Child Injury Lawyer Blog

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

San Luis Obispo County, California high school and doctors are using a program to help doctors and coaches better manage student athletes with concussions. The program provides brain testing for student athletes BEFORE there is an injury or concussion. With this baseline testing in place, doctors are better able to determine the objective effects of a concussion after the injury takes place. A similar program is in effect for the National Football League.

This is a sensible approach by this County and its high schools. In medicine, baselines are important to establish the patient's condition before an injury or condition takes place. You can read more about this program at San Luis Obispo County California High Schools Institute Program to Better Deal with Student Athlete Concussions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A common every day object like a chopstick or a pencil may seem harmless. However, these common objects can actually be very dangerous to infants and toddlers. A news story was reported from Beijing, China involving a 14 month old boy who accidentally had a chopstick go up his nose and into his brain from a fall. Fortunately, doctors were later able to remove the chopstick through surgery. Doctors were concerned about a possible infection because the chopstick was dirty.

Parents should take note of this incident and do their best to remove any object that may cause harm to a small child from a fall or other related incident. You can read more about this story at Chopstick Removed from Toddler's Brain.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, it is now a felony to drive a vehicle while intoxicated with a child in the vehicle. Drivers, many are the very parents of the child in the vehicle, should refrain from driving any time that a child or any other person would be put in danger while driving under the influence of drugs or alcohol. Far too many personal injuries and deaths occur on New York roads due to drunk driving. The New York law was named after a child who died as a result of a drunk driver. Leandra Rosado, of Manhattan (New York) died as a passenger in vehicle going to a sleepover. There were also six other children in the vehicle at the time. While this law will not bring Leandra, who was only 11 years old at the time of the incident, back to us. Hopefully, the law will be a further deterrent to continued drunk driving on New York roads. You can read more about this law at New York's Felony Law Takes Effect.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi and other States, most homes have a bath tub. Many parents may not realize that a bath tub is very dangerous to small children. Drownings in bath tubs continue to be reported. All children should be supervised when in or near a bath tub that has any amount of water in it. Even a small amount of water in a bath tub can lead to a drowning. If a bath tub is not being used, drain it. Tragically, safety measures are not taken or forgotten. In these instances, some children are injured or even die. You can read more about the recent drowning in a bath tub in Mississippi at Child Drowning Investigated by George County Sheriff.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators in the State of Illinois are attempting to make the roads a little safer in Illinois by passing a ban on texting while driving law. It is not against Illinois law to drive while texting, checking e mail, updating Facebook, or otherwise surfing the Internet on handheld devices, mobile phones, and computers. There have been a great number of accidents attributed to distracted driving caused by these activities. The new laws make sense and should discourage many drivers from engaging in such acts. Of course, there have been driving while intoxicated or driving under the influence laws in effect for years; yet, people still drink and drive. Tragically, personal injuries continue to occur as a result of drinking and driving. While the new Illinois law will not completely eradicate texting while driving and other dangerous acts while driving, the new laws should reduce the incidents of such acts. The law should be a deterrent to drivers in the State of Illinois especially if the law is properly enforced. You can read more these new Illinois laws at Texting Ban While Driving - One of Many New Illinois Laws.

Many child injuries occurring in the family home can be avoided with better supervision and safety measures. Televisions, electronic equipment, and furniture can be quite dangerous when they tip over on a small child. Even though televisions over the years have become lighter in weight, the flat screen televisions can still inflict severe injuries on a child especially when the television falls off of a shelf or falls off of its mounting. Parents and homeowners should securely fasten televisions, furniture, and electronic equipment to help avoid the incidents leading to serious injuries to children. You can read more about this topic at Tipping Point - Anchor Furniture and Televisions in the Home.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child's age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A California judge ruled that Roman Polanksi must return to California for sentencing. It is certainly interesting how Polanski and his attorneys have litigated and argued his case. What has been absent from the arguments and posturing of his attorneys is a factual defense as to the incident itself. Did Roman Polanski have sex with a 13 year old girl? It does not appear that there have been any denials that Roman Polanski acted inappropriately and illegally regarding this acts. The arguments that have been put forward have been that there was a deal in place with the prosecution and Judge, that 40 years have passed since the incident, and that Polanski is a famous director who has made wonderful films. Polanski should return to California and face the consequences of his acts regardless as to where and when they happened. See Judge Says Polanski Must Return for Sentencing.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Saulk Institute for Biological Studies has released a new research report that promises to shed light on both Autism and ADD. It looks at how the mind moves its attention from one thing to another. In the report, researchers outline the functions of the superior colliculus (part of the brain), which is a major component of both selecting what to focus on and the motor functions used when turning one’s head or eyes to look at something.

The new research shows that the superior colliculus is also a major component in what they call “covert attention,” or the act of looking at one thing while actually paying attention to another. To prove their hypothesis, they temporarily inactivated the superior colliculous in test subjects, and asked them to identify the location of an object on a computer screen in front of them. Without use of the superior colliculus, the test subjects were unable to identify an object that was right in front of them. The results were very similar to behavior traits of patients with Autism or ADD. Researchers are confident that understanding how the brain focuses and moves attention is critical for understanding disorders of attention.

Read the full story on the new Autism and ADD research findings at Findings may shed light on the origins of autism and attention deficit disorders.

If your child has been discriminated against due to their Autism or Attention Deficit Disorder please contact our firm for expert child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the U.S. Defense Department, around 220,000 service members have dependents with Special Needs. But tending to a Special Needs child can be very difficult for military families. Every time the family is transferred to a different school district, parents must figure out the intricacies of local Special Education policies. For spouses of deployed soldiers, the task becomes even more difficult, as they are often forced to deal with it alone.

The Marines and the Army have recently stepped in to provide support to parents of special needs children. For example, the Marine Corps will provide parents with a caseworker and a special education attorney to help them straighten out their child’s educational plan with the local school district. The professionals will accompany parents to meetings with school and, if necessary, to court. Not surprisingly, school districts are more eager to negotiate with a special needs lawyer in the room.

In spite of the positive results of the program, the U.S. Department of Defense reports that fewer than half of all eligible military families have taken advantage of it. Reportedly some service members are afraid that participation will limit their chances for promotion, due to the fact that enrolled members can only be transferred to bases where specialty doctors are available to address their child’s needs. But recent additions to the program, such as forty hours a month of free respite care and attorney help with legal issues has increased enrollment by forty percent.

Find out more about what the military is doing to help families with Special Needs children at Military helps families find care for special-needs kids.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other States, parents have a duty to provide shelter, food, and proper supervision of their children. In addition, parents have a duty to make sure that a child gets a proper education and medical care as well. In Vernal, Utah, KSL NBC TV 5 reported that a 7 year old boy had toe / foot injuries that did not get timely medical care. As a result thereof, amputations of parts of the foot / toes were required. The Division of Child and Family Services and the Uintah County Sheriff's Office investigated this incident and the boy's mother (Michelle Napolitano) and step father (Francis Napolitano) were arrested on charges of inflicting serious injury on a child.

While parents are not held to the standards of doctors and other health care professionals, parents have a duty to act timely and in a reasonable manner. Often times, parents ignore the needs of their children for whatever reason or no reason at all. Small children need guidance and proper supervision from parents. Typically, a 7 year old child is not going to know who to set up a doctor's appointment, arrange for transportation, or otherwise get the help he needs without assistance from a responsible parent or adult.

You can read more about this story at Boy Has to Have Parts of Fee Amputated - Parents Charged.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An Illinois Court of Appeals recently upheld the right of an Autistic child, Carter Kalbfleisch, to bring his service dog to school. The court upheld an earlier ruling by the Monroe County Court that allowed the child to bring his autism service dog, named Corbin, to school with him. The Monroe County Court decision had been appealed by the Columbia School District. The School District argued that the dog would be disruptive and that some of the other students might be allergic to it.

After the initial ruling, the School District declared that it could not meet Carter’s educational needs, and sent him to school at the Illinois Center for Autism. The School District agreed to pay for his schooling at the center, but refused to pay for transportation for Carter and Corbin to and from school. The family is hopeful that Carter and Corbin will be allowed to return to school together. The School District still has the option to appeal the decision to the Illinois supreme court. You can read more about Carter’s fight to stay in school with his Autism service dog at Autistic student’s right to service dog upheld.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Unfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.

Experts charge that an atmosphere of tolerance has become pervasive, and that it is ruining the spirit of the game for children. Stories of ridiculous behavior include a former Mississippi congressman exchanging blows with a referee after the referee made a comment that caused the congressman’s child to cry. Other stories are much more serious, including the beating death of a parent at a youth hockey game in Massachusetts. The beating took place in front of two teams of ten year old hockey players. The National Association of Sports Officials reorts that it receives over 100 reports each year of physical contact by coaches, players and fans against referees. Referees have been kicked, punched, choked, head-butted and even knocked unconscious.

Ironically, the main lessons kids are supposed to get from team sports are teamwork, how to win or lose gracefully, and how to play by the rules. When parents lose control they are setting a very bad example for kids. Overzealous parents are teaching kids that it is okay to taunt the other team, to cheat, to keep playing even when injured, and to yell at officials when they disagree with a call. Experts and reasonable parents are calling for training, discipline and tough punishments for unsportsmanlike behavior. A special training program in Mississippi has resulted in a significant reduction in the number of players and coaches ejected from games for bad behavior. A similar program in Alabama has reduced ejections by 62%. Find out more about what schools and parents are doing to curb sports violence at Violence mars youth sports.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A New Hampshire organization called the Commission to Prevent Childhood Obesity recently presented fourteen recommendations for preventing childhood obesity to New Hampshire governor, John Lynch. The recommendations are:

1. For New Hampshire to create statewide rules regarding the sale of all food and beverages at public schools that are not covered under the United States Department of Agriculture's school meals program;
2. For laws to be passed requiring all chain restaurants to label menus with nutrition information;
3. To enforce the existing policy requiring daily physical activity for all students;
4. For school personnel to perform an annual comprehensive fitness assessment and provide a report to the child and his or her parents with the results;
5. For the department of education to reinstate the Physical Education and Health Coordinator;
6. For after school programs to provide healthy snacks and provide some form of physical activity;
7. To modify child care licensing requirements to require physical activity for the children;
8. For the Department of Health and Human Services to regulate and monitor the meals and physical activity levels of children in state care;
9. To expand the New Hampshire Farm to School Program, which helps children learn more about healthy eating by encouraging schools to purchase food from local farms;
10. To make communities more friendly for walking and bicycling;
11. To pass a law requiring all health insurance providers to pay for visits from registered dieticians for children with a BMI percentile-for-age equal or greater than 85 percent;
12. To provide continuing medical education for health care providers specific to childhood obesity;
13. To require primary care providers to assess BMI percentile-for-age at the annual checkup for all patients between two and twenty years of age; and
14. To require schools to assess BMI percentile-for-age annually as part of their accreditation requirements.

Even though these recommendations are specific to the State of New Hampshire, parents, educators and healthcare professionals in every state can take a few pointers from this list to help children in their state fight obesity. Find out more about the recommendations at Recommendations to prevent childhood obesity.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Autistic children can be hard to control, especially out in public where they may try to run away – sometimes into a busy street. While it is important for an Autistic child’s development to go out in public, parents will need to learn special skills to keep them safe when they do.

In many cases, bringing the child’s teacher into the plan can be very helpful. Special Education programs often have special classes where they let the children practice how to behave in public. This can include eating in restaurants, shopping, and going to the movies among other activities. The children usually practice ahead of time with role playing games and story telling. They then spend a short amount of time in public, gradually lengthening the time spent as they become more comfortable with the routine. Families should work closely with the school so that they can continue and reinforce the training outside of school. After a lot of practice good behavior will become routine.

If the child continues to pull away or act inappropriately, routine discipline, such as depriving the child of a reward can help discourage inappropriate behavior. Other options include using a harness or considering a therapy dog specially trained for children with Autism. Find out more tips for keeping Autistic kids safe in public at Going Out Into the Community With An Autistic Child.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Manhattan, New York, the Office of Special Narcotics arrested Akwasiba Radellant, age 36, for running a drug den out of an apartment that also served as a day care center. Ms. Radellant, of course, is entitled to representation from a private criminal defense attorney or the public defender. Ms. Radellant claims that the marijuana did not belong to her and she had no knowledge of its presence in her apartment. Prosecutors, however, believe that Ms. Radellant was involved and had knowledge of the drugs in the apartment since a digital scale was obtained as evidence. In addition, plastic bags were covering windows to the apartment as well. Ultimately, this case will result in a plea deal or a trial. The evidence and witness statements must be analyzed by each side to determine how the case will be pursued or defended.

Day care centers in New York and other States should be a haven of safety and education for children. Drug dealing or use near children can lead to dangerous and disastrous consequences. Day care operators should take all reasonable efforts to act in the best interests of children under their care. You can read more about this story at Manhattan Day Care Center Was Drug Den: Prosecutors.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.

The program was developed in response to the fact that children in foster care often end up homeless, jobless, and incarcerated as adults. The theory is that the money spent on foster programs would be better spent educating the child’ biological parents to improve their parenting skills.

Los Angeles County is taking advantage of a new federal program which allows them to accept a set amount from the government, rather than an amount determined by how many children are in foster care. Under the program, the county can use any excess funds as they see fit. In some cases, the county may pay for furniture for the child’s room, child care, parenting and anger management classes, and even a bus pass to get to job training classes. If the child moves back in the parent may also be eligible for more housing, food stamp and welfare benefits.

The program seems to be working; in the last decade the county has reduced the number of children in foster care by more than half. And the savings in monthly foster care costs has allowed the county to hire more case workers. Find out more about this foster care avoidance program in California by visiting With time and help, a mom may learn to conquer anger.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Consumer Product Safety Commission has recently imposed new regulations on manufacturers of baby products. Industry insiders speculate that the new rules were prompted by a recent rash of baby product recalls.

The rules, which were passed unanimously, will require, among other things, that manufacturers keep track of all product owners, by giving customers a postage paid registration form with the product. The manufacturer must then keep the customer’s information on file. The Consumer Product Safety Commission passed this rule to make sure that parents can be informed of life-saving recalls as soon as possible.

In 2009 three major recalls of baby products were issued after serious injuries occurred. The defective products included an infant car seat with a defective handle, a crib that caused injuries, and a stroller that caused finger amputations. Hopefully these new regulations will help parents keep their children safe from dangerous and defective products.

Find out more about this story at ABC News Reports on New Baby Consumer Product Regulations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, there is a right to bear arms under the Second Amendment. With rights come responsibilities. These responsibilities include the safe use, storage and transportation of guns and fire arms. There are many companies that have produced some excellent products that make guns safety. I had the opportunity to pose some questions to Wayne Woolsey, CEO of Waynes Wicked Enterprises, Inc. based in Fayetteville, Arkansas.

How long has your company been in business? Since 2007

What products do you sell that promote gun safety? Rifle Reel, Barrel Bumper, and Wrist Lanyard

How do your products make guns more safe than guns that do not have your safety
products?
Master instructors of the International Hunter’s Education Association, have field tested the Rifle Reel and Barrel Bumper and have given it the highest compliments and accolades for its safety factors and innovative approach. As of 2008, the IHEA is using the Rifle Reel as a teaching tool during hunter education classes to help reduce the number of accidents due to:
Un-customized fit while firearm is being transported;
Unsafe methods while hoisting firearm into elevated stands;
Dropping firearm from elevated stands;
Failure to identify target;
Foreign objects (i.e, mud, debris) in the barrel of firearm;
Sling catching on objects because of it always hanging down;
Being seen in no/low light wile transporting game and firearm out of the woods;
Keeping black powder rifles from getting moisture in barrel while carrying it in the muzzle up position; and/or
Used as visual aid for hunters to be aware of a loaded black powder rifle.

What role does the safety of children play in how you market your products? Changing the way our youth looks at hunting with a firearm is huge. I have 3 boys who hunt and they are safer now than they have ever been. If all hunters have operational procedures instead of guidelines, the sport would become safer, like aviation. I am a professional pilot and safety is vital and so is having a partner that is trained the same as yourself. I know if he is not doing something correct because of procedures and I can immediately make a correction.

What is your advice to gun owners who have children? Use a trigger lock when the firearm is not in use. Also store the ammo and clips in another locked area than the firearm. The problem is no one has developed products while using a firearm to make it safer. I have researched and as far as I can tell my products are the first firearm accessories that increases safety while using the firearm. It only takes someone a split second to pull the trigger, but what about all of the other time that the firearm is being handled. This is the crucial period of any usage of a firearm.

You can contact Wayne Woolsey and read more about these important safety products at www.wayneswicked.com I would like to commend Mr. Woolsey for promoting products that help make gun use safer around children.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chelation is perhaps the best know “alternative” therapy for Autism. Defeat Autism Now, an influential Autism advocacy group, calls the treatment "one of the most beneficial treatments for autism and related disorders." Parents eagerly trade Chelation success stories on websites and chat rooms dedicated to the disorder. Chelation, as a treatment for autism and related disorders, has developed in response to the unproven supposition that Autism is tied to the accumulation of heavy metals, especially mercury, in the body. Treatment can vary considerably in its execution; forms include skin cream, pills, and even intravenous delivery of powerful medications designed to combat severe metal poisoning.

But skeptics argue that the test for heavy metals is itself faulty, as it is preceded by the delivery of a Chelating drug that causes the body to excrete heavy metals that naturally exist in the body. They argue that the Chelating drug actually increases the amount of trace metals found in the body, which are then “revealed” by the subsequent urine test. They further charge that the lab sends back results charted against a “normal” result that was obtained from someone who was never given the chelating drug.

Dr. Carl R. Baum, director of the Center for Children's Environmental Toxicology at Yale-New Haven Children's Hospital says that that is not a scientifically valid way to run a test. The American College of Medical Toxicology has become alarmed by the widespread use of this test and has warned parents and physicians that the test is widely misunderstood. They charge that proponents of the therapy rely on anecdotal evidence and have never run a well-designed study on the practice. Further, Chelation therapy in itself can be very dangerous, leaching necessary metals from the body and possibly causing cognitive and emotional impairment.

Read more about the controversy at Chelation based on faulty premise.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Massachusetts five year old boy and his seven year old sister were visiting family recently when the visit turned tragic. The family’s pet bullmastiff charged the children, wounding the little girl and seriously injuring the little boy. The dog reportedly attacked without warning or provocation, as the family was leaving the house. The child suffered serious facial injuries from the attack and was taken to the hospital. The dog, a 2 ½ year old, is under the supervision of animal control officers and will remain in quarantine until the owners make a decision on what to do with the animal.

Small children and aggressive dogs too often turn into a tragic mix. Animals can strike without warning if they become spooked, and small children are especially vulnerable because they might do something to unwittingly provoke an attack. Parents should be very wary when bringing their children into a home with a large or aggressive dog breed. Dog owners need to be sure to keep their pets securely restrained when children are in the house. You can find out more about this holiday dog attack at Child attacked by dog in Dighton.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents across the country are on high alert for the H1N1 virus, also called the swine flu. With stories of deaths from the disease on the news every night, it can be easy for parents to become alarmed. But the advice about what to do if your child has the H1N1 virus can be confusing. A recent article outlined the five warning signs of an H1N1 infection that is worsening to the point that medical attention is required. If a child shows these warning signs, they should be taken to the emergency room immediately.

Fast or troubled breathing: Normal breathing for a child is very smooth. Look for ragged or difficult breathing. This can be a sign that the lungs have become involved.

Numb or blue fingers or toes: This can be a sign that the heart has been affected and is not working properly.

Can't touch chin to chest: This can be a sign that he or she has developed meningitis.

Symptoms improve and then return: This can be a sign of a secondary, more serious, infection.

A fever with a rash: According to the CDC this is an important warning sign to watch out for.

But even if none of these symptoms are present, the most telling sign is your instinct as a parent; if your child seems very ill or is just not acting the same, that can also be an important sign that they need immediate medical attention. Read more about the H1N1 symptoms to look out for, read the full article at Flu Test Wrong, Girl Almost Dies.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A serious defect with restraint straps has led IKEA to recall its “Leopard” style baby highchair. Parents, who own a Leopard highchair, are advised to stop using it right away and return the chair to IKEA. They will receive a full refund. According to a store press release, the chair has problems with its snap locks, which could cause the seat to fall out from under a child while it is sitting in the highchair. Loose snaps would also pose a choking hazard for small children. The company has received eleven reports of defective restraint straps, and one report of an injury related to the defective straps.

According to a company spokesperson, any child seats sold at IKEA are us. It is troubling that a large, established company like IKEA would begin selling a children’s product without thoroughly testing it first. If an injury case related to these defective highchairs goes to trial, the company’s product testing policy will likely be central to the case.

Read more about the IKEA defective highchair recall at IKEA recalls highchair.

If your child has been the victim of a defective product, please contact our firm for child injury legal counsel.

A story posted at Med Page Today covered the choking dangers of pop top tabs on soda cans. Years ago, the soft drink and beer industry made changes to the design of the pop top. The new design called the "stay tab" helped keep the pop top connected to the can even after opening. This new design also reduced some little and the minor dangers of stepping on a pull tab. Doctors at the Radiological Society of North American recently reviewed the topic of choking hazards involving pop tops or stay tabs. Choking incidents in ER rooms and doctor's offices continue to be reported even after the introduction of the stay tab to the market. Stay tabs can be removed and do fall off. As such, with any small foreign object, there is a choking risk to children. For parents, teachers, day care providers, and care givers, due diligence should be taken to prevent children from choking on small items ranging from stay tabs to coins to buttons to small toys. Keep your chidren safe.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Home treadmills can be quite useful exercise machines. Rather than traveling to a gym, many people can use a treadmill in their own homes for private, quiet exercise any time of the day. While treadmills can be quite useful tools or machines for exercise, they can also be quite dangerous to children. In emergency rooms, many children over the years have been treated for treadmill related personal injuries. A study published in the Irish Medical Journal documents several treadmill related incidents. Because of the real danger of injury, parents, homeowners, and apartment complexes should take precautions when children are near a treadmill. Education, safety precautions, and adult supervision are key factors that can help prevent or reduce the number of treadmill related injuries to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A study released by the University of Washington has shown that an intensive intervention program designed for toddlers with Autism, called the “Early Start Denver Model” can actually improve their IQ, language and social skills. Some of the children involved in the study were even able to attend regular preschool classes. Participants in the study were provided with intensive therapy in all areas of development by trained professionals who worked with the kids one-on-one for 2 hours a day, 5 days a week. The program also included training the parents so that they can reinforce lessons throughout the day.

The study only included children between eighteen and thirty months, but according to its designers, the program is suitable for children up to five years old. The American Academy of Pediatrics recommends children be screened for Autism starting at eighteen months, even though the age of first diagnosis for Autism spectrum disorders is closer to three or four years. The late diagnosis is attributed to a widespread lack of proper screening tools. The goal of the new program is to identify children much earlier so that they can intervene in the child’s brain development as early as possible.

The study’s authors will be publishing a step-by-step manual for their technique very soon. It will be complemented with web-based training materials. Find out more about this groundbreaking Autism study at Working Intensely Early on May Help Autistic Kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study in Pediatrics - Delayed Identification of Pediatric Abuse- Related Fractures - reported that doctors often miss the signs of child abuse and neglect. The study found that doctors, especially those who were not pediatricians or pediatric specialist, often misdiagnosed child abuse type of fractures for accidental fractures. This was especially the case when the victim / patient was a boy. The report indicated that there was a delayed recognition of abusive fractures in children. When a child is abused or neglected, time is often of the essence in removing the child from a dangerous living environment or from the dangerous person whether it is a parent, teacher, child care giver, older sibling, or another child. You can read more about this study at Doctors Overlook Signs of Child Abuse.

Parents should seek medical attention from a pediatric specialist if possible when dealing with fractures that take place at day care centers, schools, and other areas. It is important for a parent to get a clear diagnosis of the injury including the probable cause of the injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United Health Study released a report that ranked Arkansas as 40th of the 50 States reviewed. While Arkansas did improve from its prior ranking of 44th last year and 50th from 10 years ago, health officials and advocates point out that there are still major health issues to address for the residents of Arkansas. Obesity, smoking, and chronic health problems are among the factors considered for the ranking. Arkansas is not alone in facing the mounting problem of obesity especially in children and teens. You can read more about Arkansas' ranking and other issues addressed in the report at Arkansas Ranks 40th in Health Report Among States.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

All Terrain Vehicles (ATVs) are not toys. ATVs are powerful machines that can be a lot of fun. In addition, ATVs can be quite dangerous to the health and safety of children. Because ATVs are powerful machines, it is important to exercise safety precautions any time that a child is on or near an ATV. Helmets are vital in case a child falls off an ATV. Training is also essential so that the child is taught how to properly operate the ATV. Some child safety advocates recommend that a child refrain from operating an ATV until a certain age. Parental or adult supervision is also key to the safety of a child when a child is operating or riding on an ATV. For more safety tips, see ATV Safety Tips for Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua Johnson and his grandmother were in the Golden, Colorado Wal-Mart parking lot when Joshua suddenly broke away from his grandmother and bent over to pick something up off the ground. Debra Debruyne was looking for a parking space and never saw the boy; she struck the child and then dragged him for ten feet before she realized what had happened. When she stopped, Joshua was wedged under her car and couldn’t get out.

Scott Martin, a full time firefighter and paramedic and his wife, Jennifer, heard a thud and a scream, and then rushed to the car with medical equipment and a radio. Five other bystanders lifted the car off of the boy so that Martin could crawl under it and bring the boy out. The child was not breathing, but Martin was able to straighten out his airway. He then held the boy immobile so that he couldn’t move and hurt himself further. Joshua is in critical condition at Children’s hospital. According to police, there is no way Ms. Debruyne could have seen the child, and they will not be filing and charges against her.

A busy parking lot is a very dangerous place for a child, especially during the holiday rush. Parents and drivers need to take the time to pay attention to their surroundings and proceed with caution. Read more details about this accident and the heroes who saved Joshua’s life at Bystanders lift car to rescue trapped 3-year-old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In communities throughout the United States, children participate in organized sports. For the most part, sports involve exercise, team work, team building, and fun. There is a competitive component involved in children's sports. Unfortunately, many coaches and parents get too involved with the competitive nature of the sport. Practices are extended and the concept of winning takes a front seat or priority to everything else. It is important for coaches, parents, and league administrators to "keep the eye on the ball" and make sure both the physical and psychological well being of each child is considered when conducting practices and when competing in games. Remember that an 8 year old child is still an 8 year old child. An article posted at The Advertiser.Com provided good advice and perspective on this topic. See Play It Safe When It Comes to Kids and Sports.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police departments and law enforcement agencies are using text messaging to help solve crimes. Anderson Software is a company that provides software / technology that allows text messengers to anonymously send in a text message crime tip. The text message goes through a third party computer server, assigned an encrypted alias and then finally forwarded to the police. Many people feel that they will be identified as a snitch when informing the police of important information. By using this technology, some police believe that more people will help police in solving old crimes and preventing new ones from taking place. You can read more about this technology at Text a Crime Tip Programs Assist Police.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Pennsylvania day care owner is facing a criminal trial for the death of a child under her care. Last summer, a 2 year old died from hyperthermia when he was left unsupervised and unattended in a hot car by Rimma Shvartsman. Ms. Shvartsman, through her criminal defense attorney, will present a defense involving a mental infirmity because she had found out just hours before the alleged criminal acts that her thyroid cancer had returned.

Ms. Shvartsman, like all other criminal defenses, are entitled to a jury by her peers and are entitled to put on a defense. Ultimately, a judge and jury will hear all of the facts on the case. Ms. Shrartsman faces a prison term of up to 7 years if she is convicted.

Child care providers and day care providers, who are reckless and grossly negligent in their care of a child, should be subject to criminal prosecution. Each case should be judged on its own facts. You can read more about the incident and charges of this Pennsylvania case at Pennsylvania Tot Dies in Hot Car - Criminal Responsibility.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Oscoda Township, Michigan police are investigating an accident in a supermarket parking lot that took the life of a twelve year old girl. Reportedly, the driver of a 1999 Buick was backing out of his parking space when he lost control of the vehicle due to an alleged mechanical failure. The car spun out of its spot in reverse, crashing into the entrance of the market where a woman and three children where exiting. All three children were hit by the car, the twelve year old died at a local hospital, a nine year old girl was airlifted to the hospital, and a four year old boy was treated and released. The driver of the Buick has been questioned, but no charges have been filed.

This very tragic accident is an example of the terrible injuries that can be caused by a mechanical failure. While the specific failure in this case was not mentioned, it will certainly be the subject of much scrutiny if this case goes to court. Find out more about this tragic accident that took the life of a child at Police Investigating Child Death in Iosco County.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children often times are the unfortunate and sometimes tragic victims of dog bite injuries. Dog owners and parents should use their best efforts and judgment to take actions to prevent dog bite injuries from taking place. Various actions can be taken to prevent dog bites or reduce the incidents of dog bites. These actions include but are not limited to socializing the dog, training the dog, neutering the dog, obeying leash laws, and attending the health and nutritional needs of the dog. It should be kept in mind that dogs are animals and are, at times, unpredictable. As such, it is important for dog owners and parents to take all reasonable efforts to protect children when near a dog. See How to Prevent Common Dog Bite Injuries for more tips and advice on preventing dog bites.