Child Injury Lawyer Blog

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

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

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

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sergeant Louis Carlos of the Santa Fe, New Mexico Police Department was present at the hospital when the two year old son of Jennifer Stephenson and a Mr. Apodaca was brought into the emergency room with four centimeter welts across the backs of both of his legs. The police officer said it was very hard for him to listen to the child screaming in pain, and even harder to hear what his parents had to say about it.

According to the child’s father, he entered the boy’s room and found him on lying on his bed underneath a chest of drawers. The child’s mother claimed that she didn’t see or hear anything. But doctors told police that the welts are consistent with the child being tightly bound by ropes, and said they suspected abuse or neglect. They added that they may need to amputate the boy’s legs; they have already performed surgery to remove some of the damaged tissue in hopes of saving his legs.

Both Ms. Stephenson and Apodaca have been arrested and charged with child abuse. The child and his little sister are in the custody of the New Mexico Children, Youth and Families Department. Find out more details of this heartbreaking story at Santa Fe Couple Arrested, Accused Of Child Abuse.

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.

The phrase, “you can find anything on the internet," now has a new meaning thanks to Craigslist.

The free classified website has brought together buyers and sellers dealing in boats, automobiles, and pets. Recently, Craigslist has also facilitated a human organ transplant.

Recently, Daniel Flood of New York received a successful kidney transplant from a living donor. After his doctor notified him that he would soon need dialysis or a kidneys transplant, Flood signed up on a 6 year transplant waiting list. In the meantime, Flood’s daughters placed an ad on Craigslist seeking help in the form of a kidney donor. Responding to the ad, Dawn Verdict of California learned that her blood type matched Flood's and agreed to donate one of her kidneys.

Before Verdict responded, the Floods received many replies that were either not credible or were offers to sell a kidney for a price, which is illegal in the United States.

Currently, organ donations are acceptable, but law prohibits a person from charging money for an organ. Supporters of the law argue that allowing sources to sell their organs would create a “market” for human body parts, which would potentially cause a drop in price due to increased supply.

Others believe that sources should be able to receive compensation because nearly everyone else involved (surgeons, transporters, etc) in the process of an organ transplant is permitted to do so.

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

Researchers / doctors at the Center for Injury Research and Prevention at Children's Hospital of Philadelphia found that approximately 37 percent of parents suffered traumatic stress and high levels of anxiety as a result of a child who suffered personal injuries. Parents often times have difficulty coping with a serious personal injury to a child. It can be difficult for parents to discuss their emotions or cope when a helpless and innocent child is injuries. Most parents do their best to protect their children and provide their children with the best life possible. Unfortunately, in an instant, all this can change due to injuries caused by automobile accidents, medical malpractice, playground incidents, school injuries, and other causes. It can be especially difficult to cope with a child injury if the injury was wholly preventable with better supervision or attention. Studies like the ones at the Children's Hospital of Philadelphia show how difficult it can be for a parent trying to cope with serious personal injuries to a child. You can read more about this topic and get a link to the Children's Hospital of Philadelphia website at Emotional Trauma After a Child's Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Oxytocin has long been called the “love hormone,” primarily because it is released at childbirth and during sex to aid in human bonding. It is now being used in the United States in a trial on young people with Autism spectrum disorders. Autism is a disorder that is marked by anti-social behavior and repetitive behaviors.
Dr. Eric Hollander, the Advisory Board Chairman for the International Center for Autism Research and Education and Chairman of Psychiatry at the Mount Sinai School of Medicine at the Albert Einstein College of Medicine, believes that giving oxytocin to Autistic persons may improve social skills and cut down on repetitive behaviors. He believes that the hormone therapy will be effective despite the age of the patient.

In the study, Autistic patients who were given oxytocin nasally for twelve weeks reduced their repetitive behavior and were able to identify moods in other people based on their tone of voice. Similar results were seen in the group that took oxytocin by injection. This new use for an established hormone may provide hope for parents of children with Autism.

Of course, use of drug therapy on the complicated disorder known as Autism has varying results. In addition, experts often time express different opinions as to the effectiveness or lack of effectiveness of certain drug therapy and other efforts aimed at common behavioral and social components of Autism.

Read more details of the study at 'Love hormone' may reduce autism symptoms.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Saulk Institute for Biological Studies has released a new research report that promises to shed light on both Autism and ADD. It looks at how the mind moves its attention from one thing to another. In the report, researchers outline the functions of the superior colliculus (part of the brain), which is a major component of both selecting what to focus on and the motor functions used when turning one’s head or eyes to look at something.

The new research shows that the superior colliculus is also a major component in what they call “covert attention,” or the act of looking at one thing while actually paying attention to another. To prove their hypothesis, they temporarily inactivated the superior colliculous in test subjects, and asked them to identify the location of an object on a computer screen in front of them. Without use of the superior colliculus, the test subjects were unable to identify an object that was right in front of them. The results were very similar to behavior traits of patients with Autism or ADD. Researchers are confident that understanding how the brain focuses and moves attention is critical for understanding disorders of attention.

Read the full story on the new Autism and ADD research findings at Findings may shed light on the origins of autism and attention deficit disorders.

If your child has been discriminated against due to their Autism or Attention Deficit Disorder please contact our firm for expert child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other States, parents have a duty to provide shelter, food, and proper supervision of their children. In addition, parents have a duty to make sure that a child gets a proper education and medical care as well. In Vernal, Utah, KSL NBC TV 5 reported that a 7 year old boy had toe / foot injuries that did not get timely medical care. As a result thereof, amputations of parts of the foot / toes were required. The Division of Child and Family Services and the Uintah County Sheriff's Office investigated this incident and the boy's mother (Michelle Napolitano) and step father (Francis Napolitano) were arrested on charges of inflicting serious injury on a child.

While parents are not held to the standards of doctors and other health care professionals, parents have a duty to act timely and in a reasonable manner. Often times, parents ignore the needs of their children for whatever reason or no reason at all. Small children need guidance and proper supervision from parents. Typically, a 7 year old child is not going to know who to set up a doctor's appointment, arrange for transportation, or otherwise get the help he needs without assistance from a responsible parent or adult.

You can read more about this story at Boy Has to Have Parts of Fee Amputated - Parents Charged.

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 Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Massachusetts five year old boy and his seven year old sister were visiting family recently when the visit turned tragic. The family’s pet bullmastiff charged the children, wounding the little girl and seriously injuring the little boy. The dog reportedly attacked without warning or provocation, as the family was leaving the house. The child suffered serious facial injuries from the attack and was taken to the hospital. The dog, a 2 ½ year old, is under the supervision of animal control officers and will remain in quarantine until the owners make a decision on what to do with the animal.

Small children and aggressive dogs too often turn into a tragic mix. Animals can strike without warning if they become spooked, and small children are especially vulnerable because they might do something to unwittingly provoke an attack. Parents should be very wary when bringing their children into a home with a large or aggressive dog breed. Dog owners need to be sure to keep their pets securely restrained when children are in the house. You can find out more about this holiday dog attack at Child attacked by dog in Dighton.

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

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

Despite the fact that most medical experts, including the American Academy of Pediatrics, believe that it might be dangerous to treat Autism with Marijuana, Mieko Hester-Perez decided to go ahead and do it anyway. Medical experts caution against this type of treatment because a young child’s brain is still developing and there is no way to predict the effects of such a treatment. But Ms. Hester-Perez was desperate to help her Autistic ten year old son, Joey, who weighed only forty eight pounds and was extremely aggressive. She was afraid he was going to die of malnutrition. So she fed him brownies laced with marijuana.

Ms. Hester-Perez, a California resident, was not violating the law; she had found several stories on the web about the benefits of Marijuana to Autistic children, and convinced her son’s psychiatrist to write a prescription for medical marijuana. Medical marijuana is legal in California. Ms. Hester-Perez reports that her son’s condition has improved since she started the treatment. But medical experts still caution that this treatment might be worse than the disease.

Parents of children with Autism are often desperate to help them. This can lead them to believe unscientific and even downright spurious reports on the internet. While parents should keep up to date with the latest research, it is also important to make sure that they listen to the advice of their physician and always follow the law in their state.

Find out more about this story at Mother Says Marijuana 'Saved Life' of Autistic Son.

A story posted at Med Page Today covered the choking dangers of pop top tabs on soda cans. Years ago, the soft drink and beer industry made changes to the design of the pop top. The new design called the "stay tab" helped keep the pop top connected to the can even after opening. This new design also reduced some little and the minor dangers of stepping on a pull tab. Doctors at the Radiological Society of North American recently reviewed the topic of choking hazards involving pop tops or stay tabs. Choking incidents in ER rooms and doctor's offices continue to be reported even after the introduction of the stay tab to the market. Stay tabs can be removed and do fall off. As such, with any small foreign object, there is a choking risk to children. For parents, teachers, day care providers, and care givers, due diligence should be taken to prevent children from choking on small items ranging from stay tabs to coins to buttons to small toys. Keep your chidren safe.

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.