Child Injury Lawyer Blog

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

In Virginia, families of children with autism had succeeded in getting a new bill into the House that would have required many health insurance providers to cover a treatment called “applied behavioral analysis.” But businesses and insurance companies claimed that the costs of the bill would hurt business interests in the state.

Despite the fact that an actuary who studied the financial implications of the bill reported that it would only increase insurance costs by .2% across the state, the bill did not make it out of the Virginia House Commerce and Labor subcommittee. The families in favor of the bill blamed heavy lobbying by the insurance industry for the failure of the bill to reach the House floor. Legislators pointed out that many businesses are already at the breaking point financially and that adding costs will only make things worse.

Applied behavioral analysis is considered by many autism specialists to be the best hope for autistic children to lead normal lives. But the treatment can cost thirty thousand dollars a year or more; a sum that is out of reach for most middle class families. Virginia is one of thirty five states in the US that do not require insurance companies to pay for the treatment.

Find out more about the failure of the proposed autism insurance mandate in Virginia at Va. Panel Kills Autism Treatment Coverage Mandate.

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

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Oxytocin has long been called the “love hormone,” primarily because it is released at childbirth and during sex to aid in human bonding. It is now being used in the United States in a trial on young people with Autism spectrum disorders. Autism is a disorder that is marked by anti-social behavior and repetitive behaviors.
Dr. Eric Hollander, the Advisory Board Chairman for the International Center for Autism Research and Education and Chairman of Psychiatry at the Mount Sinai School of Medicine at the Albert Einstein College of Medicine, believes that giving oxytocin to Autistic persons may improve social skills and cut down on repetitive behaviors. He believes that the hormone therapy will be effective despite the age of the patient.

In the study, Autistic patients who were given oxytocin nasally for twelve weeks reduced their repetitive behavior and were able to identify moods in other people based on their tone of voice. Similar results were seen in the group that took oxytocin by injection. This new use for an established hormone may provide hope for parents of children with Autism.

Of course, use of drug therapy on the complicated disorder known as Autism has varying results. In addition, experts often time express different opinions as to the effectiveness or lack of effectiveness of certain drug therapy and other efforts aimed at common behavioral and social components of Autism.

Read more details of the study at 'Love hormone' may reduce autism symptoms.

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 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 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 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 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

This past February, the United States Court of Federal Claims in Washington, DC handed down decisions in three test cases concerning childhood vaccinations and Autism. Their ruling was that vaccines, specifically the MMR vaccine and any vaccine with Mercury-based Thimerosal as a preservative, do not cause autism. The decision came after nearly ten years of debate and accusations between parents of autistic children and the makers of the childhood vaccines parents believed caused their children’s autism.

There is less than medical certainty as to the causes of Autism and the dangers of certain vaccines. Many conclusions are yielded from data and studies that are limited in their scope, depth, and population.

Everybody can and should agree that Autism is a very real medical challenge that parents have to deal with every single day. Hopefully, medical studies and research will continue to try to find the cause or causes of Autism and some form of treatments and improved therapies for Autism.

Find out more about this story at Why Does the Vaccine/Autism Controversy Live On?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Tiffany Williams’ autistic six-year-old son, Dante, did not return home from school one Wednesday afternoon, she called up the Carter and MacRae Elementary School, where Dante attended, to find out where he was. A bus driver, who was not the driver of Dante’s bus, brought the child home unharmed. That driver told Ms. Williams that Dante had been found, sound asleep, on the bus he was taking home from school that evening. Dante’s driver apparently failed to make the required check of the bus seats at the end of the route, and did not realize that he had not brought Dante home.

The Lancaster County, Pennsylvania school district has called this an “unfortunate incident” and has fired the negligent driver. The remaining drivers were given a refresher course on company bus driving protocol, emphasizing the check of the bus seats when dropping children off at school in the morning and at the end of the route in the evening.

While this story had a happy ending, leaving a child unattended in a vehicle can be fatal. In 2008, there were 42 reported deaths of children resulting from being left in cars and other vehicles. Heat stroke can kill a child in a matter of minutes on a hot day. Hopefully the extra training for the other bus drivers in this case will prevent this type of event from occurring again. Find out more about Dante and his ordeal at Autistic boy left on school bus; driver fired.

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

Monique Manjarrez was recently called to pick up her twelve year old autistic son, Jeremy, from Kachina elementary School in Peoria, Illinois. Ms. Manjarrez was told by school administrators that she should pick Jeremy up because he had fallen and hurt himself while in the bathroom with a classroom aide. But when she saw Jeremy’s face, she felt he looked more like he had been beaten, with swollen and bruised eyes and a large bump on the back of his head.

Because of Jeremy’s autism, he can’t communicate to his family what happened. Ms. Manjarrez took Jeremy to the local emergency room, where a doctor told her that it looked like her son had been punched in the face. Photos taken just after the incident reveal sever bruising on the child’s face. Ms. Manjarrez reports that she has made complaints before against the aide who was with Jeremy in the bathroom when the injuries occurred, and she is sure the aide struck her child. She claims that she had previously asked the school not to leave Jeremy alone with the aide because she felt he was angry and aggressive.

The Glendale Police Child Crimes Unit is investigating the incident, and the Peoria school district is conducting its own internal investigation. The aide in question is still working with other children in the special needs classroom. Jeremy’s family has removed him from the school. All children everywhere deserve to be safe and cherished at school and at home. When special needs children are abused, it can be difficult to find out what really happened if they have limited communication abilities, as Jeremy does. Parents of special needs children are their child’s best advocate, and should watch out for physical and emotional signals of abuse.

You can read more about Jeremy and his family’s plight at Peoria family blames classroom aide for autistic son's injuries.

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

The Centers for Disease Control and Prevention have estimated that one in 150 children in the United States has some form of Autism. In Massachusetts that number is closer to one in 132. In the State of Massachusetts, autistic children under the age of three are currently are eligible to receive 40 hours of therapy through the Massachusetts Department of Public Health's early intervention services. But after that, the family is entirely dependent on their local school district. For children who need more help than the school district can provide, the family is on their own to find and pay for needed services.

Massachusetts State Representative, Barbara L'Italien, D-Andover has a nineteen year old autistic son, and has introduced a bill to the Massachusetts State Senate that would require insurance companies to cover treatment for Autism at the same level as for other ailments. The bill is part of a nationwide campaign by Autism Speaks, an autism advocacy group, to improve services for autistic children.

According to L'Italien, her son’s medical needs are just as real as those required for other, covered services, such as treatment for her daughter’s asthma.

Autism Speaks has commissioned a report in support of this bill and others like it; it shows that extending autism coverage to all insured persons would increase premiums by less than 1% annually, or about $40 per person covered. The report did indicate that the rate of increase is difficult to figure.

Opponents say that any increase is too much in a down economy, and that it would place a burden on small businesses. They add that only Massachusetts residents insured by state licensed insurance companies would benefit from the bill – about half of the population of the state. The bill’s proponents say that the bill would ease budget pressure on the state’s schools, which often provide the bulk of services to children with autism.

The bill has more than 100 co-sponsors, and supporters are optimistic that it will pass. That would make Massachusetts the 16th state in the US to require insurance to pay for autism treatments. Find out more about the bill and the plight of autistic children in Massachusetts at Bill seeks coverage for autism services.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taking care of a child with disabilities can be overwhelming. For many parents, that means they are unable or otherwise neglect planning for their child’s financial future. There are nearly 5 million children in the United States suffering from disabilities, and advanced healthcare technology allows many of them to outlive their parents. If the parents fail to plan for the care of their child after their own passing, that can place a heavy burden on other family members or may leave the child without any support at all. That makes the need for financial educational and planning resources for this group more critical than ever.

Planning for a special needs child’s future can be very complicated, requiring expertise in a variety of federal and state laws. The good news is that the high demand for these services in recent years has prompted many well-respected financial planning firms to develop programs especially for families with special needs children. Many businesses / programs / organizations train their employees to deal with the financial, legal and emotional issues of planning for a special needs child’s financial future. They may enlist the aid of an attorney, an accountant, and even social workers and other caregivers to create a well-rounded plan.

Parents should seek guidance in these matters as early as possible in order to avoid making costly mistakes. Find out more about financial planning for special needs children at Children with special needs face uncertain financial future.

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

Consumer Watchdog has filed a lawsuit alleging that California state insurance regulators allow insurance companies to deny necessary treatment to autistic children in violation of state law. The lawsuit seeks to compel the California Department of Managed Health Care to order health plans in the state to cover applied behavioral analysis (ABA) for autistic children if it is deemed medically necessary and is appropriately administered. A Los Angeles Superior Court Judge, James Chalfant, has ruled that the case may proceed to trial.

ABA is a therapy that teaches children how to eat, play and learn. It can cost more than a thousand dollars a week, and most California health insurance companies consider it “educational therapy” and decline to cover it. The case may ultimately hinge on the definition of a licensed provider. You can find out more about this impending case at Suit challenges state's autism practices.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diane Stephenson, a Pfizer researcher, has two nephews and a niece who suffer from Autism. Her colleague, Howie Mayer, has two children of his own with Autism. The two have worked together at Pfizer to create a research unit that focuses on curing the disease. Stephenson believes that recent advances in genetic studies of Autism have made this the opportune time to start the research unit. They were given permission to start the unit despite the fact that Pfizer has been downsizing of late.

Autism is a neurological disorder that can cause language difficulties, behavioral problems, and poor social skills. It is believed to be caused by genetic and environmental factors. The disorder is believed to affect 1 out of every 10 children, 5 times as many as was believed only 12 years ago. The Autism Society of America has lauded Pfizer’s efforts, saying that Pfizer is the only large pharmaceutical company to have a research unit devoted exclusively to autism. Others in the industry believe that Pfizer may have existing drugs that could be used to treat Autism, and the new unit will be able to identify them faster.

The attention that Pfizer is paying to this disease is encouraging. Hopefully they will be successful in treating the symptoms of this debilitating disorder.

Find out more about how Pfizer is trying to cure autism at New Pfizer unit to take on autism.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

While most students graduate at the age 18 and go on to higher education or into the work force, special needs children usually follow a different path. Stow-Monroe high school officials are hosting their first-ever “Transition Fair” for special needs students and their parents to discover what their options are after high school.

The fair is open to anyone in the area who cares for a child with a disability. Organizations on hand will include job placement and job training organizations.

The transition for a young person from high school to the “real world” can be fraught with uncertainty for any youngster, but is especially difficult for children with disabilities and their families. It is great to see this school taking the initiative to help students with disabilities take the next step.

Find out more about this story at Transition fair helps students with special needs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The mother of a special needs child and active blogger has come out with a list of actions parents of special needs kids can take to protect their children from predators. She suggests that parents teach their special needs children the following:

• It is not appropriate for an adult to ask a child for help. Respond to requests with “Let me get my Mom or Dad.”
• Always let a parent or responsible guardian know where you will be and check in frequently.
• Make sure the child knows your home address and contact information. If the child has trouble memorizing this information, a laminated card or metal tag (worn out of sight) may help.
• Think about giving the child a cell phone with your number and any emergency numbers programmed in.
• Make sure the child knows how to dial 911 in an emergency.
• Have a special word that only trusted family members know. Let the child know not to go with anyone who doesn’t know the special word.
• Make sure the child knows not to go near strange cars or strange people.
• If the child is alone, scared or in trouble, teach them to ask for help from a mother with children, even if she is a stranger. This is the safest stranger for him to ask for help.
• Parents should always have a current photo of the child and make a mental note of what they are wearing each day.
• If your child is missing, contact authorities and ask them to enter your child’s information into the National Crime Information Center’s Missing Person File. Then call the National Center for Missing and Exploited Children at 1-800-THE-LOST.

While these guidelines were developed for parents of special needs children, most of them are applicable to any child. The best defense against predators is a good offense – that means teaching your child how to be safe.

You can read more details on these tips at Guidelines For Protecting Special Needs Kids From Predators.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

While the total number of children being suspended or expelled has actually dropped in recent years, a study from Great Britain shows that children with special needs, those who qualify for free lunch programs, and those from ethnic minorities are sent home eight times more often than their peers. The study also noted that boys were three times more likely than girls to be suspended or expelled from school.

While this study was done in Great Britain, it would not be surprising to see the same trend in schools in the United States. Children with special needs and those from economically challenged families are often more likely to have disciplinary problems, and schools and teachers that are ill-prepared to handle them often resort to expulsion rather than taking the time and care needed to educate these children.

Find out more about this story at Special needs children excluded eight times more often.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Five families from Great Falls Montana believe that their special needs children were severely abused by the 7th and 8th grade special needs classroom teacher aids at North Middle School. Tragically, the children’s special needs – autism, cerebral palsy and down syndrome – prevented them from reporting the alleged abuse. Julie Parish and Kristina Marie Kallies have been charged with felony assault on a minor and misdemeanor endangering the welfare of children. Ms. Parish has been arrested but police have been unable to find Ms. Kallie.

The children’s parents are both outraged and heartbroken. The parents reported that their children would come home from school with bite marks, burns and welts. Witnesses claim to have seen children water boarded, forced to eat their own vomit, and left sitting in soiled clothing for several hours.

If convicted on these charges, each aid could face up to five and half years in prison. You can read more details of the charges at the Mom Logic Blog, Accused: Special Needs Teachers' Aides Tortured Students.