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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Graphics_Heat_Hydration_InstagramTwo years ago, on July 7 2020 in Geneseo, NY, Tim Barber, a 35 year old construction worker died from heat stress on his second day at work. The young man had just been hired as a construction laborer on the Genesee River bridge project in Geneseo, NY. Tim was living with his parents and came back home on the first day not feeling well. On the second day before he headed back to work, his father told him to eat his lunch, take breaks and drink water. Several hours later, in mid-afternoon, their son died from hyperthermia.

According to the investigation, Tim was working alone in a summer heat that was around 95 degrees. He was sorting bolts which is considered a light duty, however his body was not accustomed to the heat.  The accident could have been prevented and the employer, Pavilion Drainage Supply, Inc. was cited by OSHA for not training and protecting their employees against extreme heat. His parents are now advocating for better  workers education and protection for extreme heat.

Tim’s parents are not the only one campaigning for better workers protection against heat illness and fatality. New York Attorney General Laetitia James is at the head of a coalition of six States that are asking OSHA to implement a national standard to protect not only construction workers but all workers, outdoor and indoor, that are exposed to extreme heat during their work.

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Ghost bike showing locations of previous NYC deadly bicycle accidentsThe NYPD just announced that an e-bike rider was killed in a an accident in Manhattan on July 11th around 12:40 am. The accident occurred on the Second Avenue bike lane near 89th Street. For reasons that so far are unknown, the cyclist who was a delivery person, lost control of the bike and hit a pole. He suffered traumatic brain injury and was pronounced dead upon his arrival to the hospital.

Another young delivery man on a bike died in a crash in the Bronx a week before.  21 year old Christian Castelan was killed by a hit and run driver at the intersection of East 172nd Street and Metcalf Avenue in the Bronx. According to witnesses, a white jeep that had been reported stolen a week before, turned too fast, hit the young cyclist and pinned him against another car. As witnesses ran to help the victim and gathered around him, the driver, a woman, got out of the car, picked up a baby on the back seat and got on board of another car that came to pick her up. Witnesses did not even notice she disappeared.  Christian Castelan had just turned 21 year old last May. He was born in New York and then returned to Mexico when he was a young boy. After he turned 18, he returned to the Bronx and worked as a food delivery person. A vigil was held last Thursday night.

Also in the Bronx, five days earlier, another e-bike rider was killed in a car accident. 26 year old Victoriano Angeles was driving his e-bike on St. Ann’s Ave in Mott Haven in the Bronx when he collided with a 2013 Chevrolet Impala.

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Hylan and Richard where the 3 teens died in a crash3 teenagers who were passengers in a Mustang driven by another teenager were killed in a car crash in New York City on Sunday night. The horrific accident occurred around 8:50 pm on Hylan Boulevard at the intersection of Richard Avenue in Pleasant Plain, Staten Island, NYC. The victims are Ashley Rodriguez who was planning to celebrate her sweet 16 next week, 15 year old Jessie Gil and 16 year old Fernanda Gil. All 3 were passengers in a red Ford Mustang driven by a 16 year old boy who only had a learners permit and was supposed to drive while accompanied by a licensed adult. The 3 passengers are dead and the driver remains in critical condition.

According to the SI Live the group of friends had just attended a birthday party in Tottenville and had decided to go grab snacks at a nearby store with another group of teens riding a Honda Civic. The Mustang departed the group at high speed according to witnesses.  The young driver was speeding east on Hylan Boulevard when a 47 year old diver behind the wheel of a Yukon attempting to make a left turn from Richard Avenue crashed into the side of the Mustang which then careened into a pole on the side of the road.

The driver of the Yukon was driving with a suspended license and was taken into custody while his four passengers, two women of 44 and 19 year old, a 23 year old man and an 11 year old girl were transported to the hospital. They suffered minor injuries.

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Surgery at HospitalWhile too many hospitals in the US are sacrificing patient safety for profit, a small number of them are dedicated to focus on healthcare safety and quality.

NYU Langone Hospitals in New York, NY, Gouverneur Hospital in Gouverneur, NY, White Plains Hospital in White Plains, NY and NYU Langone Hospital Long Island in Mineola, NY are the only 4 hospitals in New York state that have been included in the Best Hospitals in America compiled by Money and the Leapfrog Group.

The Leapfrog Group is a nonprofit organization helping consumers to make informed decision. To be part of the list, hospitals that previously received a A grade from a previous assessment went through an additional assessment of  39 performance measures in the 7 following categories:

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cyber attack can arm patientsHospitals are one of the favorite targets of ransomware hackers because hospitals simply can’t afford to have their IT down as it can cause severe harm or even death to patients. As a result when a hospital  has its systems blocked by hackers it might be more willing to pay a ransom than any other type of organization in order to get their systems working again.

Recently, a debt collection company working with 657 healthcare providers announced that it had been the victim of a cyber attack. Hackers were able to obtain patients information including their name, address, social security number and medical information. It is unclear so far how many patients have been affected but this might have been of of the largest healthcare data breach of 2022.

CISA warns hospitals and healthcare providers of Maui ransomware

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Location of the car, MTA Bus and truck accident7 people were injured in a multi-vehicle collision involving a car, a MTA bus and a truck in New York City during Tuesday rush hour. The accident took place on Ralph Avenue near 66th Street in Old Mill Basin, Brooklyn, NYC around 5:40 pm. The driver of a Toyota Camry was trying to pass a MTA bus on the left lane when he side swiped the bus and careened across the street and into a work truck.

The driver of the car was given CPR by bystanders before being rushed to the hospital

A witness who lived nearby told the NY Daily News that the sound of the impact felt like a gun shot. He ran out of his house and saw the Toyota Camry smoking with the driver inside. Several other witnesses ran to the car and got the driver out of the car. They lied him on the ground and gave him CPR.  6 other people were injured including the driver of the work truck who suffered whiplash according to his brother who was also present at the scene of the accident with the wife’s driver. All crash victims were transported to the hospital to be treated.

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The New York block where a cyclist and two pedestrians were struckA reckless driver who tried to flee the police in Brooklyn, NYC, struck a bicyclist and two pedestrians, continued driving, struck three other pedestrians, crashed into a vehicle and then into a wall before running away with a passenger. One suspect is in custody while the other is still at large.

According to the police, two officers patrolling in Bedford-Stuyvesant saw a car with mismatched plates which is usually an indication that the car might have been stolen. They also noticed that the two people inside the car were smoking marijuana.   As they got out of the police car to talk to the driver after turning on their lights and pulling the car over, the driver of the vehicle took off.

As he was fleeing from the police, the reckless driver  first struck a cyclist and two pedestrians at the intersection of Macon Street and Ralph Avenue. He did not stop and continued speeding on Ralph Avenue. As he reached Hasley Street, the driver hit a grandmother and her grandson who were crossing the street. He then crashed into another car and careened into the wall of building. The driver and the passenger then got out of the car and ran away.

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11 pedestrians, 3 cyclists, 4 passengers and 8 motor vehicle operators died in crashes in New York City last May compared to respectively 6,2,0 and 2 in April and 15, 1, 3 and 11 in May 2021. This is the first time that the number of monthly fatalities is above 25 since October 21.

After a drop during the Covid19 crisis in 2020, monthly traffic accident fatalities have been above 25, 8 times during the last 2 years, Before the Covid19 crisis, since Vision Zero started in 2014, fatalities only went above 25 5 times over a period of 6 years. These numbers are very preoccupying.  At the very beginning of May, The Adams administration launched a $4 million campaign urging  motorists to slow down but so far this campaign doesn’t seem to have much effects on car accident fatalities.

New York motor vehicle accident fatalities May 2022
Car accident deaths have been exploding over the last two years in New York City. Last May, as mentioned above, 26 people died in traffic accidents compared to 10 a month earlier and 30 in May 2021. Since May 2015 when they reached 28, monthly car accidents deaths had remained below 20 during the months of April and May. While the trendline since Vison Zero started remains on the decline, the last 2 years have been more deadly than before.

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NYC Medical Malpractice Attorneys Jeff Bloom and David LarkinOur NY Medical Malpractice attorneys Jeffrey Bloom and David Larkin settled a wrongful death case for $3 Million for the death of a man overdosed with narcotics

Our client, a man in his fifties, walked into the emergency department of his local hospital with complaints of abdominal pain.  He was dead within hours.  He left behind a wife and three grown sons.

The nurse receiving the telephone order from the pain management specialist transcribed it incorrectly and raised the dose for Dilaudid to a deadly amount

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Senior pedestrian zonesIn New York City,  45% of the pedestrians who die in a car accident are seniors while they make up only 15% of the total population of the city.

10 years ago senior pedestrian fatalities represented 33% of all pedestrian fatalities, but their numbers are gradually growing and as a result senior pedestrian fatalities are representing a higher percentage of  all pedestrian fatalities than they used to.

The DOT wants to address this problem and  yesterday, DOT Commissioner Ydanis Rodriguez visited a senior center in Washington Heights to announced the release of an extensive study about senior pedestrian fatalities  and a plan to prevent them.

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