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 Wrongful Death

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Carbon monoxide is suspected to have caused the death of 4 elderly people in a house in Queens, NYC on Friday.  83 year old Jerry Hugel and his 80 year old wife Marie as well as their tenant 70 year old Gloria Greco and Walter Von Thadden a 70 year old friend were all found dead in their house on 86th street Avenue in Floral Park. According to the authorities the house filled with gas after a car was left running in the basement. The house didn’t have any carbon monoxide detectors even though it is required by Amanda’s law in New York since 2009.

Amanda’s Law  is named after a 16 year old girl who died of carbon monoxide poisoning while sleeping over at a friend’s house. This law requires that  every one or two-family dwelling, condominium, cooperative and each unit of a multiple dwelling shall have an operable carbon monoxide (CO) detector.  The use of a battery operated detector is allowed for homes built before 2008. All homes built after this date must have the alarm hard-wired in the building.  Amanda’s Law also requires contractors to install a CO alarm when replacing a hot water tank or furnace if the home is not equipped with an alarm. CO detectors are required only if the dwelling unit has appliances, devices or systems that may emit carbon monoxide or there is an attached garage.

Read more in the New York Times

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yellow cabAs part of the Vision Zero Program to reduce traffic deaths and injuries related to traffic accidents in New York, the Taxi & Limousine Commission (TLC) started to test a warning system in six of its cabs. The warning system uses artificial vision technology such as cameras and radar to warn drivers about  a potential upcoming collision.  This test is a step in the TLC Vehicle Safety Technology Pilot Program.

Read more in the New York Post

Picture: courtesy of Wikipedia

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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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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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Guler-Ugur-Yaacobi44 year old Guler Ugur-Yaacob, was struck and killed by 28 year old Prezibor Porbeni at the intersection of W. 113 Street and Amsterdam Ave on December 31st 2013 (see previous blog). The driver fled the scene of the accident leaving the woman dying on the street. He later surrendered to the DA’s office and  was charged with leaving the scene of an accident without reporting it and aggravated unlicensed driving.  Yesterday Porbeni appeared for a brief appearance at Manhattan Supreme Court where several friends of Guler Ugur-Yaacob were present to face him and to plead for harsher charges. Read more in the NY Daily News

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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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26 year old Jessica Labetti was driving on Four Corner Rd in Long Island New York when she crashed into a stone wall after being distracted by her 88 year old grandmother who suffers from dementia. As Labetti was driving, her grandmother, who was sitting in the back seat suddenly pulled her hair. Labetti jolted, lost control of her vehicle and crashed into a wall. The granddaughter  suffered minor injuries. Her grandmother was transported to the hospital in critical condition where she later died. Labetti was driving with a suspended licensed and was charged and arrested by the police. Read more in the NY Daily News

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Franklin Reyes admitted that he struck Ariel Russo, resulting in her death, because he was speeding while trying to avoid being arrested by the police without a license after he was caught making an illegal turn. He will spend up to nine years in jail. 4 year old Ariel Russo was walking to school with her grandmother when Reyes lost  control of his car and struck both of them at the corner of Amsterdam Avenue and West 97th street in NYC. Ariel died in the accident and her grandmother, 46 year old Katia Gutierrez was seriously injured. Read more in the NY Daily News 

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Patient SafetyMedical errors and adverse events are among the leading causes of death and personal injury in the U.S. According to a recent study in the Journal of Patient Safety  the number of premature deaths associated with preventable harm to patients is estimated at more than 400,000 per year. Serious harm seems to be 10- to 20-fold more common than lethal harm.

The patient safety awareness week is an annual campaign led by the National Patient Safety Foundation to create awareness about patient safety among healthcare providers and their patients. The campaign is running this week and the subject is “United in safety” . The emphasis is on better communication between healthcare providers and patients to reduce adverse events or medical errors.

Tomorrow Wednesday March 11th at 8:30 pm ET anyone interested can join a twitter chat on patient and family engagement using  #PSAWunited to participate. People interested can also join a free webcast on patient safety on Thursday March 12th.

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Pigment_stone_extractionAfter two patients died and many other suffered personal injury from a recent “superbug”outbreak involving duodenoscopes, the safety of these medical devices (see previous blog) and the method used by hospitals to reprocess them are being questioned. In a recent Hazard Report, the ECRI Institute is recommending culturing Duodenoscopes as a key step to reducing carbapenem-resistant Enterobacteriaceae (CRE).  The Institute believes that duodenoscope procedures are vital when treating and diagnosing conditions of the gall bladder and pancreas with Endoscopic Retrograde Cholangiopancreatography (ERCP) procedures and the risk of infection can be mitigated if hospitals upgrade their reprocessing methods by also scope culturing.The Institute recommemds that hospitals not only check with the duodenoscope manufacturer as to whether they are using the appropriate reprocessing method but also add a baseline culture of all duodenoscpoes.  Read the complete ECRI High Priority Hazard Report 
Picture Duodenoscopy image of two pigment stones extracted from common bile duct courtesy of Wikipedia

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