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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Professor Daniel PollackWhen considering a civil lawsuit for sexual abuse, it is important for a victim or for the victim’s parents (if the victim is still a minor) to consider beforehand if the lawsuit will have have a net beneficial therapeutic effect or a traumatizing effect.

In a recent commentary in the New York Law Journal, Daniel Pollack a professor at Yeshiva University’s School of Social Work in New York City and  a Commissioner of Game Over, a commission to protect youth athletes, and Daniel F. Monahan, a board-certified trial attorney in Pennsylvania write about the unexpected emotional consequences that a sexual abuse lawsuit can have on the victim.

A traumatizing experience for the victim and the family

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Travis-ScottOur partner, New York Personal Injury Attorney Howard Hershenhorn  talked to Rolling Stone Magazine and the New York Times on behalf of our client Kyle Green who was left partially paralyzed after attending a Travis Scott Concert at Terminal 5 in New York in 2017 (see previous blog).

“Our client, Kyle Green, is devastated and heartbroken for the families of those who were killed and for those individuals who were severely injured. He’s even more incensed by the fact that it could have been avoided had Travis learned his lesson in the past and changed his attitude about inciting people to behave in such a reckless manner,” Hershenhorn said.

Kyle Green was attending a Travis Scott concert in Manhattan when he was pushed over a balcony by a surging crowd. He hit the ground and could not move anymore. Instead of being proprely taken care of by paramedics, Green was picked up by security guards who lifted him up  “without a cervical collar, backboard and other safety precautions” and dragged him toward the stage.

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golf-cart63,501 children and teenagers sustained personal injury in golf cart accidents in the US between 2010 and 2019 according to a recent study lead by Theodore J. Ganley, MD, Director of the Sports Medicine and Performance Center at Children’s Hospital of Philadelphia and Chair of the AAP Section on Orthopedics.

Golf carts are being used in social events and driven by teenagers as young as 14 year old with minimal supervision

More and more, golf carts are being used outside the golf course for social events such as festivals or recreational use on farm land or community events.

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hospital readmission can be negligenceExcessive patient readmissions is usually a sign of hospital negligence. Not only can it worsen the patient’s condition and extend recovery time but it also increases the patient’s bill.

In order to curb readmission rates and make sure hospitals pay more attention to patients after their departure, the Hospital Readmission Program (HRRP) was created in 2010 as part of the Affordable Care Act. It took effect in October 2012 and since then, bad players with high readmission rates are being penalized by Medicare and get their payment for each of their Medicare patients reduced by up to 3%.

A total of 3,046 hospitals in the country are included in this program while hospitals treating children, veterans and psychiatric  patients are excluded.

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Best Law Firms - Standard BadgeOur New York Personal Injury Law Firm is proud to announce that Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been named a Tier 1 firm in New York City for 5 practices by U.S. News – Best Lawyers® “Best Law Firms” 2022. These practices are:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
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During the third quarter of 2021, a total of 71 people died in crashes in New York City including 24 pedestrians, 5 cyclists, 9 passengers and 33 motorists. Since the Covid19 crisis started, auto accident fatalities in New York City have peaked and  street safety activists are pointing fingers at the de Blasio administration for failing to keep the streets safe.

A total of 14,335 people were injured in traffic accidents in New York City during Q3 2021 compared to respectively 13,437, 16,083, 16,300, 15,860, 16,048, 13,998, 13,472, 14,900 during Q3 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013. Before 2015, the passengers category  was the one with the most injuries with usually between 5,000 and 6,000 passenger injuries during Q3. In 2015 after the introduction of the Vision Zero program, passenger injuries significantly declined to 4,121 while motorist injuries jumped from 4,502 to 6,043. The increase in motorist injuries is linked to an increase in accidents related to distracted driving and more and more people using their cellphone while driving. After the first year of Vision Zero, passenger injuries during Q3 went back above 5,000 and then, back below 5,000 after the Covid19 crisis hit in 2020. Motorist injuries, mostly linked to distracted driving continued to rise reaching a record high in 2019 with 7,437 motorists injured during Q3.

New York Auto Accident injuries by category during Q3
6,349  motorists were injured in car accidents in New York City during the third quarter of 2021 compared to 5,931 for the same period of 2020 and 7,437 for the same period of 2019. Motor vehicle accident injuries reached a peak during Q3 2019 in New York City and then dropped to levels never seen since 2014 when the Covid19 crisis hit.  They were up during this year’s Q3 but not as high as what they used to be during Q3 2019.

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We are proud to announce that our Partner Christopher J. Donadio has been named as the President of the New York City Chapter of the American Board of Trial Advocates (ABOTA).

The American Board of Trial Advocates is a national organization that was founded in 1957 with the goal of protecting citizens’ access to the courts. In addition, the organization focuses on teaching civics and constitutional history to educators, students and journalists. It is an organization that is comprised of both plaintiff and defendant trial attorneys. Membership into American Board of Trial Advocates is limited to those attorneys who have tried a minimum of ten trials to verdict.

The New York City Chapter of ABOTA was formed when Robert Conason, a renowned plaintiff’s trial attorney (and former Managing Partner of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf), and Harold Schwab, a preeminent defense trial attorney, brought together the top plaintiff’s attorneys and top defense attorneys to establish the New York City Chapter.

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A physician committed serious medical malpractice and crimes by  hooking up chronically ill female patients with heavy doses of opioids and abusing them sexually. The abuse has been going on for 15 years according to 22 pending lawsuits, hospitals ignored patients complains and failed to inform future employers about these complains.

63 year old Ricardo Cruciani would develop personal relationships with his victims. He would prescribe them significant amounts of opioids and required “in person” appointments to get a refill. When the patient would arrive in his office he would ask for sexual favors in exchange for their prescription. If the patient refused, Cruciani would deny their refill.

This sordid scenario has been going on for at least 15 years in multiple States as during his career, Cruciani worked at Mount Sinai Beth Israel in Union Square, at the Capital Institute for Neurosciences in Hopewell Township, N.J and at Drexel University in Philadelphia.  He lost his medical license after he was found guilty of indecent exposure and groping 7 patients in 2017 in Philadelphia. At that time he did not go to jail but he was registered as a low-level sex offender.

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Volvo-Cars-LogoVolvo recalled another 195,000 potentially defective motor vehicles last week in the US after the company learned that a US driver was killed by the rupture of an air bag inflator. According to Volvo, the front driver’s airbags inflator of XC70 and V70 wagons models from 2001 to 2007 was manufactured by ZF/TRW  and could potentially explode and send shrapnel in the car.

The 195,000 vehicles recalled in the US last week are part of a worldwide recall covering around 768,000 vehicles.

The recall is reminiscent of the problem faced a few years earlier by bankrupt Japanese airbag inflator manufacturer Takata. Defective Takata air bag inflators caused the death of 18 people worldwide including 19 in the US. 400 people were also injured in defective Takata air bag inflator explosions.

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sexual abuser Rigoberto GarciaThe FBI believes that dozens of underage girls have been sexually exploited by a man who lured them into filming sex acts in hotels by promising them modeling gigs. 33 year old Rigoberto Garcia, a Mexican man living illegally in the US has been recently arrested after the FBI found that he has been sexually exploiting girls under the age of 18 by  filming them having sex in hotel rooms since 2014. The FBI says dozen of  girls or more have been  abused and they are asking anyone who might have been victimized to call them at 212-384-1000.

Rigoberto Garcia, a wannabe actor, has been using several fake names that include “Chris Perez”, Nate Floriano”, “Sean Alvarez”, “Steven Skyler” or “David Schineberg”.

According to a federal court indictment, Garcia was was charged with multiple counts of coercion and enticement, and sexual exploitation of a minor in connection with seven underage victims. He is also facing charges with 4 other child victims.

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