Child Injury Lawyer Blog

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Robert Owen’s eight year old daughter Kaylan came home from school the other day with some shocking news. She said that her teacher, Betty Levy, became annoyed when the child got up to wash her hands without permission, and pushed the girl’s head under the water until she couldn’t breathe, then pulled her head out of the sink and slammed her into a file cabinet. Kaylan said that the incident made her feel “really sad.”

According to Owen, Ms. Levy has apologized and the principal of the school assured him that a letter of reprimand will be put in the teacher’s file. But Owen isn’t satisfied. He says he wants the teacher fired, and he has also filed an assault charge against her with the police. According to school officials, none of the other children in the class saw what happened, but Owen reports that one of the kids went home and told her parents about the incident.

A Jackson Public Schools official has made a statement that the district is taking the allegations seriously and that child safety at school is their first priority. The school system will be following procedure and conducting a thorough investigation into the matter. In the meantime, a judge will have to decide if there is enough evidence to arrest Ms. Levy on the assault charges.

Find out more about this alleged assault on a young student by a teacher at Miss. Girl Says Teacher Held Head Underwater.

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

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

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

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

Police departments and law enforcement agencies are using text messaging to help solve crimes. Anderson Software is a company that provides software / technology that allows text messengers to anonymously send in a text message crime tip. The text message goes through a third party computer server, assigned an encrypted alias and then finally forwarded to the police. Many people feel that they will be identified as a snitch when informing the police of important information. By using this technology, some police believe that more people will help police in solving old crimes and preventing new ones from taking place. You can read more about this technology at Text a Crime Tip Programs Assist Police.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland, a father was recently sentenced to 20 years in prison based on child abuse charges brought by the State. Andre Nathaniel Robinson, age 31, was accused of the crime of child abuse for burn injuries to his baby son. Mr. Robinson maintains his innocence of a crime and stated that the injuries were accidental in nature. The baby treated at Baltimore Washington Medical Center for burn injuries to the chest, right arm and face. While Mr. Robinson had a right to an attorney and to defend himself at trial, he entered an Alford plea to the charges. This type of plea in Maryland allows a Defendant to maintain his or her innocence with a plea that there is sufficient evidence for a conviction.

Parents, babysitters, and caregivers should not use scolding hot water as a threat or as a disciplinary measure against children. It is amazing that this malicious technique of punishment is still used by parents and child caregivers. You can read more about this story at Maryland Man Gets 20 Year Prison Sentence for Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, a woman (Brandi Reeves) pleaded guilty to criminal charges of child abuse and neglect for her role in the death of a 2 year old son. The criminal investigation and criminal prosecution also involves the child's father who is facing murder charges regarding the death of the boy who died in 2007. Witnesses reported that the father beat the child with a hammer. This is a sad and tragic story as to how some parents discipline and abuse their children. Of course, the father will be entitled to defend himself regarding the charges. Whether the crime was committed by the father, girlfriend, or some other individual, a 2 year old child should be protected and cared for in a loving environment rather than beating senselessly by an adult who should certainly know better. You can read more about this story at Nevada Woman Pleads Guilty for Her Role in Death of Toddler.

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

In Port Chester, New York, a child was reported to have suffered a skull fracture. The
Lo Hud (Lower Hudson) Website provided some details as to the allegations against Jose Cruz, who is accused of slamming the child when her crying disturbed Cruz while he was watching a soccer match on television. Young children cry from time to time. Some infants even cry for extended periods of time. Rather than hit or assault a child, parents, caregivers, and / or babysitters should take a deep breath and remind themselves that babies will be babies. Police believe that the actions of Mr. Cruz resulted in the baby suffering a skull fracture to the back of her head. Cruz was the boyfriend of the woman who was responsible for babysitting the child.

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

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bishops of the Roman Catholic Church in Dublin had a duty and responsibility to look after, guide, and counsel their parishioners including children. Unfortunately, many of the Bishops used their authority and position to sweep or cover up years of child abuse and molestation. An expert commission report concluded that the bishops put the reputation of the church as a bigger priority than the arrest and exposure of child molesters. It also appears that church reputation was prioritized over the safety of children. You can read more about this story at Experts - Priests Covered Up Priests' Child Abuse. The actions or inactions by the Roman Catholic Church in Dublin are not isolated. Other churches throughout Europe and the United States acted with similar callousness and disregard to the safety, welfare, and rights of innocent children. The Roman Catholic Church in Dublin should have been a safe haven and refuge for these children rather than a site of abuse, neglect, and molestation.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Davenport, Iowa, two month old (Chase Kloppenberg) was taken off of life support at Iowa City Hospital according to Sergeant Frankie Wilson with the Davenport Police Department. Brian M. Fix, the mother's boyfriend, has been charged with the crime of child endangerment causing serious injury. In criminal of this nature, the extent of the criminal charges could be amended in light of the fact that the child died.

Mr. Fix will be entitled to defend himself with the assistance of a public defender or a private criminal defense attorney. Medical evidence will be gathered and presented on a case of this nature as to the severity of the injuries and the probably cause of the injuries. Witness testimony will also be important in a case of this nature. Statements may include those from the mother, other relatives, and the Defendant.

The death of Chase Kloppenberg is certainly tragic for the family, friends, and the community. You can read more about this story at Iowa Toddler Dies After Alleged Assault.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland and other States, schools should be a safe haven for children. Schools should be a place where children are able to learn and grow in an environment that protects their safety and well being. Unfortunately, at times, schools are crime scenes where children are assaulted, beaten, and robbed. In Cambridge, Maryland, WBOC TV 16 reported that a 15 year old student was beaten and robbed in the bathroom of Cambridge South Dorchester High School. School officials and the police have identified two other students who were believed to commit this crime.

Schools cannot prevent every senseless act of violence. It is especially difficult to prevent these kind of incidents in secluded places in schools like bathrooms. It was reported that the student was robbed of his mobile phone and money. While it is common to have both money and mobile phones in schools, students should be careful when carrying such items as other students may seek to steal these items at school.

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

Facebook is a wonderful tool and communication medium for millions of people. Unfortunately, it is also used at times for violence, bullying, and other acts that led to the physical and / or emotional harm to children. In Calabass, California, a 12 year old boy was assaulted by classmates. A news report at Faox News stated that the assault may have been prompted by a posting titled "Kick a Ginger Day" which had something to do with an episode from the cartoon - South Park. Whatever the motivation, middle schools should be a place of safety and education for children rather than locations of assaults and bullying tactics. You can read more about this story at Facebook Post May Have Prompted Beating of Redhead at California Middle School.

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

In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus the word of the child. A 4 year old boy's testimony is not always reliable or accurate. In this case, another teacher witnessed the incident. As a result of this evidence, misdemeanor assault charges were filed against Sherra Howard, a 25 year old day care worker who apparently lost her composure punched the child and then proceeded to spank him as well. The day care center was operated by the YMCA. The CEO of the YMCA issued a statement about the incident. You can read this statement and more about this story at Ohio Day Care Center - Day Care Worker Punches and Spanks Child.

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

In Connecticut and other States, parents rely on babysitters to watch, supervise, and care for their children. Some babysitters are experienced and very caring while others put their own interests in place of the child's. In Bridgeport, Connecticut, a babysitter was arrested after a baby was treated at a hospital for severe head injuries. Police believe that the babysitter (Keamira Fatal - age 24) banged the baby's head on the floor several times after the 1 year old girl disturbed the babysitter who was watching television. The babysitter reported that the baby was crying and that the babysitter did not quite know how the baby was injured. In a criminal investigation and case of this nature, forensic and medical evidence will play an important part in determining what truly happened to this defenseless child. This is especially true since the victim cannot state what happened to her and there were no witnesses at the time the injuries took place. You can read more about this story at Babysitter Faces Criminal Charges for Severe Personal Injuries to 1 Year Old Girl in Connecticut.

By J. Rock Palermo, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Hazing incidents continue to be reported in Louisiana and other States across the nation. Unfortunately, high school and college students in clubs, organizations, fraternities, and even marching bands feel a need to inflict physical harm and / or humiliation as pre-requisites to get initiated or get membership in the group. It was recently reported in the Atlanta Journal Constitution that a student is suing Southern University located in Baton Rouge, Louisiana over a hazing incident that took place off campus. Southern University will argue that the incident took place off campus and that the University did not sponsor or have knowledge about the incident. The attorney for the victim may argue that there was a lack of supervision by the University and that the University knew or should have had knowledge of past incidents of hazing yet took no action to intervene. It is by no means an easy case to pursue on behalf of the victim. It will be interesting to see how the court case turns out and what information is obtained through the court case.

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

In Fresno County, California, CNN reported the horrible circumstances of the death of a 4 year old boy who ultimately was found in a dryer of a nearby apartment. Alex Christopher Mercato, who was only 4 at the time, was molested, sodomized, and drowned in a bathtub by a 14 year old California boy. The 14 year old (Raul Renato Castro) has been charged as an adult. Raul told police that he killed Alex because Christopher said that he was going to tell on Raul for molesting Alex. Raul faces a criminal sentence of up to 32 years if convicted due to his age and California penal / sentencing laws.

The death of Alex Christopher Mercato was tragic and such a loss to his family, church, and the community. One would think that a 14 year old neighbor or friend would not pose a risk or threat to a younger child. It is unfortunate that parents need to be wary of not only adults but other children who are pre-disposed to harm, molest, injury, or kill an innocent child. You can read more about this story at Frenso County Police State that Teen Killed Child to Protect a Secret / Crime.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Chesnee, South Carolina daycare operator, Gena Lynn Grigg, was arrested by officers of the Spartanburg County Sheriff’s Office after police said she abused a child in her care. She has been charged with unlawful neglect of a helpless person.

The child’s mother, who had been leaving her child in Grigg’s care for approximately one year, noticed that her two-year-old child had developed bruises while at daycare. She put a digital recorder in the child’s bag, which reportedly captured Grigg swearing at and threatening the child. Grigg was released on bail.

Video cameras can be a valuable source of evidence in cases involving day care abuse and neglect. Some facilities even have cameras in place that happen to capture instances of abuse and neglect that take place at a facility. Many day care and child care employees would be deterred from abusing children if they knew that they were being video taped.

Working parents need to be able to rely on day care operators to provide a safe haven for their children. It is unfortunate that in many instances children are physically and emotionally abused by the very people charged with the responsibility of caring for them.

Find out more about this story at Daycare Operator Charged With Neglect.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Troy Helms, an 11-year-old from Grove, Oklahoma was attending the Strut Your Mutt dog walk sponsored by the Humane Society of Grove and Grand Lake when he accidentally fell on the ground. A Great Dane attacked the child, biting down on his face and neck. The boy received more than 100 stitches.

Witnesses say that the dog’s owner simply loaded his dog into his vehicle and left the scene. He was later cited by police for the attack.

When owner’s take their dogs into public, they are liable for the actions of the dog. While animals are by nature unpredictable, an owner who suspects that his dog might behave aggressively in public has a legal and ethical responsibility to protect the public from the dog, whether that means leaving the animal at home or fitting it with a muzzle. They should certainly not bring the animal into a crowded event where there are children present. The story does not mention if the child’s family will file a lawsuit against the dog’s owner or the humane society, but they are certainly within their rights to do so.

Find out more about this story at Okla. Boy, 11, Mauled By Great Dane At Dog Walk.

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.