Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Brachial Plexus injury is a medical term used to describe an injury to the brachial plexus nerves in the shoulders. Brachial plexus is also known as the Erb's Point. A brachial plexus injury is generally caused to an infant during pregnancy. Occasionally, during a pregnancy, the infant's shoulders will be caught behind the mother's pelvis, causing a medical emergency known as dystocia. When this occurs, a doctor needs to dislodge the shoulders and may rely on the use of forceps to pull the head of the infant. This maneuvering attempt can lead to brachial plexus injuries. These injuries range from minor, healing in 3-4 months, to severe, causing paralysis in the arm and shoulder of the infant. Also, some children born with a Brachial Plexus injury can suffer from Erb's palsy, Klumpke's palsy or Brachial palsy.

Symptoms of Brachial Plexus injury:
- forearms are turned in and wrists are bent
- limp arm, unable to be raised by he infant
- droopy eyelid on the side of the injury, known as Horner's Syndrome.

If you would like to read more on this topic see Brachial Plexus Injuries.

Continue reading "What Is Brachial Plexus Injuries to Children? What Are The Legal Rights of My Injured Child?" »

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

In Virginia and other states, the summer heat poses a particularly dangerous risk to children. A child left unattended in a vehicle is at risk for serious personal injuries including death from hyperthermia, heat stroke, and other causes. Parents, day care providers, teachers, bus drivers, and others should never leave a child unattended on a vehicle for any period of time. Children lack safety awareness. This is especially true for elementary school and day care children. Schools, day care centers, and summer camps should have a policy / procedure, checklist, and a check / balance system to make sure that no children is left unattended or alone in a school bus, van, or other vehicle. Setting policies and following policies will save lives. Taking shortcuts or relying on pure memory and attention can lead to serious personal injuries to children. In Richmond, Virginia, officials are investigating an incident in which a five year child was forgotten or left on the a bus. The student was supposed to be taken to Summer Hill Elementary School. It was reported that the driver as a substitute driver who failed to or forgot to check the bus when it was parked. This was a policy in place for the school district. It is great to have policies. It is also important to train drivers on these policies and for the policies to be followed. You can read more about this story at Richmond Prosecutors and Police Investigate School Bus Incident.

For other articles on this issue, see also Greensboro, North Carolina Day Care Owner Sentenced for Hyperthermia Death of Child and Monroe County, Georgia - 21 Month Old Child Dies - Left Inside Parked Van All Day - Dangers of Leaving a Child in a Vehicle.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

There is a troubling and very dangerous game out there called "Sack Tapping" that boys are playing. The game is no laughing matter because many boys are suffering serious personal injuries to their groins / testicles that require emergency room care and, in some cases, surgery. Sack Tapping is painful, humiliating, and quite dangerous. Has your child been a victim of "Sack Tapping"? If so, there are several actions that you can take to address the problem. First, get your child medical care if needed to make sure that your child's medical needs are addressed. Report the incident to the school and, if the situation warrants it, to the police. If injuries are serious, a parent can seek out a Child Injury Lawyer for consultation and representation. If there was a failure to supervise the aggressive child, then a claim may be brought against the school or other organization charged with supervising the children. In addition, there may be an action against the parents of the aggressive child through a homeowner's insurance policy or through other avenues. If you see children engaged in this dangerous activity known as "Sack Tapping", stop the children and counsel them on the dangers. For more information about this dangerous fad or trend, see ' Sack tapping' - boys punching classmates in the groin - leads to serious injury, amputation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

At times, medications, that are put out in the market to treat children, can actually put children at risk or cause personal injuries or illness. PediaCare children's medicines, manufactured by Johnson & Johnson, were recalled due to problems at a plant where poor quality standards or issues were identified. The medications involved in the recall included PediaCare Decongestant and PediaCare Allergy and Cold, PediaCare Multi-Symptom Cold, and PediaCare Long Acting Cough. For more details, see Children's Medications Recalled.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Harry Crowther, is an 11 year old British boy, that has an aging disorder called Atypical Progeria Syndrome. According to news report, he is in the only person at the current time in the world with this disorder. Even though this aging disorder has caused him ongoing pain, discomfort and stiffness that is common with old age, Harry is doing his best to play like other 11 year old boys. He likes climbing trees and riding skateboards. It appears that this child has a lot of heart and courage despite the stress and pain associated with this disorder. You can read more about this remarkable young man at Boy, 11, Ages Five Times Faster than Friends.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Toddlers are at risk for choking incidents in homes and day care centers. Due to this real danger, parents, babysitters, teachers, day care providers, and child care workers should take precautions to remove items from the reach of children that may lead to a choking incident. Parents and caregivers should be super diligent in monitoring what a child eats, what is within reach of a child, and what toys are available and appropriate for a child. It is estimated that approximately 2.5 million children in the United States experience some type of choking episode or incident every year after consuming or swallowing a foreign object. Of these, medical researchers estimate that 2,000 deaths result every year. This is a staggering number considering that many such incidents are avoidable with proper supervision, consistency, and some common sense. One suggestion from medical experts is to do a "Toilet Paper Tube Test." If an item can fit through a toilet paper tube, it is too small to be left within the reach of a child. Safety precautions and solid supervision can help prevent many choking incidents from taking place. This would certainly reduce the number of associated choking personal injuries to children. You can read more at Doctors Warn of Choking Hazards to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Dakota and other States, it is quite tragic that incidents of Shaken Baby Syndrome continue to be reported. The simple and violent act of shaking a baby can result in serious brain damage and even death. Never - ever shake a baby for any reason. Whether it is done in fun, in anger or for discipline, a child's brain and skull cannot withstand the force of an adult shaking the child. In Eagle Butte, South Dakota, it was reported by the Rapid City Journal that Nicholas Allan Rivers, age 30, pleaded guilty to criminal charges of assault resulting in bodily injury. The incident causing serious child personal injuries took place on May 4, 2009.

The safety and well being of a child under the care of a parent, friend, neighbor, teacher, or day care provider should take precedence over all other matters. Keep children safe and it should be repeated - never - ever shake a child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, day care providers, teachers, babysitters, siblings, and other should pay attention to some simple but important advice - NEVER EVER SHAKEN A BABY. Babies and infants are very fragile. There brains and skulls are still developing. A person would not typically throw a television or glass to the floor. As such, why shake a baby? A television or glass can be replaced. A baby's brain function, health, and welfare are not as easily fixed or replaced. Severe medical complications can and do result from Shaken Baby Syndrome. You can read more about this topic at Never, Never Shake a Baby. See also Shaken Baby Syndrome - Texas Man Alleged to Have Caused Injuries to Child.

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

In Massachusetts, child safety advocates are trying to get tougher or more restrictive All Terrain Vehicle (ATV) legislation put in place. Currently, Massachusetts laws allows a child 10 years of age and older to ride on an ATV with adult supervision. Proposed legislation would raise the age in Massachusetts to 14 and older. Katie Kearney is a mother and a proponent of such legislation. Her son died following an ATV accident in 2006 after he suffered serious traumatic brain injuries. He was riding the ATV at a friend's house.

Dr. Lois Lee, the director of Children's Hospital Boston - Emergency Department Injury Prevention Program, points out that there is a substantial risk of injury and even death to children who ride on All Terrain Vehicles (ATVs). Statistics show that
injuries there were 900 child personal injuries reported between 2004 - 2005 in Massachusetts. Approximately a quarter of these injuries required treatment in intensive care for serious personal injuries. Some even had serious traumatic brain injuries.

Yes, ATVs are fun but they are truly dangerous vehicles especially for children. You can read more about this story at Families Pushes for Tougher ATV Legislation in Massachusetts.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia, a 21 month old child died as a result of being left unattended in a parked van while the mother was working at an elementary school. The incident happened at
Samuel E. Hubbard Elementary School in Forsyth, Georgia. The mother, India Chatmon (age 23) had left the child in the van as she was working in the school. Once it was discovered the the child was left in the van, the child was rushed to a local emergency room - Monroe County Emergency Room. Unfortunately, medical intervention could not save this child.

This is a sad and tragic story. It is also one in which the child's death could have been prevented assuming that an autopsy confirms that the child died from hyperthermia or other causes related to being left unattended and unsupervised in the van. You can read more about this story at Georgia Child Dies After Being Left Unattended in a Vehicle.

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

In Dallas County (Red Bird), Texas, a 7 month old (Briana Jones) was forgotten in a vehicle and died. When the child was found, she was rushed by paramedics for emergency treatment at Methodist Charlton Medical Center. It appears from the facts presented that the child died from heat exposure or heat stroke. Unfortunately, deaths of this nature continue to occur because parents, babysitters, and caregivers continue to be forgetful and leave children unattended in vehicles that get a lot hotter than most people realize. Furthermore, there are other dangers to leaving a child in a vehicle unattended.

Some experts estimate that the inside of a vehicle can reach temperatures exceeding 120 degrees when the temperature is 80 degrees outside and the vehicle is exposed to direct sunlight for an hour or so. You can read more about this story at 7 Month Old Dies After Being Left Unattended in a Vehicle.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children enrolled in a day care center have a right to be cared for in a safe and clean environment. Day care workers should dutifully supervise the children and make sure that the children safe and kept away from dangers and hazards. Some day care workers and centers take short cuts in care and take actions that are harmful to children. Some day care workers even drug children to make them tired and easier to care for. In Spain, one such day care worker was caught and is being charged with a crime after many children were hospitalized. Laboratory test showed that the children were given or ingested benzodiazepines which is a drug prescribed by doctors to patients with anxiety, sleep disorders and panic disorders. It is certainly not a drug that doctors prescribe to make a day care worker's job easier. You can read more about this story at Day Care Worker Charged with Drugging Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In David City, Nebraska, a family and community are mourning the loss of an 11 year old boy who died playing a game that is played by children. It is no ordinary game as it can be deadly or cause serious injuries including brain injuries. The "Choking Game" or "Fainting Game" involves the use of a belt or other item for strangulation or a form of hyperventilation. Whatever the mechanism - the goal of the "game" is to get a type of high from cerebral hypoxia which means an oxygen deprivation of the brain. It is a dangerous practice that can and does lead to deadly consequences. There is a website dedicated to discouraging or eliminating this deadly game titled GASP (Games Adolescents Shouldn't Play).

You can read more about the tragic death of Drew Fiala at Nebraska Boy Dies Playing Choking Game.

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

The Food and Drug Administration is considering the possibility of putting a tanning bed ban in place for children under the age of 18. Medical experts argue that there are known dangers from ultraviolet light and tanning beds. Skin cancer is a big concern for health experts. Teens often times do not understand or appreciate the risks of tanning beds or overexposure to the sun. It is important for teens and parents alike to understand these dangers and take precautions against the risk of overexposure which can and does lead to health problems like skin cancer. You can read more about these issues at FDA Considering Ban on Tanning Beds for Those Under 18 Years of Age.

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

In Houston, Texas, a family is grieving the death of 3 month old Kamron Kelly. Police believe that the mother's boyfriend (Nathaniel Flowers) shook the baby which in turn caused injuries consistent with Shaken Baby Syndrome. A neighbor had attempted to revive the baby after he was contacted by Nathaniel Flowers. During the CPR efforts, it was reported that Flowers attempted to leave the area or scene. The baby died two days after the incident after being in critical care at Texas Children's Hospital.

Mr. Flowers will be entitled to legal representation on these criminal charges from a Texas criminal lawyer or a public defender. It is expected that the case will involve forensic evidence and testimony from doctors, pathologists, and the medical examiner as well as eyewitnesses and family members.

Despite everything that is known about Shaken Baby Syndrome, incidents involving the shaking of a baby leading to brain injury and death continue to take place in Texas and other states. Babies, infants, and young children need our care, attention and supervision. Children will dry and will be loud at times. This goes with the territory of being a parent or caregiver. You can read more about this story at Houston, Texas Baby Dies from Shaken Baby Syndrome According to Police.

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

Matthew Wayne Lightbody of Brick New Jersey, was caring for a nine month old girl in his home when the girl went into convulsions. Lightbody called 911 right away, but when emergency responders arrived they found the girl unresponsive and bruised all over her body.

Lightbody told police that has was simply playing with the child when the injuries occurred, but according to the police report, the child appears to have been kicked and hit while Lightbody was “playing aggressively” with her.

The girl was taken to Jersey Shore University Medical Center in Neptune, New Jersey. She is listed in critical condition.

Lightbody has been charged with second-degree counts of endangering the welfare of a child and aggravated assault. He was also arrested on several other outstanding warrants and is being held in the Ocean County Jail on $100,000 bail.

The girl was not named and there was no mention in the report of who her parents are, or where they were when the injuries occurred. Parents need to thoroughly check into the competency of anyone they entrust with the care of their child. Unqualified caregivers are subject to becoming frustrated easily and striking out at an innocent child with inappropriate force. While a person charged with a crime deserves his or her day in court, a person with several outstanding arrest warrants does not seem like a good candidate for a baby sitter.

Read more about the baby girl from New Jersey who was abused by a caregiver at 9-month-old girl from Brick critically injured by caregiver, police say.

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

Two year old Olivia Raspanti choked on a carrot and died last year while attending the Carousel Day School in Hicksville, New York. Olivia apparently took the carrot from a teacher’s bag and tried to eat it. She choked and was taken to the hospital where she later died.

Eugene Formica, the daycare center’s owner, and Kathryn Cordaro, the manager, were both arrested, and pleaded not guilty to several charges, including misdemeanor charges of second-degree reckless endangerment, misrepresentation by a day care provider and not having a required license and a felony charge of reckless assault of a child by a day care provider. The Carousel Day School faces the same charges and may be fined up to $25,000.

This past week, Nassau County, New York prosecutors announced that the pair had been indicted by the grand jury. The felony charge could result in a prison sentence of up to four years, while each misdemeanor has a maximum one year sentence. Formica and Ms. Cordaro’s attorneys called the indictment “unwarranted” and “preposterous.” The teacher from whose bag the carrot was taken was given immunity to testify against the pair in court.

Authorities reported that the school lacked a license to run a daycare center for children under thirty three months of age and that it had unsafe conditions. They further charge that Cordaro didn’t do all she could to save the child’s life, in spite of the fact that the Nassau County Child Protective Services called the death a “tragic accident.”

Lisa and Anthony Raspanti, Olivia’s parents, are suing the daycare center. Read more about this case at Owner, manager of school where girl choked indicted.

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 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.