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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Patients are at risk of technology hazardsArtificial intelligence is rapidly entering hospitals and clinics, powering devices that interpret imaging scans, assist with diagnoses, and monitor patient health in real time. While these tools hold enormous promise, a new study in JAMA Health Forum warns that many AI-enabled devices are being cleared for use without clinical validation — and those devices are significantly more likely to be recalled.

Why This Matters for Patient Safety

AI is increasingly trusted in critical areas of patient care. When these devices are rushed to market without real-world testing, the risks fall directly on patients:

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Hospitals across the country have been warned to immediately stop using certain Draeger mechanical ventilation filters after the U.S. Food and Drug Administration (FDA) issued a high-risk recall notice. The affected devices — SafeStar and TwinStar filters — are used during anesthesia and mechanical ventilation to prevent bacterial and viral contamination.

According to the FDA, the filters can cause misleading carbon dioxide readings during procedures. Carbon dioxide monitoring (capnography) is critical in surgery, particularly under anesthesia, as it helps ensure that a patient is ventilating properly. When readings are inaccurate, medical teams may administer unnecessary or harmful interventions — or fail to provide urgently needed care.

Scope of the Recall

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NYC construction workers have a high risk of fatalitiesBy our New York Construction Accident Lawyers

As temperatures continue to rise during the summer months, construction workers face growing risks of heat-related illness and injury on the job. According to OSHA, employers are legally responsible for providing a workplace that is free of known safety and health hazards—including heat-related hazards. Failing to do so could result in serious harm to workers and legal liability for construction companies.

OSHA’s 2022 National Emphasis Program on Outdoor and Indoor Heat-Related Hazards, along with CPWR’s Heat Illness Prevention (HIP) checklist, provides a clear framework that construction employers should be following. Yet too often, we see workers injured or even killed by preventable heat-related illnesses because basic safety measures were not in place.

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Medical Malpractice Attorney Marijo AdimeyIn a landmark victory for medical malpractice victims in New York, attorney Marijo C. Adimey of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has obtained what is believed to be the highest medical malpractice verdict ever recorded in Nassau County. The jury awarded a unanimous $60,033,041.23 to a 65-year-old electrical mechanic who was left permanently paralyzed following a routine epidural steroid injection.

The procedure took place on November 18, 2019 at the Pain Institute of Long Island. The injection, intended to treat common lower back pain, was administered by Dr. Robert Iadevaio. Within minutes of awakening from the procedure, the plaintiff suffered a spinal cord infarction that resulted in irreversible paraplegia, neurogenic bowel and bladder, neuropathic pain, and incontinence.

The plaintiffs’ legal team presented compelling evidence during trial, including spinal angiogram imaging suggesting an embolic stroke, and inconsistent with the medication listed in the physician’s records. It was alleged that a different medication — one not recommended for use and commonly known to pose a high risk of spinal infarct if accidentally introduced into an artery — was used instead, pointing to a grave error during the administration of the injection. The plaintiffs called experts in the field of Interventional Pain Medicine and Interventional Neuroradiology, who testified that based upon the spinal imaging and known mechanisms of spinal infarct, the physician’s procedure note could not have been accurate.  The result was a life-altering injury that devastated not only the victim’s physical and mental health but also his family’s financial security and emotional well-being. Plaintiffs also called experts in the fields of Neurology, Life Care Planning, Psychiatry and Forensic Economics to present evidence of plaintiff’s profound damages. 

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Queensboro_Bridge_from_Manhattan_sideDespite years of planning and a near-complete pedestrian infrastructure project on the Queensboro Bridge, New York City continues to favor motor vehicles over the safety of its most vulnerable road users. On Saturday, more than 200 activists, including local officials and transportation advocates, walked across the southern roadway of the bridge to protest Mayor Adams’s failure to open the long-promised pedestrian pathway.

As New York City bicycle crash attorneys and pedestrian accident lawyers, we’ve seen firsthand how overcrowded, dangerous infrastructure contributes to severe injuries and fatalities. Nowhere is this more evident than on the Queensboro Bridge, where pedestrians and cyclists are forced to share a single, narrow 10-foot path—often resulting in collisions, near-misses, and chaos.

A Preventable Safety Crisis

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COLORECTAL CANCER PREVENTION
March marks Colorectal Cancer Awareness Month, a time dedicated to educating the public about one of the most preventable yet deadly forms of cancer. Early detection through timely screenings can save lives, but when medical professionals fail to diagnose colorectal cancer in time, the consequences can be devastating. As colon cancer misdiagnosis lawyers, we have seen firsthand how delays in diagnosis or improper medical evaluations lead to advanced-stage cancer, unnecessary suffering, and even wrongful death.

The Importance of Early Detection in Colorectal Cancer

Colorectal cancer is the second leading cause of cancer-related deaths in the United States, yet it is highly treatable when detected early. Medical organizations such as the American College of Gastroenterology (ACG) stress the importance of regular screenings, particularly for individuals aged 45 and older or those with a family history of the disease. When properly diagnosed in its early stages, the survival rate for colorectal cancer is significantly higher.

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construction workers must be protectedThe latest data released by the Bureau of Labor Statistics (BLS) on November 8, 2023, offers a nuanced view of workplace safety trends in the construction industry. While the rate of nonfatal occupational injuries and illnesses among construction workers declined slightly, the raw number of injuries rose, highlighting both progress and areas needing improvement in jobsite safety.

Construction Accident Injury Rate Declines, But Total Injuries Increase

In 2023, the construction industry reported 2.3 nonfatal occupational injuries or illnesses per 100 full-time equivalent (FTE) workers, a modest drop from 2.4 in 2022. This improvement brought construction’s injury rate below the national average of 2.4 across all U.S. industries. However, the total number of reported nonfatal injuries and illnesses increased by 2.1%, climbing from 169,600 cases in 2022 to 173,200 in 2023.

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16 year old Jahel Zihnin was killed in a truck accidentAs personal injury lawyers representing Queens victims, we are no strangers to the devastating impact that reckless drivers can have on families and communities. Recently, families in Queens have been calling for urgent action to protect children from the dangers posed by careless motorists. Yesterday, the group Families for Safe Streets, alongside lawmakers, gathered at IS-125 in Woodside to honor the lives of several young pedestrians who were tragically killed in traffic accidents, including 16-year-old Jael Zhinin (picture). She lost her life in a crosswalk, struck by a truck on the last day of class in June.

The grief and frustration felt by these families are not isolated. Many of our clients have experienced firsthand the sudden loss of a loved one or the long road to recovery after a serious accident. But the pain of losing a child, especially when they were simply walking in a crosswalk or standing on a sidewalk, is unimaginable.

Advocating for Change: Sammy’s Law

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construction workers must be protectedThe U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.

One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”

Targeting Serial Offenders

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construction is the most dangerous job in NYCThe Center for Construction Research and Training (CPWR) recently released a crucial data bulletin, shedding light on the concerning trends in fatal injuries within the construction industry from 2011 to 2022. As Construction Accident Lawyers in New York, we must discuss these findings and emphasize the urgent need for enhanced safety measures and preventive strategies in our industry.

A Grim Overview of Construction Fatalities

According to the bulletin, the construction industry ranked among the top five for fatal injuries in 2022. Alarmingly, from 2021 to 2022, the number of fatal injuries in construction surged by 7.6%, with the rate of such injuries increasing by 2.2%. These statistics underscore the perilous nature of construction work and the critical need for robust safety protocols.

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