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 David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the American Academy of Pediatrics, every five days a child dies in the United States from choking on food. That makes choking the number one cause of death for children under fourteen, although children under four are most at risk.

The group is now calling on legislators and manufacturers to put in place a system of labeling certain high-risk foods to warn parents of choking risks. It points out that there are many laws and regulations aimed at preventing children form choking on toys, but no consistent program for labeling foods that pose the same type of risk. In addition to lack of regulations, there is also no central repository for data on childhood deaths caused by choking on food. The Academy would like to see that change, as well.

Certain types of foods are more likely for kids to choke on. These foods are usually cylindrical and about the size of a child’s throat. Foods mentioned specifically included hot dogs, grapes, baby carrots, apples and peanuts. The Academy has released some tips for parents to deal with risky foods:

• Cut the food into smaller pieces so it is not the right size to block the child’s throat. This includes cutting hotdogs lengthwise and grapes into quarters.
• Don’t give small children hard to chew foods like hard candies, nuts and baby carrots.
• Keep children in an upright seated position when eating.

Read more about the American Academy of Pediatrics’ initiative to prevent childhood food choking at Labels urged for foods that can choke kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother’s piercing screams brought the Washington state high school wrestling championships to a sudden halt in Tacoma recently. The woman’s seventeen month old child had just slipped through a gap in the bleachers at the Tacoma Dome, and had fallen twenty to thirty feet to the concrete below.

Amazingly, when medics reached the girl behind the bleachers, they found her conscious and moving about. She was rushed to the hospital, and is reportedly doing well, though her condition was not officially released.

A spokesman for the Tacoma Dome is calling this a freak accident, saying that the dome has been in existence for over twenty five years and this is the first time an accident of this nature has taken place. Immediately after the accident, Tacoma Dome employees searched the arena for gaps and taped over several as a temporary measure until more permanent modifications can be made. Investigators are now talking to witnesses to piece together what happened. They have said they will do whatever it takes to keep such an accident from happening again.

At the same event, a person fell through a ceiling tile in a restricted area, but was not injured badly enough to require a trip to the hospital.

To find out more about this harrowing accident at the Tacoma Dome, visit Child injured in fall from Tacoma Dome bleachers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Utah Highway Patrol reported recently that a three year old child was sent to the hospital in critical condition after she was ejected from an SUV in a rollover crash. According to officers at the scene, all other passengers in the car were wearing seatbelts, and were not thrown from the car; the child in a booster seat prior to the rollover accident.

The terrible accident comes as the Utah legislature is debating a proposal to relax current child safety seat legislation. The child advocacy manager for Children’s Medical Center, Janet Brooks, says she opposes the bill. She believes that many lives will be saved by children riding in safety or booster car seats.

Provo, Utah Representative Chris Herrod introduced the bill, which relaxes child safety seat requirements for short trips. He stated that he would rather have his child ride home with a friend who did not have a child safety seat than to have his child walk home alone.

A Utah House committee has passed the bill, and it will go to the full house soon. Find out more about the proposed safety seat bill at Utah House panel favors bill relaxing child safety seat law.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Movies made for kids over the years have shown improvement in the use of safety equipment like seat belts and helmets. However, a government study showed that only 56 % of vehicle occupants show the use of a seat belts while just 25 % show the use of a helmet while riding a bicycle. Of course, a movie is not required to always show adults and children using good judgment. After all, many adults and children in the real world fail to use seat belts and / or helmets. Unless there was a specific artistic reason for failing to use a seat belt or a helmet, movies that market to children should set good examples as to these safety measures. You can read more about this government study at Seat Belts, Bicycle Helmets Go Unused in Movies Aimed at Kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lab testing of children jewelry detected high amounts (some levels exceeding 90 % of the item's weight) of a dangerous and toxic metal called Cadmium. Direct exposure to Cadmium can cause health problems for children. There is not a great deal of scientific literature or study of this toxic metal as the typical exposure to children and others has been limited. Nevertheless, parents and medical professionals should be aware of this study and the danger of Cadmium. The safest way for parents to handle this matter is to refrain from putting jewelry on a child unless it is made from a metal like gold or silver that has no potential harmful side effects or health hazards. You can read more about this story at Toxic Metal Found in Kids's Jewelry Very Dangerous.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Over 2 million children are injured each year from hazards in the home. Yes, hazards in the home. The blog / website www.bestparentingskills.com published a very good article that outlined 12 safety devices that parents and homeowners can put in place to prevent many of these unfortunate and some times tragic incidents / injuries from taking place. See 12 Safety Devices to Protect Your Children. The safety devices mentioned were as follows:

*Safety latches and locks;

*Safety gates;

*Door knob covers and door locks;

*Anti-scald devices;

*Smoke detectors;

*Window guards and safety netting;

*Corner and edge bumpers;

*Outlet covers and outlet plates;

*Carbon monoxide detector;

*Window blind cord safety tassels;

*Door stops and door holders; and

*Cordless phones.

Many of the above devices are inexpensive and easy to install. By taking a little bit of time and money, a child's life can be saved and personal injuries can be avoided. Parents, homeowners, schools, and day care centers should take all reasonable precautions and measures to act in the best interests of children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

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

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.