Child Injury Lawyer Blog

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

Children with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age - 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

In Florida, a teacher duct taped gagged and duct tapped 5 misbehaving students to their desks when they were misbehaving. It is amazing that teachers with years of experience, certification, and college degrees would resort to such behavior. It really defies common sense and good judgment.

Seclusion is also a problem in school systems for disabled children. In New York, a 8 year old special education student was placed in a small dirty room over 70 times in a 6 month period for whistling, slouching, and hand waving in the classroom.

California and Texas reported over 33,000 instances of restraint and /or seclusion instanced during the past school year. In some instances, disciplinary action is necessary for the health, safety, and welfare of the misbehaving child, other students, and / or the teacher. However, teachers and caregivers should approach disciplinary measures or actions with common sense, good judgment, and should use their best efforts to avoid restraint and seclusion if other means of action are reasonably available and do not put the child or others at risk. You can read more about the GAO Government Study and comments regarding the same at Seclusion and Restraint of Special Education / Disabled Students.

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

Deaths and injuries over a four year time period (2002 - 2006) across Iowa were studied by the Iowa Department of Public Health and the University of Iowa. This study revealed that over 1500 deaths in Iowa are caused by injuries. The Burden of Injury in Iowa report gathered information regarding deaths and hospitalizations. Motor vehicle accidents / automobile accidents were the leading cause of unintentional deaths for all injury related mortalities. Teens and young adults ranging from the age of 15 to 24 represented the groups with the highest rates of hospitalizations / emergency room visits among all age groups. Unintentional or accidental injuries represent the leading cause of death for Iowans in the age range from 1 to 34 years old. You can read more about these statistics and others at Injuries a Leading Cause of Death in Iowa According to Study.

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

An audit of Georgia’s mental health care services for children by the Georgia Department of Audits and Accounts found several deficiencies in the state’s system for tracking services to uninsured children and Medicaid eligible children. The audit examined the Georgia Department of Human Resources which is responsible for the state’s public mental health system. The report found that the Department of Human Resources lacks a systematic process for determining the most critical needs of children for mental health services. The report also indicated that the Department of Human Resources reported a decrease in children showing improved functioning through mental health care between 2006 and 2008. To read more about this audit see Audit Cites Flaws in Georgia's Mental Health System for Children.

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

A nationwide study recently reported Mississippi with the highest teen pregnancy rate in the nation. As compared with a national average, Mississippi's teen pregnancy rate was 60 % higher. The study reviewed birth certificates for each State. Over 400,000 births were to mothers ranging from age 15 through 19. You can read more about these and other statistics at Teen Pregnancy Rate - Mississippi Leads the Nation.

Teen parents often times face the challenges of high school education and new parenting at the same time. In addition, many teen parents (like other new parents) face economic challenges that make the care of the child even more challenging. It is important to have supportive families both emotionally and financially when a teen has a child.

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

For decades, the United States Consumer Product Safety Commission (CPSC) has warned about the dangers of crib meshing. Between 1978 and 1985 when crib meshing was more common, CPSC records document 15 deaths. While deaths related to meshing have fallen over the years, about 50 babies die annually due to defectively designed cribs. Just two months ago, the CPSC announced the recall of 600,000 drop side cribs manufactured by Delta Enterprise Corp. after the death of an 8-month-old baby who suffocated when the drop side of his crib detached. The recall announcement is available at the CPSC’s website at Crib Recall - Delta Enterprises.

These are most troubling statistics. Even one death from an unsafe product is a tragedy. You can read another blog article about the death of a child from a crib mesh in Maine at 2 Year Old Strangled by Crib Mesh in Maine.

Every state including Maine has laws in place to protect consumers injured by defective products. Children can least protect themselves from unsafe products. While no award of damages can replace the life of a child, holding crib manufacturers accountably for defectively designed cribs that cause injury and death may result in safer cribs thus preventing similar tragedies.

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

While visiting Vinalhaven, Maine with his parents for the holidays, 2-year-old Noah Thompson died from strangulation after he entangled himself in a mesh covering placed on top of his crib. According to Maine Department of Public Safety spokesman Stephen McCausland, the boy apparently stood up and became entangled in the netting when he stuck his head out between the netting and the edge of the crib. You can read more about this tragedy at 2 Year Old Strangled by Crib Mesh in Maine.

Unfortunately in many instances, tragedies and deaths like the one to Noah Thompson are the only things that effectuate change and safety measures by government agencies, manufacturers, and businesses. Before a product is put on the market, it should be thoroughly tested and studied to make sure that the safety of the child is placed as the most important factor. Safety should be given the highest priority over price, form, function, and aesthetics or the look of the product.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The New York Times reported a recent study conducted by the World Health Organization (WHO) and Unicef about child deaths world wide. The statistics are quite interesting and astounding at the same time. The study estimates that accidents kill 830,000 children every year which is an almost equivalent to every single child in the city of Chicago, Illinois. The report, which collected date from developed as well as poor countries, was a breakthrough study in that it was a worldwide study. The statistics in poor countries was not as accurate or plentiful as that in developed countries like the United States, England, and Australia. Nevertheless, the study did gather and present data so that efforts can be made country by country as well as worldwide to attempt to prevent the accidental and preventable deaths that take place every year.

One statistic that is quite troubling is that 5000 children die each year from drinking / swallowing / consuming kerosene that parents use for cooking purposes. A simple childproof cap and more attention by parents could prevent most of these deaths.

Teenagers, in both developed and poor countries, fall victim to the same type of injury causing death - road injuries, automobile accidents, pedestrian accidents, and trucking accidents. In the United States alone, over 12,000 children die every year from accidents. Car accident / automobile accident was the number 1 cause in the accident category in the United States except for infants and small children who more often fell victim to suffocation and drowning deaths.

You can read more about this very important study at the Official Site for the New York Times at Worldwide Study of Child Death and Injuries.

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

Thousands of children are abused and neglected every year in the State of Connecticut. The United States Department of Health and Human Services, Administration on Children, Youth and Families, Children's Bureau reported that 13,285 incidents of child abuse took place in 2004. You can read more about these statistics and more at Connecticut Child Abuse and Neglect - Solutions to Save Lives and Prevent Crimes This figure represents the official number of incidents. Child abuse experts suggest that the actual number of abused and neglected children may actually be 3 times higher than this figure.

Tragically, children are abused and neglected in and outside of the home. The abuse and neglect can be physical and / or psychological in nature. Day care centers and child care centers are often times overloaded with children and lack competent and caring staff members to handle the special needs of young children. Many toddlers and infants cannot use their voices to report abuse and neglect and are often the silent victims of unreported or unseen incidents of abuse and neglect. It is important for families, extended families, teachers, friends, and others in contact with children to be aware of unexplained injuries, fractures, lacerations, eye injuries, facial injuries, bruises, and welts that appear to be suspicious in nature. Children, whether they are under the care of a parent, neighbor, friend, family member, or day care / child care center, are entitled to be cared for in a safe and decent living environment. If there is a suspicion of abuse or neglect, the Connecticut Department of Children and Families should be contacted. In addition, it may be helpful to consult with a Connecticut child injury attorney to discuss your the rights of the abused and neglected Connecticut child.