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 Posted in Personal Injury

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Our Managing Partner Ben Rubinowitz  was interviewed by Mario Diaz of  PIX 11 as to the recent NYC East Village gas explosion.  Mr. Diaz quoted Ben as follows,  “It’s a  rare thing to have one party to blame. Usually there is shared fault in these cases.” Ben went on to state,  “The gas should have been shut down to the entire building no  matter what until this was rectified. In other words the failure to make sure that everyone was protected is where the fault lies.” To read the full article and see the video  interview click here.

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An explosion that injured 19 people, causing a massive a massive fire which caused three buildings to collapse, was caused when construction workers inside a sushi restaurant in the East Village accidentally hit a gas line. The explosion inside 121 Second Ave., between East 7th Street and St. Marks Place, caused the buildings at 121, 123 and 119 to collapse after they became engulfed in flames, according to city officials. No. 125 was still burning Thursday evening. “The initial impact appears to have been caused by plumbing and gas work that was occurring inside 121 Second Avenue,” said Mayor de Blasio at a news conference Thursday evening detailing the explosion that injured at least 14 civilians and five emergency responders. See Photos,Videos and  Read more at NBC New York.

See Video Below from CBS News;

https://youtu.be/FW9O0r3nuLE

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3449 people were injured and 13 people died  in traffic accidents in New York City in January 2015 compared to respectively 3899 and 21 in January 2014 , 3993 and 28 in January 2013 and 4179 and 21 in January 2012. These numbers are encouraging and may indicate that the Vision Zero Program started approximately a year ago may be effective in making New York City streets safer. Data from December 2014 and January 2015 also show, for the first time, two consecutive months during which the total monthly number of traffic fatalities was below 14. The total number of motor vehicle accidents was stable. Below are graphs depicting traffic accident rates from January, 2013 to January 2015 for various types of accidents for each month for this time period in NYC.

Traffic fatalities NYC january 2015
Motor Vehicle Accident injuries by month in NYC
Motor Vehicle Accidents NYC january 2015
6 pedestrians died in traffic accidents in January 2015 compared to 12 in January 2014, 20 in January 2013 and 12 in January 2012. This is the lowest number since May 2013. This is also half the number recorded the same month a year before.  In January 2015, 902 pedestrians suffered personal injury after being struck by a car compared to respectively 1075, 1107 and 1045 in 2014, 2013 and 2012. Its the first time that this number is below 1000 for the month of January.

Pedestrian deaths and injuries NYC January 2015
115 people were injured and 1 person died in bicycle accidents in January.  Bike accidents are usually at their lowest in New York City during the months of January and February because less people use their bikes because of the bad weather and the snow.

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Five years ago a woman suffered horrific injuries in an elevator accident  in Brooklyn, NYC, after a negligent repairman bypassed a safety mechanism while he was fixing the elevator.  The doors of the elevator caught the arm and the leg of 52 year old Debra Jordan and struck  floor after floor, after the elevator car suddenly shot up. She was almost killed and she is now confined to a wheelchair. The 30 year old repairman was convicted of reckless assault and was sentenced to 3 months in jail with 5 years probation. Read more in the NYDaily News 

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Wallcure simulation ssalineTwo patients were seriously injured in a New York urgent care facility after they were inadvertently administered non sterile simulation intravenous fluids. They both experienced a febrile illness during administration and had to be hospitalized. One of them developed sepsis. Both of them survived.

The cases were reported to the New York State Department of Health (NYSDOH)last year. The NYSDOH  began a collaborative investigation with the CDC in December.  The investigation found that four other New York outpatient facilities had received Wallcur simulation saline. All facilities said they had ordered the real product and weren’t aware that they had received a simulation product until they were were notified by the NYSDOH. Fortunately none of the facilities had used the product yet.

Wallcur recalled all its saline simulation products from the market at the beginning of the year (see previous blog). Investigation was pursued by the CDC at a national level. So far nationally 9 adverse events have been reported for 25 people including 11 hospitalizations. Two deaths occurred even though it wasn’t clear that they were related to the administration of the product.  All clinical facilities that received the products confirmed that they were not aware at time of purchase that the product was intended for simulation only. Read more on the CDC website

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TestosteroneIn recent years the off-label use of testosterone has been exploding as doctors prescribed testosterone to their aging patient to improve their libido and make them feel more vigorous and younger. However, the FDA warned that recent studies indicate that the off label use of testosterone as the ultimate anti-aging therapy may  increase cardiovascular risks.  Testosterone was only approved by the FDA to treat hypoginadism, a condition of the sex glands that can be genetic or result from damages of chemotherapy or infection.   Therefore the FDA is now requiring all manufacturers of approved prescription testosterone to change their labeling to clarify the approved used of the medication and warn about  the possible increased risk of heart attacks and strokes associated with testosterone use. Read more in Medical Law Perspectives

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Polly+Trottenberg+Bill+De+BlasioFour NYC streets that have a very high pedestrian fatality rate may be completely redesigned and reconstructed in a safer way over the next four years. According to mayor de Blasio’s preliminary budget, 100 million will be allocated to make Queens Boulevard safer and the other 150 million will be allocated to Fourth Avenue and Atlantic Avenue in Brooklyn as well as the Grand Concourse in the Bronx. These four streets have been identified as some of the most deadly streets in New York City and even though some safety upgrades such as lower speed limits and speed cameras have already been implemented, the city is planning to completely redesign them. According to officials, theses safety improvements should lead to a reduction of 30 to 40% of deaths and injuries on these streets. Read more in Transportation Nation
Picture: Mayor de Blasio and Department of Transportation Commissioner Polly Trottenberg

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A year ago 8 people were killed and many others suffered severe personal injuries in a gas explosion that destroyed two five-story buildings in Manhattan. A vigil led by Council Speaker Melissa Mark-Viverito was held this to mark the anniversary of this tragedy. Cecilio Hernandez, a Mexican immigrant who lost his wife and his daughter in the explosion will be among the attendees with Oscar, his teenager son who was badly injured and spent months in the hospital recovering from his injuries. The family lived in the 1644 Park Avenue building. Four other victims lived in this building: Griselde Camacho, 44, Carmen Tanco, 67, George Amadeo, 44, and Alexis Salas, 22.  The two other victims 43 year old Andreas Panagopoulos and 34-year-old Mayumi Nakamura lived at 1646 Park Avenue.

The investigation indicates that the ground beneath the building was saturated with natural gas.

The 8:30 a.m. vigil was held at 108 E. 116th St. and attended by other survivors of the blast along with Mark-Viverito and other elected officials. Read more in the New York Daily News

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Dave Jones, a 21 year old pedestrian, was killed and several other people were injured in a car accident in Crown Heights, Brooklyn, NYC  Sunday night. 18 year old Raymond Ramos was driving his Volkswagen Passat with two other occupants when he was pulled over by the police after they detected the smell of marijuana coming out of his car. Instead of pulling over the teenager sped off.  As he was fleeing from the police, Ramos hit another car and both vehicles careened onto the sidewalk where Ramos’s car hit a pedestrian. The two occupants of Ramos’car and the driver of the other car all sustained non life threatening personal injuries. The pedestrian, Dave Jones suffered a critical head injury and was pronounced dead at the hospital. Ramos was arrested and charged with Criminally Negligent Homicide, Vehicular Assault, First Degree Reckless Endangerment, Fleeing Officer in Motor Vehicle, Unauthorized Use of Vehicle, and Traffic Device Violation. Read more in the Gothamist

The death of David Jones and the arrest of Raymond Ramos reminds us of  4 year old Ariel Russo who was also killed on the New York City streets  by a teenager trying to flee the police (see previous blog)

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Two people were badly injured this morning in a bus accident in New York. The bus was about to enter a ramp connecting the Henry Hudson Parkway to the George Washington Bridge when it slid down the embankment north of Fort Washington Park. The two victims who were the only two people in the bus were rescued by the FDNY and taken to the hospital. The police are still investigating the cause of the crash. Read more on the NBC New York website

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