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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FDA-logoMany defective medical devices might still be used by medical professionals because deaths that occurred when using these devices are being mislabeled as injuries in the FDA Medical Database according to a study published last week in JAMA Network. The study looked at 290,141 reports of defective medical devices that resulted in serious injuries or deaths that were processed by an algorithm. They found that 52% were classified as deaths and 47.9% were classified by the algorithm as malfunction, injury, other or missing. Among these 47.9% that were not classified as death, 23% of these reports were indeed death reports that were not classified proprely by the algorithm. As a result many deadly devices might still be used on patients.  The FDA must review all reports classified as death but does not routinely review all reports that are classified as other or misfunction.

The most dangerous of all medical devices were the ventricular assist bypass devices. These devices represented 13% of all adverse event reports. Coming in second position was the dialysate concentrate for hemodialysis in liquid or in powder with 8.7% of all adverse event reports. The third most reported defective devices were the transcervical contraceptive tubal occlusion devices with 5% of all adverse reports.

The authors of the study also mention that 95% of the adverse event reports were made by manufacturers and not by healthcare facilities or physicians which might constitute a conflict of interest. The authors note that delays in reporting serious injuries or deaths were common. An example of this issue was the Essure permanent birth control device. 32,000 women reported issues with this device between 2002 and 2013 while the FDA only received 1,023 reports.

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accident sceneTwo men died in a two separate motorcycle accidents in Brooklyn, NYC, this week-end. A woman who was a passenger in one of the accidents is in critical condition. The first accident took place on the Williamsburg Bridge on Saturday night, around 9:40 pm. 48 year old Khayyam Jackson was riding his motorcycle at high speed going toward Brooklyn. As he was trying to pass a car he rear-ended it and as a result lost control of his bike and careened into a pillar of the bridge. The impact was so strong that the motorcycle driver was killed in the accident. The driver of the car remained at the scene of the accident and was not charged.

A few hours later, early Sunday morning, around 2:15 am, 30 year old David Fuller-Gist was riding his motorcycle with a 24 year female passenger on Atlantic Avenue in Crown Heights when he lost control of his bike. He crashed into a pillar of the elevated Long Island Rail Road tracks at the intersection of Troy Ave. Both riders were rushed to the hospital. David passed away and the female passenger was in critical condition. (Read more in the NY Daily News )

Speeding BMW driver  kills 77 year old woman on the Van Wick Expressway

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A man suffered severe burns in a sidewalk explosion in Queens last week.

57 year old Barry West was heading to his T-mobile store to pay his cell phone bill when a Coned underground transformer exploded sending a ball of fire through the sidewalk grate. The man was engulfed in the flames before he was able to move to safety. He suffered second degree burns in multiple areas of his face and body and was immediately hospitalized.  The man was still in the hospital a week after the accident. He told the NY Daily News that the explosion just came from nowhere. He felt he lost a lot of skin and was in so much pain that he could not work.

A similar explosion occurred at the same location exactly one day earlier and partially destroyed the front of a pizzeria next door  (read more and see video of the accident in the NY Daily News).

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location of the bee-line bus accident in the Bron NY11 people were injured including one critically after an articulated bus of the Bee-line system from Westchester county crashed into a pillar of the elevated subway line on Jerome Avenue near the intersection of East 213th Street in the Bronx, NYC. The bus was serving the 4 line and transporting passengers between Yonkers and Bedford Park in the Bronx. A car that previously collided with another one slammed into the bus pushing it into the pillar.

One 69 year old man in critical condition

Some of the bus accident victims were taken to the hospital by EMS, others were treated at the scene.  Among them, was the driver of the bus who was put on a stretcher and rushed to the hospital. The bus drivers told witnesses that 3 people were more injured than he was. A 69 year old man who suffered critical traumatic brain injury is in critical condition. He also said he was a veteran driver who was planning to retire next year and never had an accident in his entire career as a bus driver.

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A decorative stone arch on the top of the front door of a residential brownstone in Brooklyn collapsed on the stoop and destroyed it, prompting the Department of Buildings to evacuate the building. Luckily nobody was around when the accident occurred. Three families living in the building were evacuated and temporarily relocated by the Red Cross. The owner of the building located on Carlton Avenue in Prospect Heights was issued a ticket for failure to maintain the building.  The owner was also ordered to immediately install a sidewalk shed to protect pedestrians from further potential collapse and to repair the building.

Building owners in New York City have a duty to maintain their property so they are safe inside and outside

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Heat Injury preventionHeat injuries can have serious consequences including disability and death. Heat injuries affect not only people practicing sports during the summer but also workers such as construction workers or landscapers. Anyone who practices a strenuous activity in warm conditions is at risk and should understand the body mechanism behind a heat stroke and how to prevent it.

When someone exercises in the heat, the body reaction is to sweat to cool off the body. Therefore the body looses a lot of fluids that need to be replaced by water or hydrating drinks. The body also needs to cool off.  If someone doesn’t let his or her body cool off properly and hydrate proprely, the body becomes dehydrated and  heat injuries occur.

Heat injuries come in many forms from mild to acute:

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accident sceneA hit-and-run moped driver crashed into a 4 year old pedestrian and seriously injured him last Sunday in New York City. The accident occurred in the Flushing Meadows-Corona Park near the Boathouse at the end of the afternoon. 4 year old Jonathan Beauchamp was hanging in the park with his parents and other children and relatives when  dirt bike and moped riders showed up and started to do donuts.  A mope rider struck 4 year old Jonathan and fled away. The boy was rushed to the emergency room by his dad and was diagnosed with acute head trauma. He remains in critical but stable condition. The police are still looking for the moped driver.

Hit-and-run drivers get away with murder all the time in NYC

In New York City, very few hit-and-run drivers are being found by the police and even in cases resulting in serious injury, many of the hit-and-run drivers face no consequences. Less than a quarter  of hit-and-run drivers involved in accidents resulting in death or serious injuries are indeed arrested.  47 people were critically injured or died in hit-and-run accidents in New York City during the first six months of 2021 and only 11 arrests were made which represent 23% of all the serious cases.  While looking at all hit-and run accidents including those that only result in property damage only 1% of the hit and run drivers are being arrested in New York City.

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workers on suspended scaffoldIn an effort to reduce construction accident deaths and injuries in New York City, the Department of Buildings has been deploying new strategies and increasing its staff. It just released a new report about it.

New inspection unit

The DOB role is not only to deliver wok permits for new construction or renovations but also to make sure that construction workers are being fully protected when they do their job. In order to do so the DOB created a new inspection unit called the “Construction Safety Compliance”. Inspectors in this unit are targeting mainly large NYC construction sites and making sure that all workers have been following the Site Safety Training and contractors are respecting all construction safety rules.

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construction workers moving equipment are at risk of struck by accidentsHard hats working at 322 construction sites in NYC were at risk of getting injured or dying in construction accidents because their jobsite was not safe.

These 322 sites including 113 in Brooklyn, 83 in Manhattan, 69 in Queens, 54 in the Bronx and 3 in Staten Island were issued a stop work order and fines by the NYC Department of Buildings after its inspectors conducted a massive safety sweep. (See previous blog).

Recent spike in NYC construction accident deaths

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job-made-boxes-can-lead-to-serious-injury-and-deathIn a recent bulletin, OSHA warns construction workers and other workers using forklifts about potential injuries and deaths caused by “job-made boxes”

What are “job-made boxes”?

Job made boxes are any makeshift attachments created by construction workers or workers in other industries such as boxes, baskets or platforms. They are often made of wood as well as metal and plastic. They look like a little balcony: a platform with 3 walls around it. Workers attach these boxes to forklifts to lift equipment, workers or material to various heights. Workers also use them to step on them when working at elevated levels.