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.
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One passenger died, five passengers suffered severe injury and 10 including the bus driver suffered minor injuries in this horrible collision between a school bus and a truck that happened near Chesterfield in New Jersey in February 2012. Last week the National Transportation safety Board released a synopsis from the Safety Board’s report that shows negligence by the school bus driver, the commercial license medical examiner, the truck driver, the truck company and the truck manufacturer.

According to the report the crash was due to the school bus driver failing to see the truck approaching the intersection. The bus driver was suffering from sleep deprivation because of a medical condition and alcohol use. He also was using prescription medication with a sedative effect. The school bus driver lied about his medical history when getting his commercial drivers license and the medical examiner did not thoroughly evaluate the school bus driver for medical conditions that could have disqualified him from becoming a school bus driver.

The truck was overloaded, had a deficient braking system and the truck driver was speeding.

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In this medical malpractice case the plaintiff was diagnosed with Stage 1 breast cancer in her right breast. She underwent a right breast mastectomy. She had a family history of breast cancer. Seven years later in 2007 she was diagnosed with ovarian cancer. The plaintiffs alleged that, given the plaintiff’s own medical history and that of her paternal family, as well as her father’s Ashkenazi Jewish ethnicity, defendant’s failure to recommend, prior to November 2007, “BRCA” genetic testing or prophylactic surgery removing her ovaries, which could have prevented the onset of her ovarian cancer, constituted medical malpractice. In reversing the Court below and reinstating the complaint the Court held:

“Here, the allegations in the bills of particulars concerning the period from March 2001 through November 2007, when the patient was under defendant’s care, were that defendant departed from the accepted medical practices of that time by failing to recommend “BRCA” genetic testing and “prophylactic oophorectomy or bilateral salpingo-oophorectomy” to the patient, given her personal and family medical history. Since the respondents’ expert failed to provide any information as to what the accepted medical practices were during the period at issue with regard to BRCA genetic testing, and did not refute or even address (see Berkey v Emman, 291 AD2d at 518) the specific allegations regarding the failure to recommend prophylactic oophorectomy or bilateral salpingo-oophorectomy, the respondents did not meet their prima facie burden on the issue of whether there was a departure from accepted medical practices.

Accordingly, the Supreme Court should have denied the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them.” See: Mancuso v. Friscia, et al., 2013 NY Slip Op 05515.

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truck%20inspection.jpgTo prevent truck accidents and protect public safety, truck drivers are required by law to conduct pre and post trip inspections and to file a Driver Vehicle Inspection Report (DVIR) after each inspection whether or not an issue requiring repairs is identified. The US Department of Transportation wants to change this rule and have truck drivers required to file a DVIR only if a defect or issue is found during the inspection.

DVIRs are daily lengthy paperwork for truck drivers and only 5% of them are reporting an issue. The Obama administration believes that a defect-only reporting system may lead to $1.7 billion in savings annually while not adversely impacting safety.

What do you think? Would truck drivers continue to diligently inspect their truck before and after a trip if they wouldn’t have to file a report or would this new proposal open the door to negligent behavior and increase truck accidents?

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Exposure to 1-Bromopropane (1-BP) can cause serious injury to the nervous system such as headaches, dizziness, loss of consciousness, slurred speech, confusion, difficulty walking, muscle twitching, and/or loss of feeling in arms and legs. The symptoms can persist even when the worker is not exposed anymore.

1-BP is a solvent that is used mainly in degreasing operations, furniture manufacturing and dry cleaning. Its usage has been growing for the last 20 years as it replaced other solvents. Some case studies in furniture manufacturing such as “Majersik JJ, et al” associated severe neurotoxicity with exposure to 1-bromopropane.

So far only California OSHA has specific exposure standards for 1-BP however “federal” OSHA is reminding employers that they are required by law to protect their employees from this recognized hazard.

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Recalls of patients after a mammogram have an occurrence rate of 12%. It is a very stressful experience for the patient and it adds to diagnostic costs. With tomosynthesis the recall rate can be reduced from 12% to 8% but the breast cancer detection rate doesn’t change significantly according to a new study lead by Dr. Brian Haas and Dr. Liane E. Philpotts, diagnostic radiology department of Yale University School of Medicine in New Haven, Connecticut, and published in the Journal Radiology.

Tomosynthesis allows for three-dimensional (3-D) reconstruction of the breast tissue. Screening is more accurate because superimposed and overlapping tissue can be removed from the view. The study also indicates that women younger than 50 years old and women with dense breasts are benefiting the most from tomosynthesis.

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A bridal party on a speedboat turned into a horrible tragedy when then intoxicated skipper of a of a 19-foot Stingray bowrider collided with a construction barge on the Hudson River near the Tappan Zee Bridge , north of New York City. The best man and the bride died in the accident leaving behind an injured and unconsolable husband-to-be.

Alcohol use is the number one contributing factor in deaths for recreational boating in the US.

Last year in New York 11 people died in boating accidents where alcohol use was cited as the primary contributing factor. This number is the highest among all states with a total of 140 deaths for the totality of the US territory in 2012.

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Lead poisoning is the primary environmental health threat to young children because they are more likely to put lead contaminated toys in their mouth than older children or adults. Lead poisoning does not cause immediate symptoms but it can permanently damage children’s brains and cause serious developmental problems.

The recent statistics from the U.S. Consumer Product Safety Commission (CPSC) on port surveillance show that during the fourth quarter of the 2012 fiscal year, toys containing lead represented 62% of the children products that have been refused at port entries because they were violating US safety rules or were found hazardous. A significant amount of children products with small parts representing a choking hazard and child care articles with excessive phthalate level were also kept away from young american customers. Children’s product represented 87% of all stopped products in the fourth quarter of the 2012 fiscal year.

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If you are considering buying a new car that is safe for you and your family, you should definitely look at some of the new American automakers models. According to Consumer Reports, the revamped 2014 Chevrolet Impala takes on the world. Other “Made in USA” models that have been receiving excellent ranking are the Chrysler 300, Ford Escape and Fusion as well as the Jeep Grand Cherokee.

The Chevy Sedan improvement is a real surprise. Its ranking went from 64 to 93 to become the ConsumerReports’ highest scoring sedan, a ranking never achieved in the last 20 years by an American sedan.

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An elderly woman with an history of pancreatitis was admitted for an emergency laparotomy after she showed symptoms of acute abdominal pain, nausea and vomiting. The diagnosis was small bowel obstruction. Her heart stopped during anesthesia and she had to be resuscitated and sent to the ICU. She died there the day after. The hospital’s case review committee concluded it was a misdiagnosis: the patient suffered acute pancreatitis and not a small bowel obstruction therefore surgery was contraindicated and death could have been prevented. This type of cases raises questions about the decision process in emergency surgery, specifically for elderly people. The complete case as well as a medical commentary, references and World Health Organization Surgical Safety Checklist can be found at Web M&M.

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Doctors should be vigilant when they decide to send home some pediatric cancer patients who still need to use a central venous catheter for their treatment. Because the central line is a tube that is placed directly into a major blood vessel, it can easily become a gateway for bacteria in the blood stream if it is not handled properly. Central line-associated bloodstream infections (CLABSIs) can lead to serious personal injury such as organ damage and sometimes death.

A recent study from Johns Hopkins Children’s Center published yesterday in the journal Pediatric Blood & Cancer followed 319 children with cancer between 2009 and 2010. Most children were first treated in the hospital and then sent home to continue their treatment. 19 children developed a central line-associated bloodstream infection (CLABSI) while hospitalized and 55 while at home.

Hospitals have been fighting for a long time against bloodstream infections and they have made serious progress in reducing them. They have experienced clinicians following precise protocols.Things are different when children are treated at home by family members. More should be done in preventing development of CLABSIs at home.For example teaching family members how to handle and clean central lines should be part of the formal discharge protocol. It is not the case yet.

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