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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Personal injury is the number one cause of death among children 1 to 18 year old in America.  Every year, 1 out of 4 children will end up at the emergency room to be treated for unintentional or intentional injury. Some of them will end up with lifelong disabilities. On average, the  American Academy of Pediatrics estimates that $50 billion is spent each year in the US to care for injured children. Children’s injuries often cause emotional distress not only to the child but also to the family. The financial burden caused by injured children often add to the existing stress caused by the injury itself.

Recently, the American Academy of Pediatrics published Best Practices for  Pediatric Injury Care.  In their guidelines, the lead authors David W. Tuggle, MD, FAAP, FACS and Sally K. Snow, RN, BSN, CPEN, FAEN  recommend that:

  • A pediatric trauma system be included in every emergency medical service (EMS) or hospital
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child in strollerEvery year, thousands of infants and toddlers are diagnosed with traumatic brain injury or concussion after a stroller or carrier accident. A recent study by Erica Fowler, MPH, Christopher Kobe, MD, Kristin J. Roberts, MS, MPH, Christy L. Collins, PhD, Lara B. McKenzie, PhD, MA at the Center for Injury Research and Policy, The Research Institute at Nationwide Children’s Hospital, Columbus, Ohio analyzed strollers and carriers injuries from 1990 to 2010. The study was published in Academic Pediatrics.

The researchers found that over a period of 20 years, 360,937 children below 5 years old checked into the emergency room for an injury associated with a stroller or a carrier. The annual average of injuries was 17,187. However this average number didn’t mean much as the number of injuries significantly decreased over the years.

Most of the time, the injury was caused by a fall or a tip-over of the stroller or carrier.

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An estimated 438 people will die and 50,300 will be seriously injured in a motor vehicle accident this Labor Day Holiday. These estimates were released recently by the National Safety Council and cover the period beginning Today at 6:00 pm and ending Monday at 11:59 pm. The estimated number of traffic fatalities is 18% higher than the average number of fatalities for the last six previous Labor Day Periods.  It would also be the highest total number of fatalities for the holiday period since 2008 when the National Safety Council started keeping these statistics.

The National Safety Council also estimated that 170 of these 438 estimated traffic fatalities could be avoided if the front seat passenger wears a seat belt. Another estimated 104 deaths could be prevented if all wear seat belts.

Traffic Fatality Labor Day

Data Source: National Safety Council

 

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surf rescuersWhat are the risks of injury while surfing? As the swell of tropical storms Gaston and Hermine are hitting the East Coast, New York surfers are getting amped-up by possible big waves coming for this Labor Day week-end.  But is it dangerous?

A recent study published in the American Journal of Emergency Medicine says no. The study entitled “Surfing USA: an epidemiological study of surfing injuries presenting to US EDs 2002 to 2013” was conducted by Cole Klick, MD, Courtney M.C. Jones, PHD, MPH and David Hadler, MD, MPH from the Department of Emergency Medicine, University of Rochester – Strong Memorial Hospital, Rochester, NY, USA.  They analysed 12 years of data related to surf accidents and injury in the National Electronic Injury Surveillance System database from the US Consumer Product Safety Commission. They came to the conclusion that surfers do get hurt very often but the injuries are rarely serious.

Among the 2,072 cases analyzed, 41% of the injuries were lacerations, 14% were sprains and strains, 13% were contusions and 12% were fractures. Hospital admission rates were extremely low with 96% of the injured surfers visiting the ER being released after treatment. While the median age of injured surfers showing up at the ER was 27 years old, the study shows that older surfers above 60 were the ones at risk of being admitted for trunk injuries or internal organ injuries. Body parts most often injured were lower extremities, face, head and neck.

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timber formwork The traditional way of building slab form work entails many risks of accidents and injuries to construction workers. The formwork is built on site, usually out of timber and plywood and concrete is poured into it. Several risks of accidents and injuries are associated with this operation such as:

  1. Serious injury or even death caused by a fall off the unprotected sides of the work zone’s leading edge.
  2. Serious injury caused by falling objects such as tools or material to workers  active below the area of the traditional formwork construction
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snoop Dog42 people were injured at a Snoop Dog and Wiz Khalifa concert last Fridat night in Camden NJ. The two artists were performing at the BB&T Pavillon when  a railing collapsed causing dozens of fans to fall several feet below onto the concrete (see video at the bottom). One person was critically injured and dozens of them were transported to the hospital to be treated for minor injuries such as bruises and broken bones.

Accidents at concerts and festivals are not very common however when they happen they are often catastrophic because they include a large number of people that are often intoxicated. It is the responsibility of the event organizers to make sure the venue is safe and that contingency plans are in place in case of complications.  Inadequate protection and planing can quickly lead to dramatic disasters during crowded concerts and festivals.

Here are some of the most terrifying concert accidents that happened in the past, the most deadly were due to fire accidents in venues where organizers neglected attendees safety:

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An eight year old boy died from his injuries after  accidentally drowning in the swimming pool of a cruise ship  that had just left New  York and was heading to the  Caribbeans.  Prince Andepoju from Maryland,  was a passenger abroad the Royal Caribbean’s Anthem of the Seas that had just left  the city on June 30. The cruise ship was on the New Jersey coast when the young boy was found in the pool. He was alive but was critically injured. He was transported to Staten Island University hospital where he died on July 2nd.  The boy was struggling in the pool for 8 to 10 minutes until someone found him.  According to the city Medical Examiner, he  died from accidental  drowning. Seizure disorders were also a contributing factor in the death of the young boy, the Medical Examiner added.

Read more in the NY Daily News

 

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A defectively designed gear-shifting control in some previously recalled 2014 and 2015 Fiat Chrysler Jeep Cherokee models caused 266 crashes and 68 injuries according to a report that was recently published by the National Highway  Traffic Safety Administration.  The report doesn’t mention any deaths despite the fact that Star Treck actor Anton Yelchin was killed on June 19 after his 2015  Jeep Grand Cherokee rolled backward and  fatally pinned him against a wall. According to the report, rollaway crashes are prone to happen with these types of gear-shifting controls because they are confusing for the driver. Most reported cases involved drivers who believed they were in the Park  position and exited the car. Read more in the Claims Journal

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Underride truck accidentUnderride truck accidents are among the most horrific traffic accidents.  They usually involved a car sliding under a truck, most often a tractor trailer truck.  These accidents are often deadly and gruesome. In many cases, pieces of metal from the truck intrude into the vehicle causing passengers severe  head trauma or decapitation.

Regulations requiring rear impact guards on most large trucks exist but they are 20 years old and in need of a serious upgrade.  Therefore a few months ago the National Highway Traffic Safety Administration  (NHTSA) proposed a new rule to update the Federal motor vehicle safety standards that address rear underride protection in crashes into trailers and semitrailers.

The NTHSA proposal requires that the impact guard be strengthened so that it doesn’t deform if a car crashes into it at a speed of 35 mph. This is basically the equivalent of the actual Canadian standards which are themselves 10 years old. 90%  of American trucks already conform to these standards. Many of them even have protective equipment that is superior to the Canadian standards. Therefore the NHTSA proposal seems obsolete before even being launched and it will not do much to reduce the actual number of deaths and injuries related to underride truck accidents.

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Too many workers especially in the construction industry are still being injured or killed at the work place because their boss ignores safety rules. When such tragedy happens we call it an accident. However when a boss ignores safety rules and an employee is being injured or killed because of it, shouldn’t the boss be criminally prosecuted? When a construction worker dies in a trench collapse because the developer or the contractor ignored safety rules isn’t it a crime?

In a recent article in Fair Warning Rena Steinzor,  a Law Professor at the University of Maryland and a Member Scholar at the Center for Progressive Reform and Katherine Tracy a Policy Analyst at the Center for Progressive Reform are advocating for the criminal prosecution of CEOs who are putting profit ahead of safety and treat employees injuries and deaths as a cost of doing business.

Read the complete article here.

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