Child Injury Lawyer Blog

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

A recent study conducted at the University of Chicago revealed that children with brain injuries may have difficulty developing story-telling skills. It is estimated that 1 in 4,000 children suffer from pre- or perinatal brain lesions, a brain injury with risk factors involving both mothers and babies. In the study, which was reported in the recent issue of Developmental Science, children with brain injuries were compared with children with normal development. Each group was asked to tell a story after given a situation with a suggestive narrative. For example, "Once there was a little boy named Alan who had many different kinds of toys." The children were prompted with questions like "Anything else?" until the children said they were done. The study found that the children with brain injuries told shorter and less complex narratives compared to the children with the typical developing children. However, each group had similar vocabulary and sentence comprehension abilities. Researches suggested the reason for the shorter and less complex narratives is that storytelling requires flexibility in word use and, therefore, may be more vulnerable to to developmental delays.

Other research has shown that a child's storytelling abilities may potentially be boosted if he or she is engaged in conservations around narratives. Parents of a child with brain injuries should closely observe the development of their child's storytelling abilities during the child's preschool years. If you would like to read more on this story see Research suggests developmental delays may affect storytelling abilities in children.

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

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Consumer Product Safety Commission released its report for Toy Related Deaths and Injuries for the Calendar Year 2008. There were 19 reports of deaths related to toys and 235,300 reports of injuries related to toys. The injuries ranged from minor injuries like lacerations to more serious personal injuries. Riding toys appeared to be the toy associated with the more emergency room visits than other types of toys. Parents, teachers, and day care providers should review the report to see the causes of the deaths and the statistics regarding the injuries. While all injuries and deaths cannot be completely avoided, education, knowledge, and consistent adult supervision can help reduce the number and severity of injuries related to toys. See Consumer Product Safety Commision - Toy Related Deaths and Injuries for Calendar Year 2008.

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 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.