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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construction workers are at risk of heat strokeInjuries related to heat stroke and dehydration can sometimes be life-threatening.

Therefore anyone active under the sun should always hydrate proprely and know the symptoms of a heat stroke so activities can be stopped before its too late.

Heat stroke or Hyperthermia occurs when the body didn’t get enough fluid and cannot cool down anymore or regulate its own temperature.

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Construction job with the highest risk of fall injuriesFall is the number one cause of death for construction workers. Every year in America, 10,000 construction workers suffer serious injuries and 200 die in fall accidents. To raise awareness about this problem, the Occupational Safety and Health Administration (OSHA), The National Institute for Occupational Safety and Health (NIOSH) and the Center for Construction Research and Training (CPWR) are organizing a yearly national campaign: The National Safety Stand-Down. The event lasts several days during which every construction company owner is invited to spend a day or at least a few hours with their employees to review fall safety protection.  Thousands of construction companies are participating every year reaching millions of construction workers.

This year the event was supposed to be organized  in May but many construction businesses were shut down because of the Covid-19 crisis. Therefore the 7th National Safety Stand-Down to prevent Falls has been moved to the 14th to 18th of September 2020.

For this year, the organizers suggest that the event be held virtually or that companies owners make sure that construction workers social distance during the stand-down. Video and webinar might be a good way to keep the stand-down safe for all.

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BOULDER, Colo., July 14, 2020 — The National Institute for Trial Advocacy (NITA) released a statement on Monday, July 6, 2020, in support of maintaining future in-person jury trials and other adversarial proceedings with approved medical safeguards. In the statement, NITA maintains that in-person bench and jury trials are designed to seek and reveal the truth in a public forum and that virtual or remote proceedings deprives the litigant, judge, and jury from using all of their senses to weigh the evidence, thereby diminishing the parties’ ability to have a fair and impartial outcome that is supported by the Constitution.

“As trial lawyers, we are becoming increasingly concerned about the possible loss of the traditional in-person jury trial to the ‘virtual trial,’” says Ben Rubinowitz, Chair of NITA’s Board of Trustees and managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. “For well over 100 years, the in-person jury trial has served to ensure justice in both criminal and civil trials. It is unfortunate that based on current health concerns stemming from  COVID-19 and the temporary needs of the courts, some would permanently trade the long-established guarantees of constitutionally protected rights in exchange for the perceived speed, cost, and convenience of a virtual trial.” Mr. Rubinowitz further states, “I am proud of the NITA Board for recognizing the importance of in-person jury trials and ensuring that the time-honored tradition of in-person trials continues in our country.”

In the statement, NITA recognizes the need to move to online and virtual proceedings during the pandemic and will continue to train attorneys accordingly. Pamela Bresnahan, Chair-elect of NITA’s Board of Trustees and partner at Vorys, Sater, Seymour and Pease LLP states, “NITA has been and will continue to be the premier place to learn trial advocacy. While in person trials are always preferable, we commit to providing virtual training for lawyers during the uncertain times created by the COVID-19 pandemic. And we also commit to return to in-person training as soon as it is safe to do so.”

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Spinal Cord InjurySpinal cord injuries result in damages that are  often irreversible or require patients to spend a very long time in a hospital setting for rehabilitation. Existing technologies used to rehab patients suffering from spinal cord injury are often heavy and can not be used in a home setting. However a recent headset prototype created by a Biomedical Engineering PhD student at the University of Glasgow,  brings new hope to spinal cord injury patients.

Nina Petric-Gray used 3D printing technology to produce a light electroencephalography (EEG) headset  designed to help restore hand functions. The headset sends low-energy electrical pulse to artificially generate body movement and record the electrical activity of the brain allowing long distance medical monitoring.

When she started her project, the PhD student modified gaming headsets, adding electrodes to record the brain activity. The prototype was heavy and uncomfortable. The student also found that it was difficult to accurately place the electrodes for optimal recording.  The idea was good but a real bespoke prototype needed to be created for this particular use. The student used a product design software to create a light usable prototype allowing for optimal electrode placement.  After the product design was finalized the student used 3D technology to bring it to life.  With 3D printing, there is no need for a mold anymore and every headset can be customized for each patient’s head with optimal electrodes placement.

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A NYPD school safety agent was arrested for sexually abusing a child within the confines of the 90th Precinct in Brooklyn. The police announced on Monday that 43 year old Jeanisidor Jean Baptiste  was arrested in Brooklyn, NYC, for child sexual abuse. The arrest was the result of an internal investigation by the NYPD that found that the school safety agent sexually abused a young family member for years. The abuse started when the victim was 5 year old and lasted 4 years. The victim who is now 17 year old was sexually assaulted multiple times between 2008 and 2012, including at the Flatbush home of the predator.

The school safety agent was charged with rape, sexual abuse, predatory sexual assault against a child, forcible touching, endangering the welfare of a child, course of sexual conduct against a child, and criminal sexual act.

Read more in the NY Daily News

 

 

 

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accident sceneA NYC pedestrian was fatally hit by a car in front of his house on Saturday evening.  50 year old Jose Barrera, a construction worker and father of 4 was killed by a car in front of his 6 year old daughter. Barrera was working 6 days a week and Saturday was his day off.

The accident occurred on 39th Street between Fort Hamilton Parkway and 10th Avenue in Brooklyn in front of his house. Barrera had just returned from grocery shopping at Cosco with his daughter and he was planning to cook for his family at night. He parked the car, carried his 6 year old daughter to the stoops and sat her there while he was unloading the car. As he was on the sidewalk carrying groceries, the driver of a 2014 Nissan Sedan lost control of his vehicle and hit him. Barrera was found by his wife laying on the ground covered in blood after she ran outside when she heard her 6 year old crying hysterically. When the ambulance arrived, it was already too late, They took him to he hospital but he could not be saved.

The driver identified as 21 year old Kareem Denton stayed at the scene of the accident. Denton and his passenger were both wearing work clothes from the Maimonides Medical Center. Police found Marjuana in the car and took Denton to the police station to be tested on suspicion that he was driving under the influence. Denton passed the test and was released a few hours later. He received a summon for Marijuana possession. No other charges were pressed against him.

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Satelite-view-of-Floyd-Bennett-AirportA tragic car accident resulted in 3 deaths and multiple injuries in New York City last Saturday night as a bunch of local teenagers gathered on a remote area of the Floyd Bennett airfield for some summer antics. Two 16 year old drivers with other young passengers on board crashed into each other while both were effectuating “donuts” on a runway converted into a road at the old Floyd Bennett Field airport.

Both drivers were 16 year old

According to the police report, 16 year old Emil Badalov was behind the wheel of a 2014 Kia Forte with 3 other people in the car: 11 year old Daniel Sidgiyayeva and his sister 18 year old Margarita, Sidgiyayeva as well as another 17 year old boy. Baladov was effectuating “donuts” when a Toyota Camry  crashed into them. The Toyota Camry was driven by another 16 year old boy who had two passengers: a 16 year old girl and an 18 year old boy. Baladov and the two Sidgiyayeva kids died while the other passenger is still hospitalized in critical condition. The 3 occupants of the Toyota Camry were all injured and hospitalized. They are in stable condition. No arrest were made.

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6 hard hats were injured on construction sites in New York City during the month of April compared to 47 a month earlier and 44 in April 2019. 4 workers were injured on Bronx construction sites and 2 of them on Brooklyn sites. 4 workers suffered minor injuries and 2 others who were injured by a plywood piece  on a windy day, required hospitalization. No fatalities were reported to the DOB during the month of April. The significant decline in construction accident injuries in the city is related to the Covid-19 restrictions that allowed only essential construction sites to be open during the month of April.

Construction Accident Injuries NYC April 2020
In one of the accidents a plumber accidentally screwed his own finger during a plumbing operation. He suffered a cut and was treated at an emergency room. He was then released in stable condition. While the DOB determined that the accident was caused by the worker’s error, inspectors found several safety violations at the construction site located on 1325 Jerome Avenue in the Bronx and issued several citations including: failure to maintain vertical netting, failure to maintain the site clean, failure to provide covers for holes on the floor, failure to protect an elevator shaft opening, failure to install a handrail system on stairways as well as failure to notify the DOB of a change of site safety manager. A partial stop work order was issued.

In an other accident, also in the Bronx, a worker suffered muscle cramps after another worker with whom he was carrying a PVC pipe suddenly put his end down.

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A man was injured in a partial building collapse in Manhattan. Part of the facade of a building containing a parking garage on 203 East 38th Street near third Avenue in Murray Hill  crashed down the street falling on a parked Limousine with TLC plates. The driver who was sitting in the car at the time of the accident was injured as debris falling from the top of the building partially destroyed his car. The windows were broken and the trunk dented. Another man who was making a delivery nearby just had the time to escape and run away from the disaster. According to witnesses, first a few bricks fell on the ground and then immediately after a significant part of the wall followed.

Complaints of illegal construction work were previously filed with the  NYC Department of Buildings

The parking garage was closed during the coronavirus crisis. It opened and closed several times last year according to a local resident who was interviewed by CBS News. The resident said that on some days he witnessed trucks coming out of the garage carrying loads of debris. The DOB received previous complaints that construction work was being done at the location without valid permits. Inspectors were sent twice to the location but were not able to enter the building according to the DOB.  The building which is under a partial vacate order  received 3 previous violations in May and June related to damages to the roof and floor that were categorized as “immediate emergency”. These violations were still active at the time of the accident.

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Drive_Thru_DrugsDispensing errors occur when a pharmacy commits a medication error and patients receive a different drug, a different dosage or a different drug quantity than their doctor prescribed. Sometimes when the doctor prescribed several medications, the pharmacy might also miss one. While most patients realize when the pharmacy did not give them the proper medication, some don’t. Medication errors by pharmacies can result in more harm to a patients and even death in some cases.

As doctors, pharmacies and patients are adapting to new safety guidelines related to Covid-19, pharmacies should also create new protocols to prevent the risk of medication errors.

The increase in phone prescriptions as well as not delivering the medication at the counter but offering curbside pick-up, drive-through window, home delivery, or mailing the medication can lead to an increase in medication errors if the pharmacy doesn’t take extra safety steps to prevent them.