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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Reducing the number of truck and bus accidents related to driver fatigue is one of the priorities of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

After launching new hours-of-service rules at the begining of the month, Anne S. Ferro, Administrator of the FMCSA joined forces with Lisa Raitt, the Canadian Minister of Transport to announce the launch of the The North American Fatigue Management Program (NAFMP). The NAFMP is a comprehensive interactive program for commercial truck and bus drivers, their spouse and family as well as motor carrier executives and managers, safety managers and trainers, dispatchers and drivers managers, freight shippers and receivers.

The program aims at developing a corporate culture that facilitates reduced driver fatigue and at providing fatigue management education, information on sleep disorders screening and treatment, driver and trip scheduling as well as fatigue management technologies.

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Last August Sears recalled Kenmore Dehumidifiers after they received 107 reports related to burns and fire with more than $7 million in property damage and 3 reports of smoke inhalation injuries. However it seems like many consumers were still not aware that their product was defective as after last year recall Sears continued to receive more incident reports including a severe burn to a consumer’s foot and 3 fires resulting in significant property damage. Therefore Sears is once again asking consumers who bought Kenmore 35-, 50- and 70-pint dehumidifiers made by LG and manufactured between 2003 and 2005 to immediately turn off and unplug their dehumidifier and to contact the Recall Fulfillment Center.

Sears%20Kenmore%20Dehumidifier%20Proprety%20damages.jpg

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Nail%20Gun%20Injury.jpgNail gun injuries send more construction workers to the hospital than any other tool-related injury. Most injuries are punctured hands or fingers but in some cases the injuries are far more serious and can even lead to death.

To prevent these type of injuries OSHA just created a new Nail Gun Safety web page and a complete guide on Nail Gun Safety that can be downloaded by construction workers directly to their mobile phones in English or in Spanish.

The new webpage offers great links to relevant content from the Center for Construction Research and Training (CPWR) and from the Centers for Disease Control and Prevention (CDC) as well as access to training, regulations and additional resources.

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Failure to diagnose cancer most commonly breast cancer, colon cancer, melanoma, lung cancer and malignant tumors in the female genital tract are the most common misdiagnoses in the primary care setting. The second most common type of misdiagnosis is failure to diagnose myocardial infarction. Failure to diagnose meningitis in children is also among the most misdiagnosed conditions by primary care doctors.

Medications errors such as prescription errors, contraindicated medication, administration errors leading to adverse reactions are the second most common types of medical malpractice committed by general practitioners.

These findings are the result of a computerized literature search that compiled 34 relevant studies mostly in the US but also in Canada and Europe. The complete results of the research, led by Dr. Emma Wallace from the HRB Center for Primary Care Research of the Royal College of Surgeons in Ireland Medical School, in Dublin can be found at BMJ open.

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Children exposed to anti-seizure medication in the womb have a higher risk of suffering from early developmental issues according to a study led by Dr. Gyri Veiby from Haukeland University Hospital in Bergen, Norway.

The study covered a 9 year time frame and looked at the risk of adverse outcomes in children according to epilepsy in the mother or father, and with or without antiepileptic drugs (AEDs) exposure in the womb. At 18 months, the children exposed to AEDs in utero had increased risk of abnormal gross motor skills and autistic traits and at 36 months an increased risk of abnormal gross motor skills, sentence skills, and autistic traits compared to unexposed children.Further analysis determined that AED-exposed children had increased risk of birth defects compared to children not exposed to the drugs in utero.

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New%20York%20Wrongful%20Death%20Lawyer%20Howard%20Hershenhorn.jpgOur partner Howard Hershenhorn represents the family of a man killed by falling debris from a historic Brooklyn church in a lawsuit filed on Tuesday alleging that church officials failed to maintain and repair a building they knew had become increasingly dangerous. Howard was quoted in The Wall Street Journal as follows:

” Church officials “knew they had a humongous problem, which they knew could cause injury or death and they did nothing about it,” said Howard Hershenhorn, an attorney for Mr. Schwartz’s family. “They let it linger for a decade and it’s absolutely mind-boggling.”

Mr. Hershenhorn called for a criminal investigation. A spokeswoman for the Brooklyn district attorney’s office said the office would review his request.

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In this video segment, our partner, Construction Accident Attorney Anthony Gair gives an overview of New York Labor Law section 240. The complete course is available for CLE credit at Lawline.com. It was given in December,2012.

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Ben%20Rubinowitz.jpgIn their most recent column, New York Personal Injury Attorney Ben Rubinowitz, a partner at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz, and his colleague Evan Torgan, of Torgan Cooper and Aaron, write about the use of video taped depositions at trial. Their most recent article, published Today in the New York Law Journal is “The Use Of Video Depositions At Trial“. Of note, the old fashioned ways of conducting depositions are fading fast. Technology has improved to the point where a written transcript alone might not be enough to carry the day at trial. Careful thought must be given as to whether the deposition should be conducted by video and whether or not it will help or hurt the case. Reasons for conducting the video deposition always include issues such as age, infirmity and location of the witness. But of equal importance is the fact that taking a video deposition might actually change the “behavior ” of an adversary. Those attorneys who typically defend depositions in an overly aggressive or nasty manner might have to rethink that tactic. Nasty and rude conduct that might be shown to a jury on video will unquestionably work to the defending attorney’s disadvantage. Additionally, the use of the video deposition allows the jury to recall far more than a mere reading of the transcript will. It has been empirically shown that both seeing, listening and hearing someone speak is far more effective than listening alone. Specific examples of strategies for use of video depositions at trial are used by the authors in this article.

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The Affordable Care Act is at the origin of a fast growing trend of Primary Care Doctors who are reorganizing themselves into “patients-centered medical home”. These reorganized practices effectively improve patients care and lower medical costs according to a recent article in ConsumerReports.

Below is a table that shows what type of improvements patients can expect form these new type of practices.

primary%20care.jpg Source: ConsumerReports July 2013

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Gross Medical Malpractice related to blood transfusion seems to occur again at Coney Island Hospital in Brooklyn, New York. According to the New York Post, the hospital blood lab was shut down yesterday after a 40 year old man died following a botched transfusion in which he was given blood that had been mislabeled by a lab technician. Today the Daily News reports that an 86 year old lady died after she was given the wrong type of blood on June 9th, just a month ago.

According to statistics the probability for a patient to receive the wrong type of blood is one out of every 14,000 transfusion.

Coney Island Hospital has a history of serious malpractice in handling blood. From 1990 to 1994 the hospital recorded five nonfatal transfusion mistakes. In 1995 , Ira Medjuck , a 30 year old paramedic, agonized for a month before her death after she was given a botched blood transfusion.

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