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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Our Medical Malpractice Attorneys Jeffrey Bloom and Ben Rubinowitz represented the family  of Joan Rivers after she died during a routine endoscopy at a Manhattan surgery center. Sadly many other patients have died following complications or surgical errors at this type of center as many States still do not have regulations that may prevent them. For example in most of the country there is no law that prohibits a doctor who was laid off by a hospital for misconduct to open a surgery center.

A recent USA TODAY NETWORK and Kaiser Health News investigation found that a surgery center in Arkansas 3 people died during colonoscopy procedures in 15 weeks and none of them were reported to an oversight authority. Patients coming for procedures were obviously not aware of these deaths either. This must change.

The lack of oversight continues to kill patients at surgery centers

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Opiod deaths in constructionConstruction workers have one of the highest risk of suffering from personal injury during their activity. According to the National Safety Council, more than 70,000 construction workers are injured every year in the US with back injuries and hand injuries being the most common. Nearly all construction workers will suffer at least one occupation related injury during their lifetime. Researchers also found that a construction worker that has a career longer than 45 years has a 75% risk of suffering a disabling injury.

Therefore it is not surprising that construction workers are being prescribed a lot of opioids to treat the pain caused by these injuries.

Usually workers receive compensation during the time that they are injured but it is often not enough to make up for lost pay. Therefore many injured construction workers are using opioids to get back to work faster.

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Motorized scooter can cause injuryOver the last months, personal injury lawyers have been receiving an increasing amount of calls regarding motorized scooter accidents. Scooter accidents involving pedestrians as well as single scooter crashes are on the rise in the US with new scooter rental companies setting up shop all over America.

In various cities, especially on the West Coast, companies like Bird and LimeBike are proposing dock-less motorized scooters that can be unlocked with a phone app for an initial fee of one dollar and a rate of 15 cents an hour. Motorized scooters can reach up to 15 miles an hour and are now a common feature in Santa Monica and Washington DC. Motorized scooters are growing in popularity and in many cities in the US they can be seen weaving through vehicular traffic or through pedestrian areas.  Over the last months, in cities where motorized scoooters are legal, personal injury lawyers have also been receiving an increased number of calls from pedestrians who have been hit by motorized scooters and from riders who injured themselves in single scooter crashes caused by a malfunctioning tires or brakes or by road hazards.

Emergency rooms doctors confirm that motorized scooters are leaving behind them a trail of injured riders and pedestrians. Doctors have seen an increased number of patients who suffered head, wrist, elbow and hip injuries after they got involved in a scooter accident. Riders are supposed to wear a helmet but most of them don’t. They are also often wearing earbuds which isolate them further from their surroundings.

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firearm injuries and childrenFirearm injuries are one of the leading causes of hospitalization for children and teenagers in the United States. A recent study by Bradley R. Herrin, Julie R. Gaither, John M. Leventhal and James Dodington compares hospitalization rates by age in urban settings (metropolitan counties of <50,000),  micropolitan settings (population 10,000-49,999) and rural settings (nonmetropolican nonmicropolitan counties of <10,000) . The searchers used the Kid’s Inpatient Database data from 2006, 2009 and 2012 to analyze 21,581 hospitalizations for firearm injuries. They excluded the children who died in the emergency room.

The study found that:

  • More than 77% of hospitalizations for pediatric firearm injuries were teenagers from 15 to 19 year old living in urban settings
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construction workers with back injuryIn the construction industry, manual lifting and moving heavy materials are the leading causes of disabling injuries. Strains, sprains and related soft tissues injuries affect a majority of construction workers and cost billions of dollars to businesses.  Back injuries are the most common disabling injuries for construction workers and approximately 3 out of 4 back injuries that require time off  to recover are due to over exertion. Other common disabling injuries suffered by construction workers are hand and wrist injuries as well as shoulder injuries. Many of these injuries can be prevented by reducing manual material handling.

PLANNING AND COMMUNICATION ARE KEY TO PREVENT INJURIES

The Center for Construction Research and Training (CPWR) is working on creating a new program for contractors to help them with practical tools and information to plan  for safe manual materials handling while staying productive and profitable. The CPWR works with contractors to define the best way to store and move heavy material on construction sites. So far they found that careful planning and communication were key factors in protecting workers from manual lifting injuries.

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ATV on paved roadEven though driving an ATV on the road might be allowed in your town, the Consumer Product Safety Commission recently released an announcement urging ATV users to stay off paved roads.

According to the agency, ATVs which are designed for off road use are more difficult to control on paved surfaces and are at risk of over turning. Obviously there is also a higher risk of collision with cars and other motor vehicles when driving an ATV on a paved road.

ATVs are dangerous vehicles. Between 2010 and 2013, 430,000 people were treated for injuries related to ATV accidents and 2,400 died from these accidents. Among the 2,400 deaths, 770 occurred on a paved road, That’s more than 30% of all ATV deaths.

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Pollack-and-TruhauWhen an accuser or or an accused  in a criminal investigation is a pre-teen or an adolescent, the unpreparedness of law agencies can lead to miscarriages of justice resulting in traumatic impacts.  In a recent article in the New York Law Journal, LISA H. THURAU, an executive director of Strategies for Youth and DANIEL POLLACK a professor at Yeshiva University’s School of Social Work  recommend that law enforcement agencies provide training and guidance on how to better handle cases with youths. Too often in criminal cases, law enforcement officers are not proprely trained to interact with children. This can result in traumatic experiences for the children and their loved ones. Additionally when families try to sue for abuse, the court’s decision is often biased in favor of the defendants.

Download the article here

 

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New York Personal Injury lawyer Anthony GairNew York Personal Injury Attorney Christopher DonadioOur NY Construction Accident law firm is proud to announce that our attorneys Anthony H. Gair and Christopher J. Donadio obtained a $1 million settlement in a construction accident that occurred in New York. The case involved an incident that occurred on a construction site in Manhattan. The plaintiff, who was a worker on the job site, suffered a crush injury to his thumb when a small crane (known as a “gin pole”) failed, and caused a several hundred pound motor to fall on to the plaintiff’s hand.

Due to the incident, the plaintiff was taken by ambulance to the hospital. At the hospital, the plaintiff was diagnosed with a crushed thumb on his non-dominant hand. As a result of the injury, the plaintiff required three surgical procedures to his thumb, including a revascularization procedure and a skin graft.

An action was brought in New York County, Supreme Court, against the general contractor of the construction project, and the owner of the construction site. The action was brought under New York Labor Law §240(1). The Labor Law of New York §240(1) provides that:

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Construction_AccidentAmong the 350,000 construction sites who were required by OSHA to electronically file their annual injury and illnesses log summary by December 31st only 153,653 complied.  61,000 construction sites that were not required to provide electronic records did it anyway. Almost 200,000 work sites  didn’t comply with OSHA’s new electronic record keeping rule. It is not exactly clear why so many companies didn’t comply with the new rule. Some companies may have believed they were exempted, some thought that the deadline would be extended one more time. Other employers didn’t want their data to be published online as the new rule requires it.

Technically OSHA now has  until June 15 to visit the 200,000 locations that violated the rule. Companies who didn’t file may risk up to $12,934  in penalties. Companies who can demonstrate they had difficulty filing electronically as well as companies who can provide a paper copy of their report may be exempted from a fine.

According to Construction Dive, some experts believe that OSHA wasn’t aggressive enough in its compliance effort.

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one of the vehicles recalledIn April 2016, Polaris recalled a potentially defective recreational off-highway vehicle so it could be repaired. The model recalled was the Polaris RZR. The company recalled it after they received more than 160 complaints that some of the RZR models caught fire as consumers were driving. A 15 year old passenger died and 19 people reported injuries such as first, second and third degree burns.

Last December Polaris and the Consumer Product Safety Commission announced that after the repair consumers continued to report fires. These fires have caused death, serious injury and property damage. Additionally new models launched by the company in 2017 have also experienced fires.

If you, a friend or a family member owns a Polaris RZR, please stop using it and contact Polaris at 800-POLARIS or 800-765-2747 from 8 a.m. to 9 p.m. CT Monday through Friday and 9 a.m. to 5 p.m. CT Saturday and Sunday or online at www.polaris.com