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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NYC Bicycle accidents preventionDuring the pandemic, NYC bicycle accident injuries and deaths have reached record highs.

Many New Yorkers who switched their Metrocard for a bike lock learned that commuting in New York City by bike remains challenging especially in some areas of the city where bicycling infrastructures are still limited.

To help newbie cyclists and offer a refresher to more experienced ones, the NYC Department of Transportation recently released  “Bike Smart”, a guide to safely ride a bicycle in  New York City.

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The off-label use of Acellular Dermal Matrix (ADM) products in implant-based breast reconstruction can result in post surgical complications and problems for patients up to two years after the surgery according to a recent analysis by the FDA.

Off-label use not approved by FDA

Accellular Dermal Matrix is a type of surgical mesh that is developed from human or animal skin.  It has been approved by the FDA for specific use such as hernia surgery and more recently many surgeons specializing in breast reconstruction after a mastectomy have been using the product off-label.  The off-label use of ADM for breast reconstruction has never been approved by the FDA and a recent analysis found that some patients suffered complications up to two years after the surgery.

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accident sceneA 27 year old driver died and 3 passengers in their twenties were seriously injured in  a car accident in Long Island, NY, last Monday night around 8:30 pm.  Jeffrey Laroche from Springfield Gardens, Queens, was driving an Infiniti with 3 passengers on board: 21 year old Jayda Mouldrie from Hempstead was sitting in the front seat while 20 year old Nicole Walter and 18 year old Nathaly Walter, both from Laurelton, Queens, were sitting in the back seats. They were heading West on the Southern State Parkway when Jeffrey lost control of the car and hit the center median guide rail and trees between exits 18 and 19.  In their report the police mention that the vehicle was travelling at a high rate of speed.

The impact was so intense that Jeffrey was ejected from the car. He was rushed to the hospital where he died from his injuries. Jayda who was in the front seat got stuck in the mangled vehicle and had to be extricated. She was also rushed the hospital and survived.  The two girls in the back, Nicole and Nathalie, were both injured but also survived the accident. Nathaly broke her pelvis.

Speeding is one of the most common causes of car accident fatalities and serious injuries especially among young people

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location of the pedestrian accidentA pedestrian got his leg severed in a freak car accident in Brooklyn last Sunday night. The 33 year old victim was exiting a livery car at the intersection of Elton Street and Atlantic Avenue in East New York when a 58 year old woman driving a Lexus crashed into him and pined him between the two vehicles. The pedestrian’s leg was severed just below the knee. The front of the Lexus was destroyed suggesting that the driver was travelling at a high rate of speed. The pedestrian was rushed to the hospital. His injury was severe but he was  in stable condition. The driver of the Lexus was also taken to the hospital with minor injuries. The cab driver was ok.  Read more in the NY Daily News. 

6 other people injured in another Brooklyn car accident involving a livery car and a SUV

6 other people, including two pedestrians were also injured in a car accident a few days earlier after the driver of a SUV  jumped the curb. Friday afternoon around 1:00 pm a male driver with another young male passenger jumped the curb at the intersection of Flatbush Avenue and Flatland Avenue in Brooklyn and slammed into a pole, hitting two pedestrians.

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child head injuryA   U.S. Consumer Product Safety Commission (CPSC) analysis looking at personal injury during the coronavirus pandemic shows that while globally less Americans checked in at the emergency room for product related injuries during the pandemic, the number of severe cases remained mostly stable.   As emergency rooms were overwhelmed with Covid19 patients, Americans who suffered minor injuries opted not to visit the ER. As a result ER treatments for minor product-related injuries decreased by 24%. Visits for severe product related injuries only decreased by 1%.

Less children injuries at school but more injuries at home and outdoors

While school accident injuries dropped by 81 % due to remote learning, accidents at home and in outdoor environment increased. Skateboard, scooter and hoverboard injuries went up 39% with kids age 5 to 9 being the most vulnerable. In this age category,  these type of injuries recorded a 143% increase. While these activities are good options to play alone outdoors and avoid getting Covid-19, they can be quite dangerous, especially for beginners.

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Pedestrian and cyclist injuries and fatalities were lower than usual last February and so were motorcyclist, bus and truck accidents.

Traffic Accident injuries reached a record low in New York City in January and February. While February car accident injuries always reach a yearly low, the number of NYC car accident injuries was at its lowest since Vision Zero started. 2,503 people were injured in traffic accidents in New York City compared to 3,028 a month earlier and 4,006 in February 2020. The number of traffic accident injuries mostly dropped over the last 12 months because of the Covid19 crisis that affected the City and slow down activities. (click on graphs for full sizes)

Traffic Accident Injuries NYC February 2021
Motor vehicle accident injuries in NYC in February 2021 by category
After reaching annual record highs over the summer of 2020, the number of New York auto accident deaths also declined and stabilized to numbers somewhat similar to previous years despite the slowdown. 10 people died in traffic accidents last February compared to 13 in January and 17 in February 2020.  Since Vision Zero was launched in 2014, the number of traffic accident fatalities in February has been oscillating between 17 and 10 with 10 last month being the lowest. Fatalities were mostly pedestrian fatalities.

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gairgair_fbOur New York Personal Injury Law Firm is proud to announce that the following 8 lawyers have been been named 2021 New York Metro Super Lawyers:

  • Marijo Adimey for the 6th consecutive year
  • Jeffrey Bloom for the 16th consecutive year. Jeffrey was also selected for the 2021 New York Metro Super Lawyers Top 100 list
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Intentional header and head injuriesTraumatic Brain Injuries sustained by young athletes while playing football has been the subject of multiple research while less attention has been given to other high school sports such as lacrosse, soccer, basketball and field hockey. Additionally research mostly concentrated on head impact and head injuries sustained by boys.

In  “Sport- and Gender-Based Differences in Head Impact Exposure and Mechanism in High School Sports”, a recent study published in the Orthopedic Journal of Sport Medicine, several researchers at the Center for Injury Research & Prevention of the Children’s Hospital of Philadelphia tracked head impact injuries of male and female players in soccer, lacrosse, basketball and field hockey (girls only.) Researchers equipped each player under study with headband impact sensors and filmed each impact to make sure it was not a fake signal sent to the sensor such as a player dropping the sensor on the ground.

While not every head impact results in traumatic brain injury, researchers are concerned that repetitive head impacts, even light and not diagnosed as injury might be linked with short-term cognitive deficits. Therefore this study might help understand how head impacts could be reduced in these popular high school sports.

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It is very disappointing to see how some motorists in NYC have so little concern about pedestrian safety. In the video below, a man driving a pick up truck makes a right turn without yielding to an elderly pedestrian in Brooklyn, knocking him down to the ground and just continuing on his way as if nothing happened.  The police are now looking for him.

location of the Boulevard of Death accidentAnother pedestrian recently died from the injuries he sustained in a similar accident.  Last Friday afternoon , 55 year old Jaipaul Persaud was crossing Queens Boulevard, also nicknamed “Boulevard of Death”, when a motorist making a left turn off 84th Drive onto Queens Boulevard fatally struck him (see location of the accident on Google map picture to the left). The pedestrian was in the crosswalk with the light in his favor. The 33 year old woman who struck him also travelled at the green light but was supposed to yield to pedestrians while making her left turn. The impact was so intense that Persaud who was hit by the front bumper of the car, flew onto the windshield and then crashed down on the street. Persaud was rushed to the emergency room but he died from his injuries on Sunday. The driver stayed at the scene of the accident and so far has not been charged (read more in the Daily News and in the LIC Post )

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NYC Medical Malpractice Attorney Jeff BloomCongratulations to our partner Jeffrey Bloom for being ranked 19th on the City & State list of the 100 most powerful legal professionals in New York! Jeffrey joined Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf immediately after he graduated from  law school in 1979. He became one of the most prominent personal injury and medical malpractice attorneys in New York and has achieved multi-million dollar verdicts and settlements for his clients in personal injury cases related to car accidents, construction accidents, product liability and medical malpractice.  He also served as lead counsel, representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center.

Jeff is  co-chair of the Medical Malpractice Committee and LAWPAC of New York (the influential Trial Lawyers’ political action committee) for the New York State Trial Lawyers Association. He combines his vast knowledge in the field with his political acumen to effectuate change and preserve justice for those injured through the fault of others.  Jeff who has successfully represented multiple clients whose cancer was misdiagnosed, was instrumental in passing the “Lavern’s Law,” which mandated that the statute of limitations in cases on behalf of cancer patients and their families begins to run when the patient reasonably discovers that he/she has been the victim of malpractice.

For more than a decade, Jeff has been listed yearly in Best Lawyers and Super Lawyers. He is also a member of the prestigious International Academy of Trial Lawyers which limits the number if its members to 500.

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