Wrongful Death

Published on: May 14, 2015

Construction worker dies from head trauma after falling from scaffolding in the Bronx, NYC

Domikick Deluca, a 25 year old construction worker, died after falling from scaffolding yesterday. The young worker was doing facade work at the Butler Houses on Webster Ave in Claremont in the Bronx when he lost his footing and fell 15 feet . He landed on his head and was transported to the hospital unresponsive and with severe trauma. He was declared dead when he arrived at the hospital. This construction worker is the 8th person to die in a construction accident in New York City since the beginning of the year (see previous blog) .

Read more in the NY Daily News

Published on: May 13, 2015

6 people dead and more than 100 injured in an Amtrak train accident

By GGCRBHS&M

An Amtrak train heading from New York to Washington DC derailed yesterday night in Philadelphia. 6 people died and many the 243 passengers of suffered personal injury and were taken to the hospital. Among the people injured 6 of them were in critical condition. The Amtrak accident happened yesterday night around 9:30 close to Frankford Avenue and Wheatsheaf Lane near a bend in the track. One of the nation’s deadliest railroad accidents happened in the same spot on Labor Day 1943. A train carrying military service members on leave derailed killing 79 of them and injuring 117. The cause of yesterday’s train accident is still unknown. Speed as well deteriorating infrastructure and aging equipment are among the potential factors to be investigated. Former Congressman Patrick J. Murphy was on board when the accident happened and tweeted the pictures on the left.
Read more about this train accident in the New York Times

Published on: May 12, 2015

Two contractors died in a fuel-tank explosion in Hasting-On-Hudson, NY

By GGCRBHS&M

Two workers who were trying to remove an underground oil-tank from a backyard died after the tank exploded. One of the workers was sitting on the tank and was cutting into it with a saw when the explosion happened. The blast was so violent that his body was thrown 25 yards away into the woods. The other man who was standing nearby was also killed. The accident happened last Thursday in the backyard of a home on Hillside Avenue in Hasting-On-Hudson. The two men killed were Mora Segundo, 50, and Luis Jacho, 52 from Ossining. Investigators discovered that the tank contained gasoline instead of oil. Gasoline vapors that built up pressure over time are suspected to be the cause of the explosion. Read more here

Published on: May 9, 2015

Our partners Ben Rubinowitz and Peter Saghir obtained a $4.6 million verdict for the family of Marylin Dershowitz who was killed by a postal truck while riding her bike

By GGCRBHS&M

New York Personal Injury Lawyer Ben Rubinowitz told the NY Daily News yesterday that the family of Marilyn Dershowitz, was “very pleased” with the verdict of Judge Sarah Netburn who ordered the government to pay out a total of $4,646,548.15 to Dershowitz’s husband, Nathaniel. Rubinowitz said “they feel vindicated knowing Marilyn did nothing wrong and that indeed she was entirely free of fault” but while the money judgment is “a nice thing to have, they are very much aware it could never replace Marilyn. She was one of a kind. She was a tremendous woman. The loss is very real to them, every day of their lives.”

Marylin Dershowitz was riding her bicycle in downtown Manhattan with her husband when she was fatally struck by a postal truck. Last month U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion (see our previous blog).

Also see article in the New York Law Journal

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Published on: May 8, 2015

51 reports of personal injuries and one death prompt the FDA to announce an urgent Class I Recall of Maquet’s Tiger Paw System II, a medical device used during heart surgery

By GGCRBHS&M

A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding including a possible tear of the left atrial wall (top left chamber) during use of the device. The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

Published on: May 7, 2015

In New York City, personal injuries related to motor vehicle accidents are the leading cause of injury resulting in death among children aged 1 to 12 years

By GGCRBHS&M

Personal Injury is the leading cause of death among children 1 to 12 years old in New York City and in the U.S. as well. Between 2003 and 2012 438 NYC children died from injuries according to a new report just published by the New York City Department of Health and Mental Hygiene. These injuries were primarily related to motor vehicle accidents followed by fire related injuries, suffocation and falls. Most of the children who died after being involved in a traffic accidents were pedestrians.

Most injuries leading to death (65%) were unintentional. Infants between 1 and 2 years old are the most at risk as well as non Hispanic black children of all ages and kids from very poor neighborhoods. Boys have a much higher risk of death from an unintentional injury than girls.

Death related to intentional injuries are more prevalent among infants, in poor neighborhoods. Non Hispanic black kids are the most at risk of dying from an intentional injury.

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Published on: May 6, 2015

Our managing partner, Ben Rubinowitz comments on recent decision by Manhattan DA to charge a driver who killed a pedestrian with manslaughter

By GGCRBHS&M

New York Personal Injury Lawyer Ben Rubinowitz has extensive experience representing the families of pedestrians and cyclists who have been killed or severely injured by negligent motorists in New York. Recently Ben tried a wrongful death case in The U.S. District Court for The Southern District of New York, in which the Court held the Federal Government %100 liable and awarded monetary damages estimated to be approximately $5 million for lawyer Nat Dershowitz in a successful civil case against the driver of a U.S. Postal Service Truck that struck and killed his wife(see prior blog). Ben also represents Dana Lerner, the mother of 9 year old Cooper Stock who was hit by a taxi driver as he was in the crosswalk with his father resulting in his death. In a recent article in NY Press Ben reflects on a recent decision by Manhattan DA Cyrus Vance Jr. to charge a motorist who killed a pedestrian in the Bowery with manslaughter.

Read the article here

Published on: May 5, 2015

A 44 year old construction worker fell from a ladder in Brooklyn, New York City causing his death

By GGCRBHS&M

Shulem Benyosef suffered fatal injuries after he fell from a ladder at a construction site in Brooklyn, NYC. the 44 year old man was married and the father of two children. He was working on a rooftop at 449 20th Street in Windsor Terrace in Brooklyn when the accident happened. Shulem was standing on the ladder when he fell from at least 30 feet. Paramedics found him on the ground with serious head trauma. He was transported to the hospital where he later died from his injuries.

Read more in JP Updates and the NY Daily News

Published on: May 5, 2015

An elderly driver was involved in a car accident in Queens, NYC, when she lost control of her vehicle resulting in her Death

By GGCRBHS&M

An 88 year old woman was killed in a car accident in Queens, New York. The woman was driving North on Cross Bay Blvd at Liberty Ave when she hit a pillar of the elevated A line subway train tracks. She suffered critical injuries and died 4 days later at the Hospital. The Police are still investigating the cause of the crash. The NYC Crash mapper heat map shows that the area is a dangerous spot where many accidents have occurred in the past. Between August 2011 and February 2014 44 collisions happened there and 5 pedestrians, 1 cyclist 4 passengers and 5 drivers suffered personal injury.

Published on: May 4, 2015

To reduce overdose deaths, a new campaign by the New York State Department of Health seeks to educate Bronx doctors about safe and judicious opioid prescriptions

By GGCRBHS&M

A doctor who prescribes opioids to a patient with a history of abuse, fails to closely follow up with a patient who exhibits addictive behavior or disregards family concerns or warnings from other professionals such as pharmacists or primary physicians could face medical malpractice and/or wrongful death litigation, criminal prosecution, and a disciplinary proceeding by the State Medical Board.

In New York City, deaths related to opioid analgesics have increased 256% from 2000 to 2013 in Manhattan, Staten Island and the Bronx are the most affected of the 5 Boroughs. To fight this epidemic, the New York Sate Department of Health is launching a Bronx detailing campaign during which representatives will visit more than 1000 doctors to educate them about about safe and judicious opioid analgesic prescribing. A similar campaign in Saten Island in 2013 lead to a reduction of 29% of overdose deaths from opioid analgesics.

Read the press release from the New York Health Department