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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Location of the Accident on Queens BlvdA pedestrian was killed by a hit and run driver in New York City yesterday morning. The 59 year old victim was crossing the notoriously dangerous Queens Boulevard at the intersection of 80th Road when she was struck by a beige Toyota Camry around 8:40 am yesterday morning. According to the NYPD, the driver stopped the car, stepped out of his vehicle and looked at the victim dying in the street before getting back in his car and speeding away.The woman was found by the EMS team in critical condition. She was rushed to the hospital but she didn’t survive her injuries (read more in the NY Daily News).

So many people died in car accidents on Queens Boulevard that Queens residents nicknamed it the Boulevard of Death

The  number of traffic fatalities on this dangerous boulevard is not as high as it used to be as many safety measures and redesigns were installed under the umbrella of the Vision Zero program launched by the de Blasio administration (see previous blog). However the plan to improve safety on Queens Boulevard was never fully completed. While the entire project was supposed to be finished in 2018, a stretch of the Boulevard between Yellowstone Boulevard and Union Turnpike in Forest Hills was never redesigned after the community board voted down a plan to add crosswalks, a protected bike lane and other safety improvements because it was taking away too many parking spots. This segment was supposed to be finally completed this summer but the actual corona crisis will most probably lead to another delay.
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pregnant woman700 women die from medical complications related to child birth on average every year in the US. 60% of these fatalities are preventable. Maternal health was ranked the number two patient safety concern in the Top 10 Patient Safety Concern 2020 recently released by the ECRI Institute.
The CDC recently released alarming data related to the maternal mortality rate in the US. Non-Hispanic black women are 3 to 4 times more at risk of dying from child birth complications than non-Hispanic white women.  The rate of mortality also increases as women giving birth get older. Women who get pregnant after 40 year old are 7.7 times more at risk of dying from child birth complications than women under 25.

The lack of standardized care is a significant contribution factor in maternal mortality

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doctor-and-x-rayMissed and delayed diagnoses are common medical errors that can lead to serious injury and death. This morning the Daily Mail wrote about an 11 year old boy who died from severe bowel obstruction after a doctor misdiagnosed him with constipation and sent him back home. The doctor neglected to send him for an X-ray despite symptoms consistent with bowel obstruction.
Failure to diagnose or delay to diagnose a medical condition occur so often that the ECRI institute ranked this type of medical malpractice its number one concern out of its Top 10 Patients Safety Concern in 2020.

In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year

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roofers are the most at risk of fallingTwo weeks ago a 45 year old construction worker  died after he fell from a roof in Troy, NY. The worker sustained serious injury and was pronounced dead upon his arrival to the hospital. (read more here)

Roofer is one of the most dangerous job in the US

Roofers are the construction workers that are the most at risk of dying in a fall accident.  According to previous statistics between  35 and 40 roofers out of 100,000 die every year in fall accidents. This is 10 times the rate of fatality of the construction industry globally. 75% of roofing fatalities are caused by falls.  Falls are often deadly but when they are not, injuries can be devastating and sometimes result in lifelong disabilities. Traumatic Brain injury is one of the most common injury sustain by roofers in fall accidents. Broken bone injuries can also occur depending on how the worker lands. Broken spine, broken neck, arms, and ribs are the most common as well as broken knees, ankles and feet.

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11 construction workers died and 586 were injured on the job in New York City last year according to statistics from the NYC Department of Buildings.  Half of the fatalities occurred in Manhattan, 2 in Brooklyn, 2 in Queens and one in the Bronx. No fatalities were reported in Staten Island.  12 construction workers died yearly during the 4 previous years. When looking at these numbers it is important to keep in mind that the NYC Department of Buildings has very narrow criteria to count construction fatalities in the city and an estimated one third of the construction deaths recorded by OSHA in New York City dot not appear in the DOT stats.

Construction accident fatalities NYC 2019
The number of workers injured in construction accidents in New York City last year declined compared to the 3 previous years but was higher than in 2015. 586 construction workers sustained injuries on construction sites in the city last year compared to 761 in 2018, 666 in 2017, 599 in 2016 and 472 in 2015 according to the DOT statistics. Most accidents occurred on Manhattan construction sites followed by Brooklyn, Queens, Bronx and Staten Island. The monthly number of hard hats injured on the job reached a peak in August at 62 and were above 50 during the warm season in May, June, July and September. During all other months of 2019 the number of injuries recorded on NYC construction sites in 2019 was below 50. This is quite an improvement compared to the year before during which injuries almost reached 100 in May and were above 50 every month except for November and December.

onstruction accident injuries in 2019 in New York
Manhattan Construction accident deaths and injuries are still on a rising trend despite a decline in both deaths and injuries last year.  4 construction workers died in Manhattan during the 3 month period of April, May and June and 2 others in October. July and August had the highest number of injuries with 38 workers injured in July and 34 in August.

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location of the child pedestrian accidentA 7 year old male pedestrian was fatally struck by a car in New York City on Thursday.

Payson Lott was walking to school with his mom. They were in the crosswalk with the light in their favor at the intersection of Blake Avenue and Pennsylvania Avenue when a Jeep recklessly struck them. Payson died in the accident. Her mother Shadeen Lott suffered personal injury.

RECKLESS DRIVER

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construction workers65 construction workers died from unintentional overdose while on the job in the US in 2018 compared to respectively 48, 32, 27, 18, 17, 7 and 7 in 2017, 2016, 2015, 2014, 2013, 2012 and 2011. These deaths represent more than a quarter of the 305 overdose fatalities at workplaces recorded for all industries in the US in 2018. The construction industry is one of the most affected industries by the opioid crisis in the US.

In its recently published Quarterly Data Report, the Center for Construction Research and Training (CPWR) provides an in-depth analysis of the dramatic increase of unintentional overdose fatalities on american construction sites.

HIGH NUMBER OF UNINTENTIONAL OVERDOSE FATALITIES ON CONSTRUCTION SITES IN THE NORTH EAST REGION

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location of the bus accidentA 10 year old girl was fatally struck by  a school bus in New York City. The accident occured yesterday morning at 6:45 am at the intersection of Crescent Street and Wortman Avenue in the East New York area.

10 year old Patience Heaven Albert was walking to school with her 15 year old brother. They were in the crosswalk when an empty school bus made a right turn from Crescent Street onto Wortman Ave and struck the young girl. The intersection of Crescrent Street and Wortman is a residential intersection with a four-way stop sign.

Reckless bus driver charged and suspended

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On Monday we wrote about the death of 3 pedestrians over the weekend and now we learned that two additional female pedestrians died after being struck by cars in New York City on Sunday and Monday. Since last Thursday, NYC recorded one pedestrian death everyday and two on Sunday. This is intolerable.

No charge in the Bronx fatality

On Monday night a 59 year old female pedestrian was struck by a car while she was crossing at the intersection of Sampson Ave and Tremont Ave in the Bronx, around 7 pm. The woman whose identity has not been released so far, was rushed to the hospital but could not be saved. The driver stayed at the scene of the accident and wasn’t charged. The police are still investigating the cause of the accident. Read more in PIX11

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Following the increase in fatal bicycle accidents in New York City last year the DOT recently announced that New Yorkers would get 30 more miles of protected bike lanes all over the city this year.

DOT-Protected-bike-lane-BrooklynThe de Blasio administration has so far announced that 10 of the 30 miles would be allocated to Brooklyn and 10 others to Manhattan. In Brooklyn where most fatalities occurred last year, cyclists will soon have protected bike lanes while riding along 4th Avenue north to the Barclay Center, while riding out of the new Kosciuszko Bridge on Meeker Avenue and on Navy Street close to the Brooklyn Navy Yard as well as on Remsen Ave in Canarsie.

On the map released by the DOT at a previous conference (see picture), the pink lines show the protected bike lanes that will be added this year in Brooklyn and the yellow lines show potential protected bike lanes that might be added in 2021. The green lines are the existing bike lanes.  Read more here 

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