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 lawyer

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3D_Medical_Animation_of_Left_Atrial_Appendage_OcclusionBoston Scientific has issued updated instructions for products used in the implantation of its Watchman left atrial appendage closure device after the Food and Drug Administration (FDA) linked the procedure to 120 serious injuries and 17 patient deaths.

FDA Safety Alert Highlights Increased Risk Under Sedation

According to an FDA safety communication released on August 8, 2025, the updated instructions apply to the FXD Curve, Truseal, and Trusteer access systems—all of which are used to implant the Watchman device. The FDA warned that patients sedated but not placed on mechanical ventilation during the procedure face a heightened risk of air embolism, a dangerous condition caused when an air bubble enters the bloodstream.

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construction workers must be protectedConstruction employers have a legal duty to provide a safe workplace under both federal OSHA regulations and state workplace safety laws. This duty includes taking reasonable steps to prevent heat illness by providing water, shade, rest breaks, training, and emergency response plans.

If your employer fails in these duties and you suffer a heat illness injury, you may be entitled to:

  • Workers’ Compensation Benefits: These benefits typically cover medical treatment costs, rehabilitation expenses, and a portion of lost wages. You generally cannot sue your employer outside of workers’ compensation, but benefits should adequately cover your injury-related losses.

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Ben Rubinowitz to speak at Trial UniversityGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that Managing Partner Ben Rubinowitz will be speaking at the upcoming Trial Lawyers University (TLU) Skills Training Bootcamp, taking place June 4–7 in Huntington Beach, California.

This immersive four-day event brings together some of the nation’s top trial lawyers to focus on the science and technique of human connection in the courtroom. Developed over nearly a decade, the TLU Skills curriculum breaks down complex courtroom communication into identifiable, repeatable micro skills—such as eye contact, voice and emotional control, word selection, and listening. These skills are practiced, recorded, and coached in the context of voir dire, opening statements, and cross-examination.

Ben Rubinowitz’s session will focus specifically on jury selection, a foundational moment in any trial that can determine how a case unfolds. Ben will lead a workshop on how to question jurors about:

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NYPD chase can result in dangerous accidentsA chaotic scene unfolded early Sunday morning in Jackson Heights, Queens, when a high-speed police chase ended with a car careening onto the sidewalk and striking pedestrians at the intersection of 80th Street and Northern Boulevard. The incident, which sent two people to the hospital, raises serious questions about public safety during police pursuits and the accountability of reckless drivers.

The chase began around 2 a.m. in Astoria when NYPD officers attempted a routine traffic stop. Instead of complying, the driver of a white BMW sped away, leading police on a two-mile pursuit. The chase ended when the vehicle crashed into an FDNY call box near Northern Boulevard, narrowly avoiding a restaurant.

Unfortunately, the out-of-control vehicle struck four pedestrians, two of whom required hospitalization. A 23-year-old man suffered a leg laceration, and a 28-year-old woman sustained back injuries. Both are reported to be in stable condition. Witnesses described the scene as chaotic, with one local resident, Danny Rojas, expressing relief that no lives were lost and hoping for justice.

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NYC Personal Injury Attorney Rachel JacobshlawcouncilWe are proud to announce that our partner, Rachel Jacobs, will be a featured panelist at her undergraduate alma mater, Binghamton University’s Women in the Law event. This event, hosted by the Harpur Law Council, brings together distinguished female attorneys to discuss their careers, challenges, and the evolving landscape for women in the legal profession.

Date: Wednesday, Oct. 9

Cost: Free

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New York Personal Injury Attorneys Rubinowitz and TorganIn an article published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write about the critical importance of expert cross-examination in trial advocacy. Their piece, titled “Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes,” offers a deep dive into the strategies attorneys can employ to effectively challenge the credibility of expert witnesses.

The deadly Metro North Train AccidentDrawing on the IN RE METRO NORTH trial, presided over by Honorable Paul Marx in Westchester County Supreme Court, Rubinowitz and Torgan explore how meticulous preparation and a thorough understanding of the case can expose flaws in an expert’s analysis. Rubinowitz and Richard Steigman, served as lead trial counsel for all injured passengers, successfully leveraging cross-examination to reveal critical errors in the defense’s expert testimony, which played a significant role in the trial’s outcome.

This article is a valuable resource for attorneys seeking to refine their cross-examination techniques and underscores the impact that even minor discrepancies in expert reports can have on the credibility of testimony and the jury’s perception.

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US_Supreme_CourtIn a pivotal decision, the U.S. Supreme Court has overturned the Chevron deference doctrine, fundamentally altering the landscape of federal agency authority. This 6-3 ruling in the case of Loper Bright Enterprises v. Raimondo is set to have far-reaching consequences across various sectors, including personal injury law.

Understanding Chevron Deference

Chevron deference, established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., mandated that courts defer to a federal agency’s interpretation of ambiguous statutes it administers, provided the interpretation is reasonable. This principle has played a critical role in how agencies like the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) enforce regulations.

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Pool owners have legal responsibility to make their pool safeIn an alarming span of just 24 hours, three separate drowning incidents occurred in backyard pools across Long Island, leaving communities in East Meadow, Wyandanch, and East Northport reeling from the loss. As personal injury attorneys, these tragic events underscore the critical importance of pool safety and the legal implications that often follow such devastating accidents.

The Heartbreaking Incidents

On Thursday afternoon, first responders were summoned to a home on Second Avenue in East Meadow after a 7-year-old boy was found unresponsive in a backyard pool. Despite swift transport to a nearby hospital, the young boy was tragically pronounced dead. The sorrow and shock felt by the family and community are immeasurable.

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webinar on Ben's medical malpractice verdict of $120 million
NYSTLI Dean Anthony Pirrotti, Jr., Esq., will be hosting a Discussion with our managing partner and celebrated Trial Attorney Ben Rubinowitz, Esq.; Trial Judge Paul. I. Marx; and Defense Attorney Alfred Vigorito, Esq. next Monday May 20, 2024 from 5:00 to 7:00 PM ET.

Ben and our law firm handled a complex Stroke case  involving a 41-year-old individual who was employed, married, and had children. Due to alleged malpractice, he ended up in a nursing home, unable to care for himself or his family. We will discuss the development of this malpractice case, including medical and defense aspects, discovery, depositions, and Motions in Limine. We will emphasize the significance of pleadings and expert responses for both the plaintiff and defendant and how these issues influenced the trial.

Topics include jury selection, binding statements and omissions during jury selection and openings, cross-examination of plaintiff and defendant witnesses, dismissal of a third-party defendant, the potential repercussions of aggressively attacking a witness, leveraging the defendant doctor as an expert, and the introduction of newly asserted cross-claims at trial. Additionally, we will explore the understanding of 50-A and 50-B statutes, the concept of “Loss of Chance,” the valuation of loss of consortium claims, directed verdicts against a defendant, and the strategy of defendants pointing fingers at each other.

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Best Law Firm in product Liability Medical Malpractice and Personal InjuryWe are delighted to announce that for the 14th consecutive year, our firm has earned a spot as a Tier 1 Firm in New York City by U.S. News – Best Lawyers® “Best Law Firms” in the following categories:

  • Personal Injury Litigation – Plaintiff
  • Medical Malpractice Litigation – Plaintiff
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