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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protest against police brutalityUntil last week New York police officers who committed misconduct or abuse had their disciplinary reports kept secret from the public. It is not the case anymore. Governor Cuomo signed a bill on Friday to immediately repeal provision 50-a of the New York Civil Rights Law  that was shielding  police officers, correction officers or firefighters with a history of misconduct from public accountability.  Some elements such as the address of the police officer as well as his phone number and medical history will not be made public for understandable reasons.

I Can’t Breath

The repeal of 50-a is following major protests not only in NY but across the nation against police brutality toward black people and systematic racism and injustice.  On May 25th, the murder of Georges Floyd caught on video and showing former Minneapolis police officer  Derek Chauvin kneeling on Floyd’s neck for more than 8 minutes while he was begging him to stop and telling him he couldn’t breath, started nationwide protests that are still going one as today.

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9 motorists and one passenger died in traffic accidents and one cyclist was fatally sideswiped by a speeding bus. No pedestrian deaths were reported during the entire month. NYC car accident fatalities caused by speed and recklessness increased significantly in April during the lock-down. motorist deaths April 2020 NYC

Globally, the number of traffic accidents recorded by the NYPD in April dropped to 4,037 in April 2020 compared to 10,877 in March and 16,6332 in April 2019 as New York Streets stayed mostly empty because of the Covid-19 lock-down order. The number of reported accidents was approximately 4 times lower than what it was during the same month a year earlier when the city was not affected by the pandemic.

Traffic Accidents NYC April 2020
NYC Auto Accident injuries were also at their lowest with 1,287 people injured in April compared to 3,099 in March and 4,701 in April 2019. Drivers and passengers were the categories with most people injured.

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Linda Rosenthal Sponsor of the NY Child Victim Act
Child sexual abuse victims in New York State and their advocates are expecting Governor Cuomo to sign a bill extending the Child Victims Act look-back window to August 14 2021.

The NY Child Victim Act was enacted on August 14 2019, allowing victims of child sexual abuse to bring a lawsuit against their abusers until the victim reaches the age of 55 year old. For those who are older than 55 year old and suffered sexual abuse in their childhood, the new law came with a one year look-back window during which any child sexual abuse victim in New York State, no matter their actual age and when the abuse occured, could file a lawsuit against their oppressor and/or the institution that hired them such as religious institutions, schools, boy scouts, etc.

Court services reduced to essential proceedings online during Coronavirus lock-down prevented child sexual abuse victims to file a lawsuit

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child head injuryWhen a child sustains head injury, parents always worry about the risk of traumatic brain injury and now more than ever seek medical advice through telephone triage call systems. When parents call such systems, they will be connected to a triage nurse who will provide them with recommendations on what to do next. However the question is, how parents follow up on these recommendations. A recent study  by Catherine C. McDonald, PhD, RN, FAANorcid, Melissa R. Pfeiffer, MPH, Roni L. Robinson, MSN, RN, CRNP, Kristy B. Arbogast, PhD, Christina L. Master, MD, FAAP, CAQSM published in Clinical Nursing Research, tried to determine if parents follow recommendations and what percentage of the phone calls result in a TBI diagnostic.  They especially wanted to know if parents who had been recommended to see a doctor because a traumatic brain injury was suspected, would indeed do it.

84.1% of parents follow phone recommendations to seek medical care for their child’s head injury

The researchers analyzed one year of pediatric head injury calls at the Barton Schmitt Pediatric Head Injury Telephone Triage Protocol. Among the 5,045 phone calls for patients ages 17 and younger and meeting the criteria for the study, they found 2, 464 calls during which the triage nurse recommended to seek medical care urgently or in the next 24 hours. They estimated that in 84.1% of cases parents followed the recommendations provided on the phone and brought their children for an urgent medical consultation at their medical home network or at an outside care facility. Among those children who were recommended to seek urgent care, 39.5% were diagnosed with traumatic brain injury.

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construction sites are reopening in NYCNow that the construction industry is restarting in most of the country, some contractors are using the help and advice of medical professionals. to keep the deadly virus out of their job sites. Medical consultants are being hired to make sure the new Covid-19 safety guidelines are applied proprely and health and safety staff are being seen on job sites screening construction workers temperature.  Industrial hygienists are being hired to work on safety protocols. Infectious disease experts are providing consulting to construction companies with large amounts of workers to make sure they get advice on proper infection control practices across construction sites such as  installation of washing stations, cleaning, new protocol with food vendors, proper face covering and contact tracing procedures.  Many large contractors have also created their own Response Team in charge of working with medical experts to make sure recommendations are proprely implemented. They also try to hire health care providers with pandemic preparedness background to join theses teams on a full time basis. However because of the actual shortage of healthcare providers these positions are difficult to fill.

In New York, employers are responsible for the safety of their construction workers. A large contractor not only consulted with medical professionals for its construction sites but also for its corporate offices. The contractor uses automatic temperature checking stations, barriers between open offices as well as staggered start times with rotation schedules for their employees. The flow of offices has been re-designed to one way. Employees received personal lunch kits, and silver defender virus-killing tape was applied on door handles, coffee stations and copy machines.  Additionally the marketing team of the company has been creating various videos to proprely train employees on how to access their job sites or their office, how to behave on the jobs site and in offices, how to socially distance while at work as well as how to use sanitation and cleaning.

Read more in Construction Dive

 

 

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bicycle accidents severe injuries and deaths rate NYCAs New York City is gradually re-opening, many New Yorkers may opt to commute by bike rather than by subway to mitigate the risk of getting infected by Covid-19. Many of them find it more convenient to use a bike share program rather than owning their own bike.

While some might worry that less experienced bike riders using bike share programs might result in an increase in bicycle accidents, a recent study found that bike share programs might indeed lead to a decrease in bicycle accidents

A study published in the American Journal of Public Health found that bike share programs lead to an increase of cyclists on the road but a decrease in the rate of bicycle accidents. The study took place in Philadelphia and analysed the number of people using a bike since the city introduced its bike share program in 2015. While the rate of bicycle accidents doubled between January 2010 and May 2015 in Philadelphia, it decreased by an average 13% yearly between May 2015 the end of 2018.

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covid-19-236% of patients who are hospitalized for Covid-19 have heart injury and have a higher risk of death according to a recent study by Anu Lala, MD, Assistant Professor of Medicine (Cardiology) at the Icahn School of Medicine at Mount Sinai and published in the Journal of the American College of Cardiology.

Anu Lala’s team studied the records of 3000 patients who checked in at the emergency room of five New York City hospitals during the first two weeks of April. Among these 3000 patients. 60% of them were male. The average age was 66 year old. 25% were self-identified as African American and 26% were self identified as Hispanic or Latino. A quarter of them had a history of heart disease and another quarter had cardiovascular risk factors.

High level of Troponin is an indicator of  myocardial injury or hearth damage

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construction sites nycConstruction workers are going back to wok at 33,556 non-essential construction sites today as New York City enters phase 1 of NY State re-opening plan.  To prevent workers from getting contaminated by the coronavirus, any employer hiring workers for a a construction site requiring permits from the DOB or otherwise regulated by the NYC Construction Codes and the NYC Electrical Code must comply with the Interim Guidance for Construction Activities during the Covid-19 Public Health Emergency.

To make sure construction workers are adequately protected, DOB inspectors will conduct safety inspection sweeps  and periodic checks of NYC construction sites.

In New York State, the general contractor and/or the owner of the construction site are responsible for the safety of their employees and, in addition to the regular safety guidelines applicable on construction sites, they now will have to make sure that:

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Personal Injury Attorney Ben RubinowitzOur Managing partner Ben Rubinowitz and Evan Torgan will be presenting “Successful Trial Techniques from Jury Selection through Summation”, a live streaming Seminar organized by the New York Sate Academy of Trial Lawyers on Wednesday June 10.

This two hour seminar will feature some of the best known Trial Lawyers in New York. For more than 20 years, Evan Torgan and Ben Rubinowitz have provided guidance to lawyers throughout the state in their featured column in the New York Law Journal, Trial Advocacy. This seminar will take you through some of the techniques that have allowed these lawyers to obtain multiple seven- and eight-figure verdicts. They will not only talk about strategies they use but will provide demonstrations of the successful techniques that have allowed them to obtain such remarkable results. The two will be joined by Angélicque Moreno, President of the New York Academy of Trial Lawyers, another successful trial attorney who has numerous multimillion dollar verdicts and settlements to her credit.

Click here to register

 

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covid-19-2Dozens of resident at The Harlem Center for Nursing and Rehabilitation died from Covid-19 but the facility  failed to report them.  The nursing home was slapped with violations from the NY Health Department for hiding the deaths of 25 residents.

The facility was reported by a neighbor who recorded a video showing at least 20 bodies in black bags being transported out of the nursing home and piled into trucks. At the time, the nursing home had only reported 5 deaths. It is is now facing a fine for failing to protect its residents and under-reporting the number of deaths.

While nursing homes as well as hospitals are immune from most neglect lawsuits during the pandemic, they are legally obligated to disclose the number of  residents who died from the coronavirus. According to an executive order that was released by Andrew Cuomo on April 17,  nursing homes have to report coronavirus deaths to family members within 24h. Nursing homes that don’t comply can be fined $2,000 per undisclosed death and risk the revocation of their license as well as criminal prosecution.

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