In the 2025 edition of Best Law Firms, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has achieved a prestigious Metropolitan Tier 1 ranking for New York City, highlighting its exceptional skill and reputation in three areas of practice:
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that a total of 9 of our distinguished attorneys have been recognized in the 2025 edition of The Best Lawyers in America, and an additional 3 attorneys have been recognized in Best Lawyers: Ones to Watch in America. This significant honor highlights the firm’s ongoing dedication to excellence and its unwavering commitment to delivering outstanding results for our clients.
In the ever-evolving landscape of medical technology, the recent recalls by Philips underscore the critical importance of product safety and the potential consequences when things go wrong. As product liability lawyers, these incidents highlight the vital role of legal oversight in safeguarding patient welfare.
On July 9, 2024, Philips announced the recall of several models of Sense XL Torso coils used in MRI scanners, following reports of overheating and subsequent burns to patients. This recall, affecting over 1,000 devices worldwide, has been classified as a Class I event by the FDA, indicating the most severe risk level. The core issue lies in the coils heating up excessively during MRI scans, leading to serious injuries, including twelve reported cases of burns. Although no deaths have been reported, the potential for severe harm necessitates immediate action.
The situation involving Philips and its decision to halt the sale of new sleep therapy and respiratory care devices in the U.S., as part of a consent decree with the FDA, raises serious concerns from a product liability perspective. This move, necessitated by significant quality issues that led to a massive recall of over 15 million devices, underscores a critical lapse in Philips’ quality control and regulatory compliance mechanisms. The revelation of such extensive quality problems not only erodes consumer trust but also exposes Philips to substantial legal and financial risks.
The consent decree, while a step toward remediation, highlights a reactive rather than proactive approach to product safety. The necessity for such an agreement reflects a failure in Philips’ internal processes to ensure the safety and efficacy of their products before they reach consumers. The impact of these failures is not trivial, considering the potential health risks to users of sleep therapy and respiratory care devices. Such situations demand rigorous scrutiny, as they can lead to severe health consequences for individuals relying on these medical devices for critical care.
The financial implications of the recall and the consent decree, including a significant provision of 363 million euros, indicate the scale of the impact on Philips’ operations. However, beyond the financial toll, there’s a broader consideration regarding the damage to the company’s reputation and the potential erosion of trust among healthcare providers and patients. This trust is paramount in the healthcare sector, where the stakes involve patient health and safety.
As the legal representatives of Órla Baxendale, it is with profound sorrow and heavy hearts that we, at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, confirm the tragic passing of Órla Baxendale on January 11, 2024. Órla, a talented dancer, was just 25 years old when her life was cut short due to anaphylactic shock resulting from a severe allergic reaction.
Órla’s passing stemmed from an unfortunate incident involving the consumption of a cookie manufactured by Cookies United and sold by Stew Leonard’s, which contained undisclosed peanuts. This tragic oversight has led to the recall of the Vanilla Florentine Cookies from Stew Leonard’s stores in Danbury and Newington, CT, for the period of November 6 – December 31, 2023.
Preliminary investigation has revealed that Órla’s death occurred due to the gross negligence and reckless conduct of the manufacturer and/or sellers who failed to properly identify the contents of the cookie on the packaging. This failure in proper disclosure has led to this devastating yet preventable outcome.
Tesla, the electric vehicle pioneer, is recalling more than 2 million vehicles in the United States. This recall comes after a thorough investigation by the National Highway Traffic Safety Administration (NHTSA) found that Tesla’s Autopilot safety system was “not sufficient to prevent driver misuse.”
Autosteer is designed to maintain speed, detect lane markings, and monitor the presence of other vehicles. However, Tesla emphasizes that drivers must keep their hands on the steering wheel and be prepared to take immediate action while using the feature.
The Food and Drug Administration’s recent focus on the potential quality issues of plastic syringes manufactured in China has sent ripples through the healthcare and legal communities. As product liability and medical malpractice attorneys, we are closely monitoring this situation, which raises significant concerns about patient safety and the legal implications for manufacturers, healthcare providers, and consumers.
The FDA’s investigation was sparked by reports of quality issues with several Chinese manufacturers. The primary concerns include leaks, breakages, and the inability of these syringes to deliver the correct dose of medication. These issues are not just minor inconveniences but potential hazards that could lead to serious medical complications.
The FDA’s advice to healthcare providers and consumers to consider using non-Chinese manufactured syringes where possible highlights the gravity of the situation. For healthcare providers, this advisory necessitates a review of their supply chains and a potential shift in procurement strategies. Consumers, particularly those who rely on syringes for chronic conditions, are now faced with the additional burden of verifying the origin of their medical supplies.
We are delighted to announce that for the 14th consecutive year, our firm has earned a spot as a Tier 1 Firm in New York City by U.S. News – Best Lawyers® “Best Law Firms” in the following categories:
In a startling revelation brought to light by the investigative efforts of ProPublica and the Pittsburgh Post-Gazette, the Philips Respironics case has unveiled a disturbing narrative of corporate negligence. Over an 11-year period, this medical device manufacturer concealed mounting evidence of serious issues with its breathing machines, placing profit above patient safety.In 2010, Philips Respironics, a renowned manufacturer of breathing machines used globally in homes and hospitals, made a pivotal decision to redesign its best-selling devices. The intention was to eliminate an annoying rattle that kept users awake at night. However, this seemingly well-intentioned decision led to a cascade of problems that has left countless individuals in distress and brought the company under intense scrutiny.
To dampen the irritating noise issue, Philips opted for an industrial foam, akin to what you might find in your sofa or mattress. Little did they know that this choice would prove catastrophic. Reports began to emerge, describing “black particles,” “dirt and dust,” and even an “oily-like” substance within the breathing machines. Users were sounding the alarm about “contamination,” signaling that something was seriously amiss.
In the dynamic and ever-evolving world of law, few accomplishments resonate as profoundly as those that redefine excellence itself. Today marks a significant milestone for all of us at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, as we celebrate the exceptional achievements of our Managing Partner, Ben Rubinowitz who was named “Lawyer of the Year” twice by The Best Lawyers in America (2024 Edition) in “Personal Injury Law – Plaintiff in New York City” and “Product Liability Law – Plaintiff in New York City. Ben was also included in the 2024 edition of Best Lawyers® Medical Malpractice Law and Legal Malpractice Law – Plaintiffs in New York, New York.
This remarkable recognition for Ben Rubinowitz is a testament to the collective ethos of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. 11 other of our NYC Personal Injury Attorneys have been acknowledged in the Best Lawyers® 2024 list and the “Ones to Watch” list, exemplifying our commitment to excellence and ethical standards.
New York Personal Injury Attorneys Blog