Child Injury Lawyer Blog

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Due to the increasing awareness of youth-athelete concussions, Arizona lawmakers are set to consider a bill that aims to curb the problems presented by concussions in youth athletes. Senate Bill 1521 would impose new restrictions on youth athletes who sustain sports-related brain injuries. Specifically, SB1521 would require any youth who suffers a concussion, either in competition or practice, to be removed from the game or other competition immediately. Before the youth athlete would be able to return to play, he or she would need to be checked and cleared by a doctor or qualified health-care professional. A significant problem with youth concussions is that players are returned to the game before the concussion or other head injury has had adequate time to heal. When the youth is returned to play prematurely he or she becomes more susceptible to sustaining a second concussion or personal injury, which can lead to brain swelling or even death. Concussions can affect a youth's sleeping and behavioral patters, as well as pose thinking and memory challenges. For more on the new law please see Arizona lawmakers set to decide on law that will impose restrictions on youth athletics and raise concussion-awareness.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 15-year-old sophomore has been charged with cyberstalking and using false information for an alleged Facebook posting that occurred in November 2010. According to an affidavit, the student at Smithfield High School used a fake account to harass a freshman who, because of a birth deformity, is missing part of her foot. The sophomore allegedly used the fake account to pose as the freshman. The account also had a picture of a bloody severed foot and included the freshman's last name and birthdate. John Reis, an anti-bullying educator, is concerned that people are not taking the incident seriously, thinking of it as a practical joke instead. Reis is concerned that other students are not appreciate the inherent meanness of the phony account. Also according to the affidavit, the sophomore's father was rude to police and seemed annoyed when police came knocking on the family's door. Reis says that parents need to be proactive instead of running for cover. Parents should take responsibility themselves as well as let their children take responsibility for their actions. When a child behaves inappropriately there should be consequences, children should and accept those consequences and learn from their behavior. The Rhode Island State Police cyber crimes units confiscated 3 computers from the sophomore's home. To read more on this story please see Rhode Island sophomore accused of cyber bullying on popular social networking site.

Bullying has traditionally been a downplayed form of conduct, sometimes bullying has not even been considered a crime. However, in recent years state legislatures have enforced harsher punishments towards those who engage in bullying conduct. Bullying has also increased with the advent of social networking sites such as Facebook and MySpace. Parents should teach their children core, moral values to not bully or other harass their peers.

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

In Banning, California, middle school boys have been arrested on suspicion of sexual assault. The teenage boys are accused of a gang-rape style attack on a fellow female classmate. All the parties involved attend a middle school in Banning, California, a suburban town about an hour-and-half east of Los Angeles. According to Banning police, the female student of Nicolet Middle School was walking home through Roosevelt Williams Part around 5:30 p.m. when she was approached by the three boys. After being approached, police say the boys began to "sexually fondle" the girl, grabbed her arms, and forced her onto a playground set. A police press report stated the victim alleged the teenage boys continued to fondle her and one teen boy raped her while the other two held her down. The victim's cousin, 13, said that attack happened near the bathroom and left the victim with bruises on her neck and scratches on her face. The park is approximately one mile from the middle school. The victim reported the incident to police at her school the day after the attack, she was able to identify her attackers. Police reported when they interviewed the male students they all admitted to the incident. For more details please read 3 male middle school students accused of gang-rape attack on fellow classmate.

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

A bill (law) has been proposed for a modification to Virginia's current law regarding children passengers on motorcycles or other two-wheel transportation devices. The proposed law would make it illegal for any child under 8-years-old to ride on a motorcycle driver on Virginia roadways. Virginia's current child restraint law: Children riding in a motor vehicle will be restrained. However, some people do not consider a motorcycle or scooter a motor vehicle. Advocates of the bill say children under the age of 8 should be restrained whether in an automobile or riding a motorcycle, arguing that most children in that age range lack the strength and skills to safely hold on. Opponents of the bill say this law would drastically interfere with parental rights. The recent increase in Virginia gas prices has sparked a drive in motorcycle and scooter sales. Opponents, therefore, argue that with the new law many children will end up having to walk if the law is passed and enforced. For more on this topic please see Virginia proposes new law that will ban child passengers on motorcycles.

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

With increasing public awareness about head injuries due to game-related impact, it is no surprise that state legislatures are enacting laws to help protect youth athletes from sports-related brain injuries. With the start of the new year, New Jersey Governor Chris Christie signed into law a concussion bill that will create a comprehensive awareness and prevention program about these types of injuries. According to research from the Nationwide Children's Hospital and Ohio State University, there were nearly 400,000 concussions in high school athletics during the 2008-2009 school year. The same research study also concluded that 16% of football players who sustained concussions, which were severe enough to lose consciousness, were back on the field the same day. Most youth athletes are so eager to play that they downplay severe injuries. Coaches, parents, and guardians are also failing to recognize the severity of the youths' personal injuries. The main problem with downplaying or not recognizing serious injuries is that the injured youth becomes susceptible to Second Impact Syndrome. SIS is where the rain swells from a second concussion before fully recovering from the first, which causes pressure on the brainstem and can cause coma, brain damage and even death. The goal from these programs is to ensure the youth athletes can handle simple physical challenges and exercises before putting them back into play. For more on this topic see State legislatures enact laws to protect youth athletes from brain injury.

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

The California Highway Patrol (CHP), Department of Motor Vehicles (DMV) and Child Doula Services have come together to conduct monthly inspections for child passenger safety. According to CHP Officer Paul Dahlen the goal is to educate not enforce. Hopefully educating those drivers with child passengers will reduce child personal injury and child death statewide. Properly installing child safety seats is a state-wide issue. Dahlen stated that 90 percent of inspected car seats are improperly installed. Proper installation of child safety seats is important because it can reduce the chance of a child being ejected from the vehicle during a crash, as well as decrease a child's chance of sustaining severe personal injuries or being killed. Under the current California law, children must be secured in an appropriate child passenger restraint (either car or booster seat) until the child is at least 6-years-old or weighs 60 pounds or more. The current fine for violating this law can be significant, 435 plus add points to an individual's driving records. For more on this topic please see California officials to inspect child safety seats.

Most states have laws for child passenger restraints that are governed by both a child's weight and height. Proper fitting and installing of a child safety seat can prevent your child from sustaining serious, critical and severe personal injuries.

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

A former Massachusetts teacher who ran off with a 15-year-old male student back in 2009 has been sentenced. Judge Cornelius Moriarty sentenced 25-year-old, former elementary school teacher, Lisa Lavoie, to 5 years probation. Lavoie was charged in 2009 after she and a 15-year-old boy ran off together. The pair were found together a week later in a motel in Morgantown, West Virginia. Lavoie pleaded guilty to 3 counts of statutory rape and once count of enticement of a child under 16 years of age. State prosecutors asked for 3-5 years imprisonment, a sentence consistent with statutory guidelines. However, Lavoie was spared jail time because Judge Moriarty believed she will not reoffend given the particular circumstances of this case. Moriarty does not believe this relationship was sought out for sexual gratification, unlike most adult-child sexual relation cases. As part of her probation, Lavoie was ordered to not have any contact with the boy or his immediate family. Prosecutors also asked Moriarty to order Lavoie to not have any unsupervised contact with children under the age of 16. However, Moriarty, believing Lavoie to not be a sexual predator, denied the state's request. Lavoie was also ordered to complete an alcoholic rehabilitation program. Lavoie's attorney, says she accepts responsibility for her actions and in no way excuses what she did. For more please see Former Massachusetts teacher sentenced for 5 years probations after pleading guilty to statutory rape charges.

Although many criminal sentences will be decided on case-by-case basis, people and victims of sexual abuse should not be deterred from revealing or otherwise informing someone about the abuse. Statutory rape is a crime and perpetrators will be prosecuted criminally.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The proper anchoring of bounce houses is vital to the safety of children in Arizona and other States. Some weather can be predicted with the daily forecast. Of course, there are times when an unexpected or sudden weather event takes place and wreaks havoc in an area. In Marana, Arizona, it was reported that a "microburst" took place and picked up a bounce house that was being used by a 10 year old girl and a 7 year old girl. The 10 year old girl was carried for over 100 feet before she then fell out of the bounce house structure. It was reported that the girl suffered serious head lacerations and other injuries.

A microburst is a localized column of sinking air. It has been compared to an upside down tornado. When the microburst hits the ground, its force and effects then spreads from there. Microburst last for a few seconds and are forceful enough to uproot fully grown trees. See Microburst.

When bounce houses are in place, they should be properly anchored to withstand the local weather conditions and otherwise be compliant with manufacturer recommendations. Bounce house operators and those renting bounce houses should always focus on safety over all other party concerns.

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

In Lynn, Massachusetts, a personal injury lawsuit was filed against the owner and operators of a home-day care provider after their son fell from the home's second story porch and crash head first in the cement. John Yasi, attorney for the Lynn family, said the young boy, Kelvin Sholola, sustained severe personal injuries including a brain injury and fractured bone in his forehead. Yasi also stated that Kelvin may suffer lifelong developmental issues because of the incident due to Kelvin's age and the location of his personal injuries. The lawsuit against the Massachusetts day care operator, Lucilia Guerrero, who was licensed to operate the facility, left Kelvin, who was 21-months-old at the time, and his two other siblings unattended. Being left unattended, Kelvin fell from the second-floor porch of the home because of "rotted wooden slats and insufficient protective barricading." The kids were apparently prohibited from being on the porch by the home's state license. Therefore, the family is not only alleging the children were improperly on the porch, but also that they were unsupervised by Guerrero. Kelvin was "comatose for several days" after the incident. However, he is presently out of the hospital although his speech, amongst other things, have appeared to slow down in development. Guerrero eventually surrendered her license after the incident. For more on this story see Family files lawsuit after 2-year-old boy falls from porch of his home day care facility.

This injury, like many other childhood personal injuries, was preventable. Constant and consistent supervision is key to keep children from suffering severe or critical personal injuries that could have lifelong consequences.

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

Officials in Manassas Park City, Virginia, have officially released notice of several violations of the city's extended child care program, Costello Park Preschool after allegations of sexual abuse against an 8-year-old child were found to be true. An 8-year-old girl who attended the day care program told her mother in September 2010 of separate incidents where she was sexually abused by a program employee in July and August 2010. After the child's mother learned of the accusations, she reported the information to the City Parks and Recreation Director, Catherine Morretta. Morretta then notified local police, which lead to an investigation by both the city police and social service officials. The Virginia Department of Social Services Division of Licensing Programs also began an investigation since the day care is licensed by the state.

The day care program was found to be in violation of several paperwork requirements. Mainly, certain staff members had neither a criminal records check nor central registry finding on finding and other the central registry finding of another staff member has not been renewed within 3 years. The city is appealing all of the violations. However, the city is not disputing the child's sexual abuse claims, which the state found to be factual. The state found that a juvenile staff member exposed himself, on at least two different occasions, to the child as well as engaged in sexual contact with her. The staff member also gave the 8-year-old money and told her not to tell her parents. Because the staff member is a juvenile his identity was withheld by officials. To read more on this story please see Sexual abuse allegations at Manassas Park day care program found factual.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman of Portland, Oregon, has been charged with more than 20 felony charges after the woman allegedly recorded herself performing sexual acts on a 1-year-old boy. The 24-year-old woman was identified as Inez Lambert. Lambert was arrested after a friend saw 3 separate videos on Lambert's computer and called the child abuse hotline. The videos allegedly show Lambert performing a sex act on the child. The videos were described by members of the Multnomah County Child Abuse Team as very disturbing. Lambert allegedly sent the cell phone videos to a man who is currently overseas. Investigators are highly concerned that other acts of abuse occurred due to Lambert's previous occupations. She was a day care provider at LA Fitness and also worked the front desk at a 24 Hour Fitness. Officers are looking into whether Lambert every babysat for other families. The FBI and Department of Justice are also investigating the case. Lambert has been charged with seven courts of sodomy andusing a child in a display of sexually explicit conduct and sex abuse. The man overseas might also be arrested, however that will be handled by the military. To read more on this story please see 24-year-old woman accused of sexual abuse after she allegedly videotaped herself performing a sex act on a 1-year-old boy.

Lambert is entitled to an attorney and will be presumed innocent until proven guilty. People who commit sexual abuse against a child are depraved in every sense of the word. Many incidents of child abuse go unreported because of the abuse occurs in isolated environments. However, in this incident a friend reported the abuse and now the perpetrator is being prosecuted criminally. If you know of or suspect someone is a victim of sexual abuse please contact local authorities or a child abuse hotline immediately. Doing so will prompt a criminal investigation and stop the abuse.

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

Kristal Khan, a babysitter from Queens, New York, ran an unlicensed day care center out of her home. She is accused of becoming extremely drowsy and falling asleep after drinking NyQuil cold medicine while babysitting 11-month-old James Farrior III on June 15, 2009. James allegedly fell head first into a mop bucket full of water and drowned. Kahn is accused of not waking up because she was in a cold medicine-induced sleep when James fell into the bucket full of water in Kahn's Richmond Hill home. Kahn is being tried on reckless assault charges and could face up to four years in prison if convicted. More troubling is Kahn's emotional state or, better put, lack thereof. Prosecutor Leigh Bishop stated the state will produce witnesses, firefighters and police who will testify that Kahn was "calm and without emotion" in her statements after the incident. NYPD Detective Brian Simonsen testified that Kahn showed no emotion was neither sad nor frantic when she gave her written statement a mere 2 hours after the death. For more details on this case and to see a video of Kahn please see Drowsy babysitter case of Queens, New York goes to trial.

The death of this infant boy is a tragedy for his family and community. Kahn is presumed innocent until proven guilty. Day care providers not only have a legal responsibility but also a moral responsibility to comply with all legal requirements of running a child care facility. Improper licensing, or a complete lack thereof, is an extreme lack of concern for the minimum legal and moral obligations child care providers should provide.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Morganza, Louisiana, a family lost a son who was the unfortunate victim of a dog mauling by the neighbor's three Boxer breed dogs. The small town / village of just over 600 people mourned this little boy's death. In the aftermath of his death, the family along with a blogger (Holly Lemoine) launched a campaign and website called www.bloggingforblaise.com. This website contains photographs and memories of Blaise who only had four years on this earth. Despite his short life that was ended abruptly by this Louisiana dog attack. Blaise made such an impact both within his family and in the community. The website - www.bloggingforblaise.com - has valuable tips and insight for those dealing with a loss and educating children about dogs.

As an owner of four dogs, I understand the value of a pet as a companion. I also understand that there is responsibility with pet ownership. While dogs are often times very good companions, they are still unpredictable animals that can, at times, snap and attack another person or child.

If you have a moment, go visit the website - www.bloggingforblaise.com See what this blogger (Holly Lemoine) and the family have done to remember Blaise and make a difference for other children and families.

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

A 61-year-old man has been arrested on suspicion of molesting 3 girls at his wife's day care facility in Riverside County, California. Ruben Avalos was arrested while he was picking up children after school and transporting them to his wife's day care center, Carlos Family Child Care center in Moreno Valley. Avalos was suspected of molesting the girls after the initial allegations were made at Riverside County Regional Medical Centers. The alleged victims are under 14-years-old. Maria De La Luz Carlos, Avalos' wife, stated she and Avalos have been married for 13 years and he sometimes helps her run her day care business. To see more details on this story please see Husband accused of molesting girls at wife's day care center. Avalos will be entitled to an attorney and to defend himself against the accusations made against him. Victims of child abuse, whether sexual or physical, may suffer lifelong consequences resulting from the abuse. Therefore, it is imperative that day care facilities provide children with a safe and nurturing environment. Children should be encouraged to and provided the type of atmosphere that allow them to voice any concerns they have with day care workers or providers. Once suspicions are brought to light a criminal investigation will ensure, stopping the abuse or other inappropriate contact from occurring.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After the Milwaukee Journal Sentinel exposed widespread fraud in Minnesota child care facilities, the legislature took action. Many day care providers in the Milwaukee area were found to be collecting money from the State of Minnesota for "children" that they actually did not provide care or services for in the facility. Now, many children attending Wisconsin day care centers will have to be fingerprinted when they arrive to the center. In February 2011, ten scanners are expected to be installed and in July the program will be expanded statewide. Ultimately, 620 providers are expected to have scanners. The program does have skeptics. Cindy Fennessey, owner of local day care facility, says that even with the scanners, fraud would still be possible. Fennessey also says the scanners may be discriminatory because the scanners are only required for those children who receive government subsidies for their care. Read more on this story at Finger scanners to be installed at Minnesota day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

During these chilly months, families need to be cautious while operating snow blowers. According to the Consumer Product Safety Commission (CPSC), in a recent year almost 600 finger amputations were caused by the improper use of snow blowers or snow throwers. The majority of these severe personal injuries occur when operators attempt to clear snow from the discharge chute or debris from the augers with their hands. Simple prevention include fully understanding the equipment and never touching the machine while it is in operation. Yes, these machines do make our lives easier but they are still machine with fast moving parts that can inflict serious person injuries to homeowners, parents, and children. In fact, the CSPC reports that each year approximately 5,740 hospital emergency rooms-related injuries are associated with snow blowers. The agency has also reported 19 deaths associated with snow blowers since 1992, which have been caused by people getting caught in the machine and carbon monoxide poisoning. Therefore, make sure you fully understand the equipment you are working with. Parents should also inform and teach their children how to appropriately use these machines.

The CPSC offers the following tips:
- Stop the engine and use a long stick or other long device to unclog the machine.
NEVER use your hands.
- Always keep you hands and feet from moving parts.
- Never leave the machine running in an enclosed area.
- If you have an electric snow blower, be aware of the power cord at all times.

To read more on this topic please see Snow blowers can be more dangerous than others think, Practical safety tips.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

As 24-year-old aspiring actress was arrested in Canada after the woman allegedly abducted a 1-month-old baby girl. Michelle Marie Gopaul, of New York, is accused of faking a casting call for babies in an elaborate scheme to abduct an infant. She remains in a Canadian jail and faces charges of abduction of a minor, according to Toronto police. After moving to Canada, Gopaul allegedly placed an advertisement on the popular internet website Craigslist offering $15,000 for a newborn to acting in a Bollywood-style film. She posed as a casting director and waiting in a Toronto building for the parents to arrive. Gopaul allegedly abducted the infant after the child's mother let Gopaul take the infant into a different room. Gopaul fled with the child in a taxi. Luckily, the baby girl was found unharmed a few hours later. Gary Batasar, Gopaul's laywer, stresses who presumption of innocence and says there is no evidence at this point that shows Gopaul did anything wrong. To read more on this story please see Infant abducted after woman places fake ad on Craigslist.

Fortunately, this child was not harmed or killed in this incident. Gopaul is entitled to an attorney and to defend herself against the charges pressed against her. Sometimes websites such as Craigslist can be advantageous to some consumers. However, people using these sites should always keep in mind that fraud and misrepresentation are committed by many people who use Craigslist and / or other technology as a springboard for their crimes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Minnesota mother is demanding answers after her sun ran out of 2 day care centers, two days in a row. The incidents occurred on November 4 and 5, 2010. Two-year-old Ryker Hacker walked right out the front doors two separate Southern Minnesota day care centers. Jackie Downing, Ryker's mother, said she was referred to day care provider Rosemary Marquette from her neighbor. On Ryker's first day, Marquette said she briefly turned her back to help another child when Ryker suddenly went wandered off. Marquette said she did what any other parent or adult would do and started searching form him on her own. However, police say they did not receiving a call from Marquette reporting the child missing. In fact, police received calls from concerned citizens after they saw Ryker in the middle of a busy street, 45 minutes after the child went missing. After much persistence, Downing successful in charging Marquette with a criminal misdemeanor charge of child neglect. The second incident occurred the very next day at Caring Arms day care facility in Nicollet, Minnesota. Sonja Shay, director at Caring Arms, says the center called police and found Ryker walking towards his home a short time after he went missing. To read more on this story please see Two-year-old boy wanders out of 2 different day care centers, 2 days in a row.

Supervision is key when caring for children. Children are curious and will wander off the moment they get the chance to do so. A key way to prevent children from harm is to maintain constant, tireless, incessant supervision.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents seem to be unaware of the substantial number of personal injuries children sustained in their own home. Children are naturally hyper and, as a result, like to run, leap, climb and jump all over the house. A number of these household injuries send children to the emergency rooms. One of the most common injuries occur from children jumping on beds. Although, "no jumping on the beds" is a common household rule, many parents do not realize that child personal injuries also occur from children engaging in other playful activities. For example, many children hit their heads on dressers or nightstands because they were jumping or leaping around the furniture. Children sustain serious lacerations to their head or other parts of their bodies that require medical attention. Another common youth personal injury seen by doctors is hematomas - a collection of blood between the outside of the bone and skin (nicknamed as an "egg" by most doctors). Television sets are another major contributor to childhood personal injuries. Televisions are getting bigger and bigger and are toppling over on children more frequently. In fact, the United States Consumer Product Safety Commission estimates over 14,000 emergency room visits by children ages 5 and younger caused by TV injuries. Finally, a common personal injury seen in older children are serious head injuries that are the result of them falling from book shelves or other climbable objects. These types of falls can cause "closed head injuries" which mean bleeding internally and around the brain. The key to keeping your child out of harm's way in your home is constant supervision - endless, incessant, tireless supervision! If you would like to read more on this topic please see Common household injuries - Things parents need to know.

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

According to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

Children are inherently curious and do not always understand the dangers of their surroundings. It is an adult's and other responsible person's responsibility to lock away all poisons or other toxic chemicals - this is applies to the home as well as day care centers and schools. It is common for children to ingest cleaning products or other toxic chemicals because of brightly colored packing and designs. To read more on poison control around the home, school and day care facility please read Dishwashing Detergent Capsules Pose Risk for Children.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Archdiocese of Milwaukee, Wisconsin, publicly stated it would filed for bankruptcy in the midst of pending child abuse lawsuits. According to Archbishop Jerome Listecki, the reason for filing for bankruptcy was because the pending sexual-abuse lawsuits could leave the archdiocese with debts it could not afford. However, one lawyer claims it is a delay tactic being used by the church to avoid opening its records to public scrutiny. In fact, Jeff Anderson, an attorney of St. Paul, Minnesota, who has filed 23 lawsuits against the church, stated he thought the bankruptcy filing was done to delay his deposition of Milwaukee Bishop Richard Sklba. Anderson and his clients have been pushing the archdiocese to make public the names of the priests accused of the sexual child abuse and the church officials who protected them.

The tactic has also been used by other archdioceses who have filed for bankruptcy on the eve of trials or major depositions. The Milwaukee archdiocese is the eighth in the United States to seek bankruptcy protection since the clergy scandal took off in 2002. The pending lawsuits include allegations against six priests. Amongst these priests, one is accused of abusing around 200 boys at a suburban school for deaf students from 1950 to 1974. To read more on this story please read Archdiocese of Milwaukee files for bankruptcy in the midst of sexual child abuse lawsuits: Justifiable or Delay Tactic?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The U.S. Defense Department picked the Virginia Star Initiative and other state programs that assess child care centers and list their results to help military parents searching for day care facilities. These programs have proved to have far-reaching benefits, improving day care centers nationwide in teaching and quality standards. The Virginia Star Initiative works with Smart Beginnings Greater Roanoke, a nonprofit, with the state on the program. The process: Smart Beginnings evaluates an individual child care facility then evaluates the facility. It follows up with training and funding. The facility is then rated by the Virginia Star Initiative. Centers that volunteer for the program are given two additional years of support so they can continue to improve. One star shows the center has exceeded the minimum standards of state licensure and expectations. Five stars in perfect. A four star program, for example, represents a day care center that far exceeds the state minimum in teacher training, class size and classroom environment. Centers are initially hesitant to undergo the evaluation. However, if day care providers learn the benefits of monitoring their day care facilities will improve dramatically. In fact, the day care centers that did undergo the process improved 50%-60% from their initial evaluation.

The U.S. Defense Department picked the Virginia Star Initiative plus a dozen other states in its pilot project. Also, at least 28 states have a quality rating system for day care facilities in the respective states. The goal and focus should not be on the star rating, but to improve the quality of child care centers nationwide. To read more on this topic please see Rating system for child care centers has far-reaching benefits.

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

Police officials in Baker, California, have arrested a former day are worker in connection with the October 2010 death of a 2-month-old baby at a local day care center. 22-year-old Ashley Rene Reifer was arrested and charged with one count of second-degree murder and one count of cruelty to a juvenile. The autopsy of Brody Hopper revealed that Brody died of traumatic brain injury or Shaken Baby Syndrome, said Police Chief Make Knaps. Reifer worked at Busy Bee Learning Center in Baker, California. According to investigators, Brody was in her sole care on the day of his death.

The death of this infant is a tragedy for his family and community. Reifer will be entitled to a criminal defense attorney or the services of the public defender's office Children in day cares must always be handled with patience and care. State legislatures are enforcing stricter screening requirements for those who intent to work at day cares. Hopefully, this stricter requirements will make day care centers safer for children. If you would like to read more on this story please see Former day care worker arrested and charged after autopsy results reveal death of 2-month-old infant caused by shaken baby syndrome.

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

After being interrogated for almost 10 hours, Melissa Calusinski confessed to fatally slamming a toddler on the ground at the Lincolnshire, Illinois, day care center where she worked. Despite confessing, the 24-year-old day care worker pleaded not guilty to first degree murder of the death 16-month-old Benjamin Kingan. The fatal confrontation occurred back in January 2009. The tapes show Calusinski vehemently dying having anything to do with or know what caused Benjamin's death at first. After almost 4 hours into the questioning, Calusinski suggested that Benjamin could have caused his own fatal injuries after he violently threw himself backwark to the floor, audibly hitting his head. She changed her story again and told interrogators that it may have something to do with the fact that the toddler hit his head while she was removing him from a chair. Finally, Calusinski admitted to interrogators that "the kids were driving [her] up the wall." Finally, she admitted to throwing Benjamin to the floor. The judge in the case is expected to rule on whether or not to suppress the video-taped confession. If you would like to read more on this story please see Day care worker confesses during videotaped interrogation to fatally slamming 16-month-old toddler.

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

Local officials are investigating a car crash involving a car crashing into a home in Holley, New York. When police arrived to the scene, they found the car already inside the home. Officers had to assist the passengers out, as the vehicle had struck a gas meter and gas was leaking onto the air. The car was being driven by a 26-year-old female driver and occupied by a 6-year-old and a 6-month-old child. The female driver sustained personal injuries to her head, back and leg. The 6-month-old was placed in pediatric intensive care and sustained personal injuries to the head and leg. The 6-month-old infant was treated and released. According to officials, the vehicle went off the roadway, struck a power pole and then struck the home. Car crashes can be extremely harmful and sometimes fatal. It is important during this time of year, when weather conditions are not favorable for driving, for drivers to stay alert and keep their focus on the road. Hopefully, both children were properly retrained in the vehicle - the toddler in a car seat and the 6-year-old also properly retrained inside the vehicle depending upon the child's height and weight. If you would like to read more details on the crash please see Driver and 2 child passengers sustain personal injuries after crashing into New York home.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents how now heard about the recall on drop-side cribs. If not, drop-side cribs were deemed unsafe by the Consumer Product Safety Commission and voted unanimously to ban them. It is estimated that it will take almost $600 million dollars to replace the cribs. Although the ban is effective immediately against retailers who are no longer allowed the sell the cribs, the ban is not effective immediately against everyone. What most parents are probably unaware of is that the agency is giving day care centers and hotels 2 years to replace the cribs. The agency views many day care facilities as small businesses and therefore wants to give the businesses an adequate amount of time to produce the money in order to purchase new cribs. (As a side note, the average day care replaces their cribs every 10 years!) Now, some cribs have stood the test of time and were used for multiple children in families. However, those families properly maintained the cribs as well as did quality work if the crib needed to be fixed. This cannot necessarily be vouched for at hotel daycares and other day care facilities. Therefore, it is important parents to ask questions about the cribs at day cares: How old are the cribs being used? Is the crib a dropside crib? When were the cribs last replaced? These are all pertinent and perhaps life-saving questions for your infant or toddler. If you would like to read more on this topic please see What crib day your day care used? Has is been recalled? Are the Cribs at Your Daycare on the Recall List?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Facebook and the Internet are wonderful tools and toys to play with; however, Facebook and the Internet can also serve as a deadly distraction to parents and child care providers. In Fort Lupton, Colorado, it was a reported that a 13 month old child died in his home's bathtub while his mother was playing a Facebook game on her laptop computer. Many parents and child care providers do not realize that a child can drown in a small amount of water and in a short period of time. An infant / toddler should not be left alone in a bathtub even for a short period of time. Whether it is the Internet, a telephone call, food cooking, or another distraction, leaving a child alone or unattended in a bath tub can and does cause serious personal injuries and in some instances death. Affidavit: Mother Was on Facebook While Son Drowned.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lawrence, Kansas (Douglas County), Richard Gonzalez was convicted of the crimes of
aggravated criminal sodomy and aggravated indecent liberties with a child. The criminal trial involved the crucial testimony of the child victim. As pointed out by Charles Branson - Douglas County District Attorney, the child's testimony was a very important part of the case brought against this 68 year old man. The sentence for this man could range from 25 years to life in prison.

When selecting a day care center, it is important to know who is running the day care center and what other persons will be near the children in the day care center. In this case, Richard Gonzalez was the father of a woman who was running a day care center out of her own home.

It is most unfortunate and tragic for that matter that child are abused in the very environment that should be a safe haven and center of learning for the child. Most day care centers are well run and operated by caring individuals who do look out for the best interest of the child. Other day care centers, however, take advantage of children and put the interest of the operators and employees over that of the children. You can read more about this story at Man, 68, Convicted In Day Care Sex Assault - Richard Gonzalez Touched Girl At Daughter's Business.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The State of Arizona Child Fatality Review Annual Report is a study that will be reviewed by public health officials, medical providers, child safety advocates, parents, educators, and others to determine modes and methods to prevent and reduce the number of child deaths in the State of Arizona. While it is unrealistic and impractical to prevent all deaths, the study of prior deaths may help the State of Arizona as well as private entities implement safety measures and precautions to prevent future deaths of child. It is estimated that over 30 % of the deaths reported in Arizona in the years of 2008 and 2009 were preventable. Most of the deaths of children ages 15 to 17 were non-medical in cause and nature. Home related deaths included those related to falls, drowning, and sleep environment related deaths.

It should be noted that one death can and does have an incredible impact on the family, neighborhood, and community. Hopefully, the study of the tragic death of children can help save and protect other children in the future. You can read more about this story at Arizona Child Fatality Review - Study to Help Prevent Deaths and Injuries to Children in the Future.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many parents are concerned with their child's growth - many wonder if their child is growing at an average rate. However, many healthy children come in a wide variety and shapes and sizes. Parents should understand that it is acceptable if their child is not the same size as their friend's children or their other children at comparable ages - children do not grow at steady rates.

A child's growth can be affected at many stages in the child's life, such as birth, infancy (a child's first two years), childhood, and puberty.

At birth: A child's growth is based partly on genetics. In general, newborns are typically smaller than other children due to size of a woman's uterus, boys are larger than girls, and multiples are typically smaller. Environmental factors that can affect a baby's growth include the mother's weight and weight gain during pregnancy, the mother's caffeine intake, and whether or not the mother has a chronic illness (i.e., diabetes).

During the first two years: A baby's growth is based on his/her birth size and how big the baby is genetically programmed to be. Thus, a small baby programmed to be a large child will grow faster than a big baby who is programmed to be a smaller child.

Childhood: Children will experience many instances of rapid weight gain and growth spurts. These will vary between children and the individual growth spurts in a specific child will also vary, some spurts being more dramatic than others. Although it is unknown what causes growth spurts to occur one month and not the next, doctors and scientists do know what triggers growth in the first place: the human growth hormone. Although HGH is produced throughout the day, it is produced in large quantities during one's sleep, that is why is it critical for children to get as much shut eye as possible.

Puberty: After infancy, the teen and tween years are the periods for most rapid growth. The period generally occurs in girls between the ages of 10 and 11 and lasts until 15. For boys, it generally occurs about two years later and lasts until age 17.

If you would like to read more on this topic please see Child Growth Charts.

Also, if you would like to read for warning signs and see a comparable growth chart, click here.