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 wrongful death

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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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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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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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car-accident-scene-in-Manhattan-scaledAs car accident attorneys in New York City, it’s heartbreaking to witness the increasing frequency of deadly accidents on our streets. Over the past few days, our city has been struck by multiple tragic incidents, highlighting the urgent need for improved traffic safety measures.

Harlem Tragedy: A Family’s Worst Nightmare

On Thursday evening, a devastating crash in Harlem claimed the life of three-year-old Jaynelyse Valdez and injured her two younger brothers and mother. The family was crossing Malcolm X Boulevard with the walk sign when a 40-year-old driver, turning left onto W. 135th Street, struck them. Despite efforts to rush Jaynelyse to NYC Health and Hospitals/Harlem, she was pronounced dead upon arrival. Her two-year-old and four-month-old brothers, along with their mother, sustained minor injuries.

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The headquarter of Philips in AmsterdamIn the ever-evolving landscape of medical technology, the recent recalls by Philips underscore the critical importance of product safety and the potential consequences when things go wrong. As product liability lawyers, these incidents highlight the vital role of legal oversight in safeguarding patient welfare.

Philips Recall of MRI Coils: A Closer Look

On July 9, 2024, Philips announced the recall of several models of Sense XL Torso coils used in MRI scanners, following reports of overheating and subsequent burns to patients. This recall, affecting over 1,000 devices worldwide, has been classified as a Class I event by the FDA, indicating the most severe risk level. The core issue lies in the coils heating up excessively during MRI scans, leading to serious injuries, including twelve reported cases of burns. Although no deaths have been reported, the potential for severe harm necessitates immediate action.

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Car Accident in NYThe upcoming Memorial Day weekend, traditionally a time for celebration and travel, also marks one of the most dangerous periods on U.S. roads.

As attorneys representing victims of car accidents, we recognize the profound impact that crashes can have on individuals and families.  The National Safety Council (NSC) estimates that 418 people may lose their lives in motor vehicle crashes over the holiday period from Friday, May 24, to Monday, May 27. This represents an 11% decrease compared to last year’s estimate, but it still underscores the critical need for heightened awareness and preventive measures.

The Role of Infrastructure and Driver Behavior

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courage-to-intervene-promise-wsl-nrsf-final3This week is National Passenger Safety Week. Initiated by We Save Lives and the National Road Safety Foundation, the National Passenger Safety Campaign is a groundbreaking movement. It unites over 60 organizations in a common belief: passengers must actively participate in ensuring their safety and that of others. The campaign’s message is simple yet powerful – encourage passengers to “SPEAK UP” against reckless driving.

A glance at the statistics from 2020 is sobering

  • Approximately 16% of all traffic fatalities were passengers.
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Misdiagnosis can lead to serious harm and deathMisdiagnosis of diseases and medical conditions is leading to an estimated 800,000 cases of permanent disability or death each year according to a recent study published by researchers at the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, in partnership with researchers from the Risk Management Foundation of Harvard Medical Institutions Inc.

Misdiagnosis is not a mere statistic; it is a human tragedy that affects hundreds of thousands of patients and their families every year. The report reveals that approximately 371,000 people lose their lives, while another 424,000 suffer from permanent disabilities annually due to misdiagnosis. These disabilities encompass brain damage, blindness, loss of limbs or organs, and even metastasized cancer. Behind these numbers are real individuals whose lives have been irreversibly altered or lost due to medical negligence.

The Top Culprits: Stroke and Other Common Diseases

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pregnancy medical malpracticeThe alarming rise in maternal deaths in the United States has become a pressing issue that demands immediate attention. According to a recent study published in the Journal of the American Medical Association (JAMA), the number of individuals dying from pregnancy-related causes has more than doubled over the past two decades. This devastating trend affects all racial and ethnic groups, with the worst outcomes observed among Black women, Native American and Alaska Native people. As medical malpractice lawyers representing victims of birth related injuries and deaths, we are deeply concerned about the persistently high maternal mortality rates and the disparities that continue to place certain populations at greater risk.

The study highlights the detrimental impact of structural racism and the historical lack of access to adequate healthcare services on maternal mortality rates

The disparities in healthcare outcomes are further exacerbated for populations that have been historically underserved. Black women, in particular, have consistently experienced the highest maternal death rates, which have more than doubled over the past two decades. Similarly, the rates for Native American and Alaska Native people have tripled during the same period.

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GSHA pedestrian fatalities reportThe alarming increase in pedestrian fatalities in the United States has reached its highest level since 1981, according to a recent report released by the Governors Highway Safety Association (GHSA).

The GHSA report reveals that in 2022, at least 7,508 pedestrian died marking a staggering 77% increase since 2010. This tragic statistic signifies not only a significant loss of life but also a growing safety disparity for pedestrians compared to other traffic-related fatalities, which saw a 25% increase over the same period.

Multiple factors contribute to this escalating crisis. Dangerous driving behaviors, inadequate infrastructure, and the prevalence of larger and heavier vehicles all play significant roles in the rising number of pedestrian fatalities. Regrettably, the onset of the COVID-19 pandemic witnessed a surge in dangerous driving practices, which have persisted and further jeopardized the safety of pedestrians.

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