Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a British organization, the Child Accident Prevention Trust, attractively packaged capsules containing dishwashing detergent pose a serious poisoning risk for children. The capsules contain highly-concentrated detergent, which can cause serious chemical burns. According to the Trust, “hundreds” of children are being poisoned, and they attribute an 11% increase in calls about accidental poisoning to the introduction of the new tablets on the market. Toddlers have reportedly suffered chemical burns to the throat, eyes and skin after biting or playing with the tablets. The vibrant packaging and attractive design of the tablets are believed to make the poison more attractive to young children.

Parents need to be aware that these tablets may be extra attractive to children and take care to keep them out of their reach. Because children are oblivious to the dangers of playing with or eating dangerous objects, it is up to the parents to maintain proper child safety measures to keep their offspring safe from harm. Parents should keep emergency phone numbers, including poison control, within easy reach in case of an accident. Manufacturers can do their part by clearly labeling hazards as required by law and by being careful to avoid designing hazardous products that resemble toys. This includes brightly colored packaging as well as the design of the products themselves. Find out more the poisoning dangers at Wash capsule ‘danger’ for kids.

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

In Georgia and other States, parents, child care givers, and day care workers should be very careful about supervising children in and near kitchens and dining areas. While boiling water can be very common in cooking items, pots of boiling water can be very dangerous to children. Small children often lack safety awareness and do not understand the real dangers of scolding hot water. The Atlanta Journal Constitution recently reported that a 10 year old Gwinnett County child suffered burn injuries from a pot of hot water from a stove. The child was treated at Grady Hospital. This story shows the dangers of hot water and the importance of safety precautions and parental supervision around hot water. You can read more about this story at Child Burned by Water on Stove in Gwinnett County, Georgia.

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

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

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 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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Millions of parents rely on daycare centers to look after their children. But with the looming H1N1 epidemic, daycare centers could become breeding grounds for the potentially deadly virus. I recently had the opportunity to share my legal viewpoint about the ramifications of H1N1 and daycare center liability with Time Magazine.

If a child contracts H1N1 at a daycare center due to negligence on the part of the daycare, the parent could sue; especially if the disease led to hospitalization, permanent injury, or death. To protect themselves and the children they are caring for, daycare owners and managers need to take an active approach to keeping kids with H1N1 symptoms away from the daycare center and following proper sanitation procedures in the center.

To protect their children, parents need to understand that not all licensed daycare centers are compliant with the terms of their license, and that church-based daycare centers may be exempt from state regulations. Parents can be proactive by checking into the background and cleanliness of the daycare center where they leave their children.

Find out more about this story at Childcare Centers and Parents Brace for Flu Season.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In December 2008, an electrical space heater caused a fire at the Heavenly Angels Daycare in Alamo, Tennessee. The fire injured three children: two two-year olds and a three-year old. The children were rescued from the fire by Alamo Assistant Chief Kevin Sugg, who was off duty at the time. All three were treated for smoke inhalation, and the three-year old also had burns on his face. The owner, Kathy T. Humphrey, was charged with child abuse and neglect of a child under the age of six.

At the time of the accident, Humphrey and two other women had already been cited by the Tennessee Department of Human Services for operating a childcare agency without a license. Humphrey pleaded guilty to the abuse and neglect charges and was placed on unsupervised probation. The standard two-year sentence was suspended.

Daycare centers should be a safe and loving place for children to go while their parents are at work. This case highlights how important it is for parents to thoroughly check into their daycare provider’s reputation, facilities, and license status. If a parent finds that a daycare center is operating without an appropriate license, they should report them to the proper authorities so that tragedies like this one can be avoided.

If you are interested in the details of the case, please visit Guilty plea in day care fire

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

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

A medical study estimates that burn injuries to children happen every 60 seconds in the United States. Approximately 300 children suffer burn injuries every day. Nationwide Children's Hospital based in Columbus, Ohio conducted the study which yielded important information that every parent, caregiver, teacher, and day care provider should know. A researcher for the study stated that most of the children (60 %) were under the age of 6 years old. This is not surprising in that children under the age of 6 do not have the safety awareness or judgment of an older child. The study spanned 17 years and studied information regarding more than 2 million burn injuries.

You can read more about this study and the alarming number of burn injuries to children at Burn Injuries to Children - Highest Risks to Children Under the Age of 6.

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

In Fabens, Texas, a 2 year old child suffered serious burn injuries in the kitchen of his home. According to a story posted at the KDBC CBS 4 News website, the mother had placed a water on the stove for heating. Thereafter, the mother put the pot on the table as she was getting ready for work. Just a few moments of inattention resulted in injuries of a 2 year old who knocked the pot of water over. Deputies later arrived on the scene to find this child with serious burn injuries from the hot water.

Parents, especially working and single parents, have a lot of responsibility. Distractions happen every day. Nevertheless, it is vital for parents to be super diligent when there are any risks or dangers to children. Many people do not believe the a child can be harmed in the safety of the child's own home. This is far from the truth. There are a host of dangers present in homes including but not limited to dangers leading to burn injuries, fractures, electrocution, poisoning, choking, and strangulation. Parents should do their best to safeguard their homes. This includes keeping hot / boiling water away from the reach of children. You can read more about this story at Texas 2 Year Old Suffers Serious Injuries from Hot Pot of Water in Home.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Gary, Indiana, a woman admitted that she was reckless in causing serious burn injuries to a child. Lashonda Sheree Brassfield, age 28, was caring for a 2 year old girl in a home. The girl was left unattended in a bathtub where she suffered 3rd degree burns to her legs.

This story shows the importance of due diligence and supervision when small children are in a bathtub. Inattention can lead to serious injuries since small children do not understand the dangers of water which include scolding related injuries and drowning related injuries. You can read about this story at Indiana Woman Admits to Recklessness - Bath Tub Burn Injuries to 2 Year Old Girl.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Lewiston (Maine) Sun Journal reports that an early morning fire claimed the life of 9-year old Taylor McQueeney. A candle used as a light source, after the Central Maine Power Company shut off the electricity to the apartment for non-payment, ignited a bed. The fire spread quickly. Taylor McQueeney had spent the night with her cousins, 18-year old Nathan Cote and 25-year old Justin Cote. Craig Austin, age 39, rented the apartment. According to police, the men ran an extension cord from a second floor apartment up to their third floor apartment to power a television and video games, but used candles for light.

The Lewiston Fire Department received at 3:30 a.m. a report of the blaze at 52 River Street. The building is located in the “Little Canada” section of Lewiston – a densely populated area with 4 story apartment buildings. The fire spread to neighboring 48 River Street. Firefighters evacuated as many as 50 people from five apartment buildings.

Craig Austin, who was sleeping in the bed that caught fire, sustained minor burns to his feet. You may read more about the story at Fire Claims Life of 9 Year Old.

Maine law requires smoke detectors in apartments. It is unknown whether smoke detectors were installed and operating properly.

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

In New York and other states, parents have both a legal and moral duty to properly supervise and protect their children. Small children should not be left alone at home because circumstances can arise that require parental supervision and intervention. One such circumstance is a fire. When a fire happens, small children often times do not know what to do or where to go. In many instances, children left alone when a a fire strikes and then engulfs a house suffer serious personal injuries and some even die. In Rochester, New York, Nicole Allen left three of her children home alone at midnight to go get beer. Yes, this mother left in the middle of the night on a beer run. A three year old died in the blaze. Two other children (a toddler and a newborn) suffered serious burn injuries. The fire took place in 2008.

To leave three small children home alone is really negligent and selfish. Ms. Allen's defense attorney may argue that she had no intent to harm her children. However, Ms. Allen can still be prosecuted if her conduct amounted to a reckless indifference to the health, safety and welfare of her children. You can read more about this story at New York Mother Arrested for Leaving Children Alone at Home - One Child Dies.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nashville, Tennessee, a 17 year old girl could be tried as an adult for burning a 1 year old and a 3 year old with a hot curtain rod. While babysitting these children, the teen burned the children because they were crying. Crystal Neal and Henry House, Sr., the children's parents, left their children (Anthony and Henry House) at home with a babysitter and a friend. Apparently, there were no prior problems with the babysitter.

It is really mind boggling that a teen or any person for that matter would think that burning a child with a hot curtain iron was a good way to discipline or supervise small children. Maybe the babysitter was abused. Maybe she learned this tactic from someone else. Regardless, child should not be disciplined in this manner. This should never happen and the babysitter should be prosecuted for this crime. Yes, it is a crime even though the injuries have faded.

Parents should not have to tell babysitters, "Listen, while I am gone, do not burn or hit my child." This is just common sense; however, it appears that some babysitters do not get it and need basic instruction like, "if there are any problems call me, we do not hit or punish our children and you certainly should not while we are out."

It is a shame that small children are victimized by ignorant, immature, and untrained babysitters as well as day care workers, child care workers, and others. You can read more about this article at Nashville, Tennessee Babysitter Who Burned Children Could Be Tried as an Adult.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Most people may think that sparklers are harmless. Unfortunately, any object that is ignited can lead to serious burns for children. In Hartford, Connecticut, a 6 year old boy from Waterbur suffered second and third degree burns when his clothing was ignited by a sparkler. The boy was rushed to Hartford Hospital and later transferred to Shriner's Hospital in Boston, Massachusetts for burn treatment. Unfortunately, fireworks related injuries are frequent incidents during July 4th and New Year celebrations. You can read more about this story at 6 Year Old Connecticut Boy Suffers Second and Third Degree Burns from Sparkler that Ignited Clothing.