Child Injury Lawyer Blog

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

In Kansas and other states, children in day care centers are often times put at risk by unsafe day care center drivers. Some of these drivers even choose to drive while under the influence of alcohol or drugs. In Witchita, Kansas, a former day care owner was charged with driving under the influence. She later pled no contest to the charges. Police were tipped off as to the owner's intoxication by day care center workers who say the owner leave with children in a day care center vehicle. The day care center workers were concerned and contacted the police. Fortunately, no children were harmed by the reckless conduct of the day care owner but her actions certainly put the children in the vehicle at risk. In addition, any other drivers / passengers, pedestrians, and bicylists in the area of the day care center owner's driving were also put at risk. You can read more about this story at Former Day Care Center Owner Guilty of DUI Charges.

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

Despite the fact that most medical experts, including the American Academy of Pediatrics, believe that it might be dangerous to treat Autism with Marijuana, Mieko Hester-Perez decided to go ahead and do it anyway. Medical experts caution against this type of treatment because a young child’s brain is still developing and there is no way to predict the effects of such a treatment. But Ms. Hester-Perez was desperate to help her Autistic ten year old son, Joey, who weighed only forty eight pounds and was extremely aggressive. She was afraid he was going to die of malnutrition. So she fed him brownies laced with marijuana.

Ms. Hester-Perez, a California resident, was not violating the law; she had found several stories on the web about the benefits of Marijuana to Autistic children, and convinced her son’s psychiatrist to write a prescription for medical marijuana. Medical marijuana is legal in California. Ms. Hester-Perez reports that her son’s condition has improved since she started the treatment. But medical experts still caution that this treatment might be worse than the disease.

Parents of children with Autism are often desperate to help them. This can lead them to believe unscientific and even downright spurious reports on the internet. While parents should keep up to date with the latest research, it is also important to make sure that they listen to the advice of their physician and always follow the law in their state.

Find out more about this story at Mother Says Marijuana 'Saved Life' of Autistic Son.

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

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

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

In Georgia and other States, the legal drinking age is 21 years old. Many child safety advocates are in favor of such age restrictions. Teenagers and young adults lack good judgment when it comes to the safe consumption of alcohol. This is especially true when teens and children drink and drive. The Atlanta Journal Constitution reported that a 19 year old was found dead in his basement. It is suspected that the death may have been alcohol related. Tragically, this 19 year old is one of many children, teens, and young adults who die or suffer seriously personal injuries. Alcohol related poisoning is a real danger. Education, common sense, and parental supervision can go a long way to help reduce or limit the number of alcohol related poisoning incidents in Georgia and Other States.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of an 18 year old freshman from the University of Delaware resulted in the suspension of a fraternity (Sigman Alpha Mu) and a fine of $50,000. Delaware Online reported on this story. The case was pursued by the Delaware Attorney General's office. The prosecution of hazing and drinking incidents on college campuses like the University of Delaware is very important for the safety of college students. Unfortunately, incidents of alcohol poisoning and alcohol related personal injuries and deaths continue to take place on or near college campuses every year. Fraternities can be a place of great fun. They can also be a place of great irresponsibility and danger. Alcohol poisoning is a very serious medical condition that requires medical attention and treatment. Without timely medical attention, serious personal injuries and even deaths result. Brett Griffin's life ended at 18 years of age as a result of alcohol poisoning. Students, administrators, teachers, and, yes, even parents should do their best to educate others about the dangers of alcohol.

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

Seventeen year old Lars Haas had allegedly been drinking and smoking marijuana when he ran a red light and plowed into a truck. The driver of the truck, seventy one year old Robert Meehan, was ejected from the truck and died from his injuries. The boy was driving his mother's, Susan Haas’s, car at the time of the accident, but that is not all that his mother allegedly gave him: she has been charged with providing alcohol to Haas and some of his friend’s before loaning the boy her car. Ms. Haas was not in the car when the accident occurred. Police have reported that Haas’s blood alcohol level was over the legal limit for the state of New York, and that he had marijuana in his system as well. He has been charged with aggravated vehicular homicide and driving while intoxicated (DWI) among other charges. Ms. Haas has been charged with furnishing alcohol to a minor.

The legal drinking age is twenty-one for a good reason. Teenagers are strongly affected by alcohol, and their already poor judgment is made even worse when they are under the influence. But children are not the only ones whose judgment is impaired by alcohol; that the child’s mother was supplying her son with alcohol is reprehensible, that she then loaned him her car when he was intoxicated is inexcusable. Their combined poor judgment has cost a man his life. The full story is available at Teen, mom arrested in fatal New York DWI accident .

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, there is a consistent problem with DUI incidents. Tragically, many DUI incidents cause serious personal injuries and even death of innocent people and children. In every DUI incident, there is a danger or risk to any children who is in the vehicle or near the vehicle as it is being driven. Parents especially should consider the best interests of the child when getting behind the wheel. The safety of the child should always take precedence over the convenience or selfishness of the parent especially when it comes to drinking and driving. In West Hennepin, Minnesota, a mother was arrested after a complaint was called in about her driving to the West Hennepin Public Safety Department for poor driving. When police attempted to stop or pull over the driver (Monica Say - age 29) - she refused and kept on driving another 4 to 5 miles. Along this dangerous drive, the chase and / or Ms. Say's driving almost caused other automobile accidents. It was later determined that Ms. Say's blood alcohol level (BAC) was .17 which amounted to in excess of two times the legal limit in Minnesota. Ms. Say was transporting two children during this dangerous drive who were 4 years old and 2 years old. The news report also stated that Ms. Say was in possession of marijuana and an open bottle of rum in a diaper bag. Ms. Say was arrested at the scene by the police. You can read more about this story at Mother Charged with DUI and Fleeing Police in Minnesota.

This story portrays an extremely bad example of parenting. Everyone knows that drinking and driving do not mix. It can also be said that drinking and good parenting do not mix at all.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A sixteen year old girl with no driver’s license and a borrowed car drove into a tree outside the Wagon Wheel Mobile Home Park in Alamosa, Colorado. She had three other teenagers and two small children, aged 20 months and 4 years, in the car with her at the time. The car had been borrowed from a relative of one of the passengers. The girl is expected to be charged with drunk driving (DUI), driving without a license and criminal negligence resulting in the injury of a child. The driver is claiming that a steering malfunction caused her to miss the turn she was trying to make into the park, and sent her into the tree instead.

Teen drinking and driving is unfortunately an all too common occurrence. Teenagers and adults alike often lack good judgment when drinking alcohol. Teenagers, however, are less likely to know their own limits and do stupid things while under the influence. There is no doubt that this young woman put her life and the lives of her passengers at risk by driving her car in such a condition. You can read more about this senseless accident at CHILDREN, TEEN INJURED IN ACCIDENT.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nancy Owens and Vanessa Ramirez were at a birthday party together, where both have admitted to drinking. Ms. Owens reportedly allowed Ms. Lopez to drive her three children home, even though she admitted to police that she was aware Ms. Lopez was "drunk."

Police pulled Ms. Lopez over after seeing “something” fall from her car while she was driving it. It turned out to be a child. The car was carrying ten people at the time, including seven children, none of whom were properly restrained. A witness from the party said that he saw two other children fall out of the car as Ms. Lopez was leaving the party. The three children who had fallen out of the car were all rushed to the hospital, one of them (Ms. Ramirez’ child) is still in critical condition.

Ms. Lopez admitted to officers that she had been drinking beer at the party, and there was an open bottle of beer in the car. She refused a sobriety test. She has been charged with seven counts of child endangerment, drunken driving, driving with a suspended license, driving without her headlights on and having an open container in a vehicle. Ramirez has also been charged with child endangerment for putting her kids in that car. All of the children have been removed from the care of their parents.

This case shows the dangers of alcohol, not just when driving, but when making important choices about the health and safety of children.

Find out more about this story at Police: Mother Left Kids With Drunk Driver.

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

Daycare owner, Shannon Veradt, of Taunton, Massachusetts, was allegedly found passed out on the second floor of her home while the children she was supposed to be caring for were unattended downstairs. Her own mother had called the police because she believed her daughter was drunk and she was worried about the children. Ms. Veradt admitted that she had been drinking, saying she was stressed from her marriage. This day care owner showed “poor judgment” but is being allowed to reopen the daycare center.

It seems shocking that this woman, who allegedly has a serious problem with alcohol, will be allowed to reopen her daycare center and take care of children. At least one parent was quoted as saying that she will not be returning her child to Ms. Veradt’s care. This just highlights how important it is for parents to thoroughly check out child care centers and child caretakers before entrusting their children to a relative stranger.

Find out more about this story at Daycare provider able to re-open after drinking on job.

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

It took less than one hour for a Tulare County jury to return a guilty verdict in this shocking California case. Nancy Ortiz, 24, of Orosi, California was found guilty on second degree murder and felony child abuse charges after she abandoned three of her children.

Two of the children were found alive and have been placed in foster care. The third died of exposure and was found in the bed of a pick-up truck. She was also convicted of misdemeanor child abuse after another of her children was found wandering the streets alone in nothing but a diaper. Ortiz will be sentenced on December 9th, 2009, and could serve over 22 years in prison for her actions.

You can read more about this sad case at Orosi mother who abandoned 3 infants found guilty of 2nd-degree murder in 1 child’s death.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Common household items can be quite dangerous to children who have a poor safety awareness. Hand sanitizer liquids can be quite dangerous to children due to the high alcohol content of these products. A review of most hand sanitizers will reveal that the liquid has a high percentage of alcohol in the product. As such, a simple product like hand sanitizer liquid, lotion, or soap can cause serious personal injuries and even death to a child who ingest or swallows the product. Because of these dangers, parents, caregivers, teachers, and day care center employees should take that extra effort to keep sanitizers in a safe location and to monitor children while using this product.

The dangers of this product were reported by Dr. Sanjay Gupta - Medical Correspondent with CNN News. In addition, a medical article was published by a doctor who studied the dangerous effects of ingesting hand sanitizer liquid by an alcoholic adult who was admitted into a hospital. You can read about this case study at Mayo Clinic Proceedings - Intentional Ingestion of Ethanol Based Hand Sanitizer by an Alcoholic Hospitalized Patient.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Philip Blake Putnam, 22, was charged with aggravated child abuse after his son was taken to the hospital with a broken arm. While the baby is still in the hospital and is showing signs of improvement, Putnam remains in jail. According the Lawrenceburg Police Chief, after arresting Putnam, he discovered that the man was wanted under several active arrest warrants for drug-related charges in another county.

It is sad to think that a father, no matter what his substance abuse problems, would lash out at an infant in this way. It is also sad to realize that if the police had been able to find Putnam and arrest him on the drug-related charges, his son might have been spared the physical abuse from his father. Parental abuse is devastating for young children, who suffer emotional, physical and psychological scars for the rest of their lives.

If Putnam is found guilty of aggravated child abuse, he could face up to 30 years in prison for the crime.

You can read more about this story at 4-month-old with broken arm improving.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children suffer unintentional injuries at home every day. A common every day object like a knife, lighter, and even a television can be very dangerous in the hands of a child. Parents, caregivers, and homeowners who have child visitors should take safety precautions to make the home safer for children. Simple steps can be taken that can help prevent / avoid serious personal injuries to children. Safety measures that can be taken for little to no cost include the following:

*Secure heavy furniture to the wall;

*Remove objects that can fall from tables or bookshelves;

*Keep sharp objects like knives and tools out of the reach of children;

*Remove colorful objects or toys from high dressers or bookshelves
(Do not give children a reason to climb up on furniture);

*Keep lighters and other flammable objects from the reach of children;

*Lock or otherwise safeguard poisons, chemicals, alcohol, and medications away from children;

*Lock or otherwise secure lawn mowers and other power tools / equipment; and

*Lock, fence, and otherwise secure all pools, spas, and waterways.

These and other safety precautions can help avoid serious personal injuries and death of innocent and curious children.

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

In Albany, New York, a bar owner backed a vehicle out of her driveway into a day care center. Marion Albert (age 77) backed out of her drive way, jumped a curb and then crashed into a day care center. A 15 year old girl was injured and suffered a fractured leg. Two other people (a 21 year old in the day care center and a one year old) suffered minor injuries. Fortunately, most of the children enrolled in the day care center were on a field trip at the time of the crash. Ms. Albert was charged with reckless driving, aggravated vehicular assault, felony driving while intoxicated, and endangering the welfare of a child. You can read more about this story at Bar Owner Backs Vehicle into Albany, New York Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Topeka, Kansas, a toddler recently died from severe head trauma / personal injuries when the child was hit by a vehicle in a driveway. Further investigation by the Topeka Police Department revealed that the child was run over by Raul A. Retana-Vasquez, age 25. Mr. Retana-Vasquez was later arrested for Involuntary Manslaughter and Driving under the Influence of Alcohol.

Driveways can be very dangerous areas for infants, toddlers, and children. It is vital that drivers are paying attention, driving slowly, and NOT under the influence of alcohol or drugs. It is a tragic loss for this toddler, the family, and the community. You can read more about this story at Toddler Dies Following Being Run Over in Driveway in Topeka, Kansas.

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

A tragic automobile accident took place in Wadsworth, Illinois. A 24 year old mother (Nicole Polk) was driving with her two children, ages 1 and 2, on Interstate 94. Police reported that Ms. Polk crossed into the northbound traffic and caused a crash with another vehicle. Ms. Polk and her one year old child died as a result of automobile accident related personal injuries. Alcohol was found in Ms. Polk's vehicle. A full homicide investigation will be conducted to determine if alcohol and other factors were the cause of this tragedy. You can read about this story at Wisconsin Mother and Infant Die in Illinois Automobile Accident.

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Onslow County, North Carolina, there were almost 200 juvenile arrests made for drug related charges according to the Onslow County (Jacksonville, North Carolina) Sheriff's Office. In 2009, the arrests for drug related charges continue. Many law enforcement officials throughout the country attribute a rise in juvenile drug use and arrests to the availability of prescriptions drugs in the homes of the children. If children have access and there is limited supervision, prescription drugs are then available to the children to use, abuse, and sell. Parents, guardians, and caregivers should be diligent in safeguarding all prescription drugs in the home. Children do not understand the dangers of drugs and often times mix up drugs. In Onslow County School for the 2007-2008 school year, there were 70 incidents involving controlled substances.

Education about drugs should begin at home. Parents should use their best efforts to know what their kids are doing and try to avoid a problem with drugs before it even begins. Yes, this is somewhat simple advice; nonetheless, many parents unknowingly have children with drug problems. Many of the drug and alcohol problems began at home with a parent who did not safeguard these dangerous substances.

You can read more about this story at Prescription Drug Abuse Among Children in North Carolina and Other States on the Rise.