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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Teen speeding is a leading cause of fatalitiesSpeeding is the cause of many fatal crashes especially among teenagers. A recent analysis conducted by Richard Retting of Sam Schwartz Consulting for the Governors Highway Safety Associations found that teen drivers and passengers account for a much greater proportion of speeding related fatalities than any other age group.

From 2015 to 2019, 4,930 teen drivers and passengers died in car accidents related to speed. Speed related accidents accounted for 43% of all teen fatal car accidents. As a comparison speed is a factor in 30% of all fatal accidents for people above 20.

Globally, car accidents remain the main cause of fatalities among teens with the 16 year old’s being the most at risk

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rhino-pillRhino Pills and other herbal sex supplements for men often contain hidden ingredients that have caused injuries and even, in rare cases death to consumers.  These types of supplements can still be found at many gas stations around the country, at Walmart and on Amazon despite multiple FDA warnings and  the original manufacturer of the Rhino pill being sentenced yesterday to 4 years in prison.

Nam Hyun Lee, an illegal immigrant from South Korea based in California got into the business of selling sex herbal supplements in 2015.  His marketing was convincing with flashy Rhino labels and consumers quickly noticed that the supplements were actually working. Lee illegally  spiked his herbal supplements with Sildenafil or Tadalafil, the drugs used in Viagra and Cialis. The drugs were illegally imported from China, packaged at warehouses in Southern California and shipped all over the country. Lee was caught when one of the drug packages sent under the description “acrylic paint” was seized by custom agents and tested positive for Sildenafil.  He was arrested in 2018 and has been in federal custody since that date. It is estimated he sold between $3 million and $9 million of sex supplements.

While Lee has been convicted, other unscrupulous competitors quickly took over the market and continue to sell the Rhino brand name or other variations of sex herbal supplements.  Gas stations, Walmart and Amazon still sell them despite multiple FDA warnings.

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accident scene28,190 people died in car accidents in the US in the first 9 months of 2020 compared to 26,941 during the same period of 2019.  This represents a 4.6% increase in car accidents fatalities in the US while at the same time the umber of miles travelled decreased by 14.5 %.  These numbers are early estimates recently published by the National Highway Traffic Safety Administration.

First a decline during the lockdown and then an explosion of deaths

While looking at each month’s fatalities, data show that during the lock down fatalities declined significantly and then exploded after things gradually reopened. In March 2020 car crash fatalities in the US were down by 7.7%, in April by 19% and in May by 2.7%. Then, in June  2020, crash deaths increased by 16% compared to June 2019, by 13% in July, by 13% in August and by 13% in September.

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Linemen have one of the most dangerous job in the construction industryDerrick workers in oil gas and mining, roofers, ironworkers, crane operators, construction helpers, landscaping supervisors, highway maintenance workers, cement masons, ground maintenance workers, maintenance workers and mining machine operators have some of the highest death rates among all workers. Out of the top 25 most dangerous jobs  in the US, 12 of them are related to the construction industry according to a recent study released by AdvisorSmith.

Derrick operators in the oil gas and mining industry whose job is to operate and maintain the derrick and drill equipment used to extract oil or gas have the third most dangerous activity of all American workers behind logging workers and aircraft pilots and flight engineers. The average yearly salary of a derrick operator is $51,390 and the average fatal injury rate is 46 per 100,000 workers.  20 of them died on the job  in 2018 according to the most recent data of the Bureau of Labor Statistics.

Roofers who average a $42,100 yearly salary come right behind them with a fatal injury rate of 41 per 100,000 workers. 96 of them died in roofing accidents in 2018.

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NYC construction workers1,061 construction workers died on the job in the US in 2019, 5% more than in 2018 according to the annual National Census of Fatal Occupational Injuries report recently released by the US Bureau of Labor Statistics.

The private construction industry remains one of the most dangerous  industries with a fatality rate of 9.7 deaths per 100,000 workers in 2019 compared to 3.5 deaths per 1000.000 average for all industries in 2019. In 2018, the rate of fatality in the private construction industry was 9.5 per 100,000 workers.

Roofers and and construction trade helpers have the highest rate of fatality among  all construction workers

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accident sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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280px-Patient_receiving_dialysis_03The corporate dialysis industry is resorting to unethical tactics and medical malpractice to prevent patients getting the kidney transplant they need to survive and to keep them on dialysis for years. As a result, many patients who had to go to dialysis centers several times a week during the pandemic, caught Covid19 and died. In a recent investigation, ProPublica describes the multiple obstacles that JaMarcus had to go through to be able to get on the list for a kidney transplant before the covid19 pandemic hit and he ultimately died from contracting the virus at a dialysis center.

In the US, two companies, DaVita and and Fresenius, control 70% of the dialysis market

Patients who require dialysis are mostly patients who suffer form diabetes and who develop end stage kidney failure. While many of these patients could be saved by receiving a kidney transplant, two corporate dialysis companies are spending millions in heavy lobbying so they can continue to get multi billion dollar revenues from mostly Medicare patients who are getting dialysis multiple times a week instead of receiving the transplant they need. According to a recent article in Kaiser Health News, over the last 4 years DaVita and Frenesius spent $212 million just in California to influence voters and politicians and fight a ballot initiative that would have capped their profits.

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Snow stormWinter storm related injuries and fatalities can often be prevented by preparing ahead. Now is the time for individuals and employers to prepare and get ready for future winter snow storms. The occupational Safety and Health Administration just released a set of guidelines that covers most winter weather related hazards and how to prevent them:

  • Winter driving is always hazardous, OSHA recommends drivers who have to drive in wintery conditions to follow the “3 P’s of safe driving: “Prepare for the trip”, “Protect yourself” and “Prevent crashes on the road”. Preparing for the trip means checking that the car is well maintained, making sure that the breaks are proprely balanced, that the cooling system has a proper mix of antifreeze and water, that the battery is fully charged, that the tires are in good condition and proprely inflated, that the windshield wipers are in good condition and that your windows are clear. Protect  yourself  and your passengers by making sure everybody buckles up and children are in proper seats in the back. Prevent crashes by avoiding drugs and alcohol, keeping a safe distance between cars, keeping alert for pedestrian and avoiding fatigue.
  • Special precautions should be taken for workers exposed to traffic as drivers may skid or loose control of their vehicle during winter weather and strike workers. Signs, cones barrels and barriers should be set up to protect workers.
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Brookklyn bridge bike lane and pedestrian lane are too narrowDelays in the Hudson Tunnel Project are putting thousands of  travelers at risk of dying in a major infrastructure disaster every day. The Hudson Tunnel which was seriously damaged during Super Storm Sandy after salty water flooded the tunnel has since been suffering from rapid deterioration.  The project to built another tunnel under the Hudson River and to rehabilitate the old one has been postponed mainly because the Trump administration refuses to make good on the previous decision by the Obama administration to pay for half of the project which is estimated at $11.6 billion. Every day an average 450 Amtrak trains carry an estimated 200,000 passengers through the tunnel which is kept operational by ongoing emergency maintenance. Amtrak says the tunnel is safe however the salty water that entered the tunnel during super storm Sandy left behind corrosive chlorides which are attacking the concrete tunnel liner and bench walls where the electrical and train signaling systems are located.

According to a recent article in Construction Dive, the delay in the Hudson Tunnel Project is on the top of the list of the five biggest infrastructure disasters waiting to happen in the US. The second one is the portion of U.S. Highway 1 that runs on the East Coast of Florida. The Highway is on the top of the list of America’s most deadliest roads with more than 1000 people dying in crashes yearly. The Mojave River Dam in San Bernardino is  number 3 on the list. The dam has a high risk to fail according to the U.S. Army Corps of Engineers which assess the risk of failure of American dams. A failure of the Mojave River Dam threatens 300,000 people living in communities located as far as 140 miles away from the dam. The Brooklyn Bridge is number 4 on the list of the largest infrastructure dangers in the US.  The Brooklyn Bridge is listed among 46,000 other bridges in the US which are structurally deficient. However, the bridge might soon be removed from the list as it is undergoing a $238 million rehabilitation. Last on the list of the top 5 infrastructure disasters waiting to happen is the lead contamination of the water in Chicago. The use of lead pipes as service lines was banned by federal laws in 1986 but Chicago still relies on 400,000 lead service lines to bring the water into 80% of the city’s homes. As a result two thirds of Chicago homes have lead in their tap water and one third of them have a lead level which is above the level autorized in bottled water.

 

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teen driverThis week is National Teen Driver Safety Week. For the 13th consecutive year, the National Highway Traffic Administration is organizing a one week campaign to raise awareness  and seek solutions to prevent and reduce teen drivers fatalities and injuries.

Car accidents are the leading cause of fatality for teenagers in New York and in the US

In New York State, every day, 10 people are injured or killed in an accident caused by a teen driver.  Unsafe speed accounts for 21% of these accidents, driver inexperience for 8%, failure to yield right of way for 6%, driver distraction for 4% and alcohol for 1%.  Male teen drivers have a higher risk of causing an accident than female teen drivers. Drivers with only a few months of experience driving alone are also at high risk of causing a crash as well as teen driver driving with other teens on board. In New York State, teen drivers are at fault in almost 80% of the car crashes resulting in incapacitating and fatal injuries.

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