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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.

Articles Tagged with new york product liability

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E-Cigarette-1After a 17 year old boy recently died from vaping in the Bronx, the city of New York announced that it filed a federal lawsuit against 22 online sellers of e-cigarettes who have been caught selling their products to underage clients. These sellers allegedly targeted young people through social media and advertising for flavored e-cigarettes such as “Lemon Twist,” “Freddy’s Pebbles” and “Whipped Salted Caramel”. They also accepted online purchases from teenagers.

According to the lawsuit that was filed yesterday in US District Court in Brooklyn, the defendants sold e-cigarettes to two New York City residents who were younger than 21 year old but older than 18 year old.  In order to purchase the e-cigarettes online, the two young New Yorkers created an email address and used prepaid Visa gift cards. Among the 22 sellers who accepted the orders some of them didn’t use age verification services or sold the e-cigarettes despite the buyers indicating that they were younger than 21.  The companies then shipped the orders to an address in New York City that was controlled by the New York City Sheriff’s Office. No signature or identification were required.

Last month an emergency ban of flavored e-cigarettes was voted by New York State officials (see previous blog) but last week a New York Court halted the ban one day before it was supposed to take effect after an industry trade group named Vapor Technology Association appealed the decision. The case will now be heard by the Supreme Court in Albany on October 18th. Until that date the ban can’t be applied.

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Defective-sign-NYCA 6 year old boy was seriously injured by a falling New York Street sign yesterday afternoon. The young boy was a tourist visiting from Argentina. He was on the sidewalk at the southeast corner of 32nd Street and Seventh Ave when a heavy street sign detached from the pole and fell on him. The boy was unconscious and transported to the hospital. According to the NYPD he woke up and he is now in serious but stable condition.

The defective sign, a large blue street sign marking West 32nd Street outside the East entrance of Penn Station fell after large gust of winds of up to 40 mph were recorded in the area. It was taken away by the NYPD.

The wind was so strong yesterday in Manhattan that it took down banners and damaged scaffolding all around the city. In the Tri-State area many trees fell down and thousands lost power.

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Best Personal Injury Law Firm 2018The New York Personal Injury Lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, are proud to announce that for the eighth consecutive year the firm has been listed in the newly released 2018 ranking of the Best Law Firms by U.S. News and Best Lawyers®.

For New York City the firm obtained the following rankings:

  • Tier 1 in Medical Malpractice Law – Plaintiffs
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Wallcure simulation ssalineTwo patients were seriously injured in a New York urgent care facility after they were inadvertently administered non sterile simulation intravenous fluids. They both experienced a febrile illness during administration and had to be hospitalized. One of them developed sepsis. Both of them survived.

The cases were reported to the New York State Department of Health (NYSDOH)last year. The NYSDOH  began a collaborative investigation with the CDC in December.  The investigation found that four other New York outpatient facilities had received Wallcur simulation saline. All facilities said they had ordered the real product and weren’t aware that they had received a simulation product until they were were notified by the NYSDOH. Fortunately none of the facilities had used the product yet.

Wallcur recalled all its saline simulation products from the market at the beginning of the year (see previous blog). Investigation was pursued by the CDC at a national level. So far nationally 9 adverse events have been reported for 25 people including 11 hospitalizations. Two deaths occurred even though it wasn’t clear that they were related to the administration of the product.  All clinical facilities that received the products confirmed that they were not aware at time of purchase that the product was intended for simulation only. Read more on the CDC website