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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child head injuryWhen a child sustains head injury, parents always worry about the risk of traumatic brain injury and now more than ever seek medical advice through telephone triage call systems. When parents call such systems, they will be connected to a triage nurse who will provide them with recommendations on what to do next. However the question is, how parents follow up on these recommendations. A recent study  by Catherine C. McDonald, PhD, RN, FAANorcid, Melissa R. Pfeiffer, MPH, Roni L. Robinson, MSN, RN, CRNP, Kristy B. Arbogast, PhD, Christina L. Master, MD, FAAP, CAQSM published in Clinical Nursing Research, tried to determine if parents follow recommendations and what percentage of the phone calls result in a TBI diagnostic.  They especially wanted to know if parents who had been recommended to see a doctor because a traumatic brain injury was suspected, would indeed do it.

84.1% of parents follow phone recommendations to seek medical care for their child’s head injury

The researchers analyzed one year of pediatric head injury calls at the Barton Schmitt Pediatric Head Injury Telephone Triage Protocol. Among the 5,045 phone calls for patients ages 17 and younger and meeting the criteria for the study, they found 2, 464 calls during which the triage nurse recommended to seek medical care urgently or in the next 24 hours. They estimated that in 84.1% of cases parents followed the recommendations provided on the phone and brought their children for an urgent medical consultation at their medical home network or at an outside care facility. Among those children who were recommended to seek urgent care, 39.5% were diagnosed with traumatic brain injury.

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Personal Injury Attorney Ben RubinowitzOur Managing partner Ben Rubinowitz and Evan Torgan will be presenting “Successful Trial Techniques from Jury Selection through Summation”, a live streaming Seminar organized by the New York Sate Academy of Trial Lawyers on Wednesday June 10.

This two hour seminar will feature some of the best known Trial Lawyers in New York. For more than 20 years, Evan Torgan and Ben Rubinowitz have provided guidance to lawyers throughout the state in their featured column in the New York Law Journal, Trial Advocacy. This seminar will take you through some of the techniques that have allowed these lawyers to obtain multiple seven- and eight-figure verdicts. They will not only talk about strategies they use but will provide demonstrations of the successful techniques that have allowed them to obtain such remarkable results. The two will be joined by Angélicque Moreno, President of the New York Academy of Trial Lawyers, another successful trial attorney who has numerous multimillion dollar verdicts and settlements to her credit.

Click here to register

 

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MTD_Lawn_MowerAn estimated 9,400 children sustain lawnmower injuries  every year in the US. Injuries are often catastrophic, sometimes deadly. They often require multiple treatments and hospital stays and can have life long consequences. 4 year old boys in rural areas are the most at risk of getting injured in a lawnmower accident.

A study by the Department of Orthopaedics, Children’s Hospital of Philadelphia, Philadelphia, PA (Mr. Shah, Dr. Talwar, Mr. Aoyama, and Dr. Ganley), the Department of Orthopaedic Surgery, Children’s Mercy Hospital Kansas City, Kansas City, MO (Dr. Schwend), and the Division of Pediatric Orthopaedics, Johns Hopkins Children’s Center, Baltimore, MD (Dr. Sponseller) and recently published in the Journal of the American Academy of Orthopaedic Surgeons studied lawnmower injuries in the US over 13 years.

The researchers used the Pediatric Health Information System database to identify 1,302 Americans between 1 and 18 years old who checked into the ER to be treated for a lawnmower injury. While, the Pediatric Health Information System database does not record all children injuries in the country,  it is nationally representative as it contains a varied selection of 49 participating children’s hospitals located around the regions and locales.

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Personal Injury Attorney Ben RubinowitzJoin our managing partner  Ben Rubinowitz  as he is co-chairing with Judy Livingston and Jeff Korek  this two part webinar: Openings & Summations. They have assembled an All-Star panel of Trial Attorneys who will demonstrate what they do and say in Opening Statements and Closing Arguments to achieve spectacular results. Trial demonstrations are what this program is all about. Each member of the faculty will demonstrate an opening or summation.

This webinar  organized by the New York State Trial Association is free for all NYSTLA members and non-members. It has been approved for transitional & non-transitional credits. Participants will receive 4 Skills CLE credits.

Part 1 will take place on May 26th from 12:00 pm to 2:00 pm

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E-bike now legal in NYCSafety and the risk of an increase in bicycle accident injuries have  long been the main worry in legalizing e-bikes and e-scooters in New York.

While pedal assists bicycles that travels at an average 20 mph speed were not much of an issue for legislators, throttle-controlled e-bikes that do not require pedaling and travel at an average 25 mph were more controversial. Despite being illegal until recently, throttle-controlled e-bikes were  widely used by restaurant delivery workers in the city. Food delivery workers were frequently harassed by the police who have been ticketing them and confiscating their bikes.

However in mid-march as food delivery workers became crucial in feeding New Yorkers during the pandemic, the city decided to suspend enforcement on e-bikes as long as restaurants would be able to operate as a take-out and delivery only. Following this decision, two weeks later, NY State finally legalized e-bikes ad e-scooters.

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NYC traffic deaths and injuries declined for all categories of road users except for cyclists between February 2020 and March 2020. As businesses gradually shut down around mid March and the city was officially locked down on March 22nd,  traffic in the city drastically declined and so did the number of traffic accidents.  The only two categories of road  users that recorded an increase in accidents between February and March were motorcyclists and bicyclists. The fear of catching the corona virus in public transportation or taxis has lead to an increased amount of people using bicycles and motorcycles in the city in March. Another factor was the increased amount of speeding recorded in the city as streets were getting emptier and emptier.

Drop in accidents not only due to Covid-19 but also to new NYPD report policy

The number of traffic accidents reported by the NYPD dropped to 10,877 in March compared to 13,586 in February and 14,183 in January. The drop seen in traffic accidents over the last few months is not only related to the coronavius crisis but also to the new NYPD “No Report” crash policy.

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1 worker died and 158 others were injured on construction sites in New York City during the first quarter of 2020  compared to respectively 0 and 137 for the same period of 2019.  When looking at a 5 year period, the first trimester of 2018  was the worst for New York City construction workers with  170 of them sustaining injuries and 3 of them dying in accidents.

Most accidents resulting in injuries occurred in Manhattan  with 96 workers injured, followed by Brooklyn, 35, Queens, 14 and the Bronx, 13. No injuries were reported in Staten Island during the first trimester. With the exception of Staten Island all other boroughs recorded an increase in construction accident injuries during the the first 3 months of this year compared to the same period a year earlier.

NYC Construction Accident Injuries 2020 Q1
Working on construction sites is one of the most dangerous activities in New York and in the US.  The Department of Buildings classify injuries in 6 different categories. The largest category is “Other”. Injuries in this category are usually not life threatening or not critical. Many of them are small cuts and lacerations that do not require ambulance transportation or hospitalization. Most of the time a visit to an emergency call center is sufficient to treat the injury. It is also rare that a safety violation is issued after these types of injuries.  The second largest category of NYC construction accident injuries are  injuries related to falls. Falls often result in serious injuries. An ambulance is often called and workers end up most of the time at the hospital after a fall. Most fall injuries could be prevented if workers were fully protected. During the first quarter of 2020, 45 hart hats were injured in falls in New York. This is the highest number of fall injuries recorded during the first quarter over the last 5 years. Another very common cause of injuries is when material fell onto workers. 12 workers were injured in that manner during the first three months of the year compared to  respectively 22, 21, 23 and 10 during the same period of 2019, 2018, 2017 and 2016. 6 people were also injured in scaffolds accidents and 2 sustained injuries related to mechanical construction equipment.

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location of the deadly Mercedes crashSpeeding cars caused 3 fatal car accidents in New York City this weekend.  A speeding driver lost control of his vehicle in the Bronx and killed himself and his passenger. A thief who stole a car ran a red light in Staten Island and crashed into another car killing one of the occupants and seriously injuring the other. Drag racing cars killed a NYPD cop on his bike (see previous blog).

Speeding Mercedes Driver crashes into a pillar on Bruckner Boulevard

32 year old Gasper Vallejo who was visiting New York from Miami was speeding on Brucker Boulveard in his 2016 Mercedez Benz around 3.35 am on Sunday. 2 other passengers were in the car: a 22 year old woman and a 25 year old woman.   As the car was speeding on Bruckner Boulevard by the elevated Bruckener Expressway, Vallejo lost control of his vehicle and hit a pillar.  The impact was so intense that the car broke apart and all 3 passengers were ejected from the vehicle onto the pavement. Vallejo died at the scene of the accident. Both passengers were still alive when the EMS arrived. They were rushed to the hospital. The 22 year old died at the hospital and the 25 year old is in critical condition. (read more in the Daily News)

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accident scene
Based on the reputation of our Personal Injury Law Firm, superior results have been obtained for a NY pedestrian who was injured in a car accident without the need for protracted litigation. The following case demonstrates the ability of our attorneys to obtain a swift and speedy resolution of a case while protecting the interests of the client.

LEFT TURN PEDESTRIAN ACCIDENT

Our firm is thrilled to have achieved a $325,000 settlement for our client who was struck by a car as she crossed the street in Westchester, New York. On the day of the incident, our client had just returned home from caring for her elderly mother and decided to take a walk around the neighborhood. As our client was crossing Mamaroneck Road (at Park Road), an intersection with no crosswalk, the defendant driver carelessly made a left-hand turn, struck our client, and knocked her to the ground.Shortly after the incident, an ambulance was called to the scene and took our client to the hospital. After our client underwent radiological imaging, she was diagnosed with a tibial plateau fracture of her left knee, but did not require surgery.

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collision with injuries NYCA man died in a car accident in New York City yesterday. The driver who was speeding, lost control of his vehicle and crashed into two other cars, injuring both drivers before destroying a store front. Speeding continues to be reported all over the city and despite the drastic decrease in traffic the number of speed camera tickets even increase on some days according to a recent article by Gridlock Sam.  Our hospitals are overcrowded, our emergency workers are overwhelmed and NYC drivers should slow down!

The man who died yesterday was identified as 45 year old Khairul Chowdhury. He was driving his 2008 Silver Lexus Sedan on Jamaica Avenue, Queens, yesterday morning around 5:35 am when he hit a Toyota Camry driven by a 35 year old man. The crash occurred at the intersection of  Jamaica Avenue and Van Wyck Expressway Service Road. After he hit the Toyota, the car kept going crossing into the other side of the lane of Jamaica Avenue and striking a Toyota Odyssey driven by a 55 year old woman, before crashing into a storefront. Chowdhury who lived a mile away from the car accident was rushed to the hospital but he couldn’t be saved. The two other drivers were also injured and were transported to the hospital to be treated. Read more in the NY Daily News

266 people injured in NYC car accidents last week

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