed failed to point out worrisome features of the pancreatic cyst when reviewing a CT scan of the abdomen.

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Dragon's_breathDipping dessert items into liquid nitrogen right before consumption can cause severe injury and should be avoided. A trendy dessert called Dragon Breath, Heaven’s Breath or Nitro Puff that consists of a cereal snack that taste like fruit loops dipped into liquid nitrogen right before consumption is being sold at malls, fairs, food courts or ice cream parlors. When you eat the dessert your mouth smokes like a dragon which makes for some cool Instagram pictures. However liquid nitrogen even though it is not toxic can cause severe injuries if not handled proprely because of its extremely low temperature. It can be as cold as minus 320 degrees and if it is still present in the food when someone ingests it it can cause severe burns to tissues.  Not only fingers but the mouth or the throat and even the stomach can be burned. Last year a 14 year old had to be hospitalized after burning her thumb. In India a man who swallowed a cocktail with liquid Nitrogen too quickly ended up at the emergency room with a hole in his stomach.

Dangerous for people with asthma too

Additionally people may also experience problems with breathing especially those who suffer from asthma. In the video below a mother explained how her son, 20 minutes after ingesting a few dragon breath treats at a fair went into a full blown asthma crisis and had to transported to the hospital to be treated.