Child Injury Lawyer Blog

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Missouri and other States, the loss or death of a child is a parent's worst nightmare. The stress and trauma from the child's death is often times exasperated when the cause is unknown. It is event worse if an investigation later reveals that the death could have been prevented. When a child dies from unknown causes, an autopsy is typically performed to determine the cause, manner, and, yes, the preventability of the death of the child. While an autopsy will do nothing to bring back the child, the results of an autopsy can provide a family with needed answers in their time of grief. Furthermore, autopsy investigations and results can result in actions that end up protecting other children from similar deaths or personal injuries. Proving the causation of a child's death can be an extremely complicated medical and legal matter. Because of this, it is helpful to have the the advice, consultation, and representation of a Child Injury Lawyer on these matters.

In December 2011, Wal-Mart pulled a shipment of baby formula off the shelf in response to the reported death of a Missouri baby. In fact, the formula was removed from 3000 of Wal Mart's stores as a preventative measure if the formula played a role or was a causative factor in this child's death. The formula at issue was 12.5 ounce cans of Enfamil Newborn powder. While testing with the manufacturer - Mead Johnson Nutrition - showed that the lot was negative for bacterium prior to shipment, Wal Mart made the business decision to pull the formula off of the shelf pending further investigation and information. See Wal Mart Pulls Baby Formula Off Shelves of 3000 Wal Mart Stores.

Avery Cornett, a newborn, was transported to St. John's Hospital, after he was noted to be lethargic and appeared to have some kind of stomach ache. Testing later revealed that the child had Cronobacter Sakazakii which is a rare form of a bacterial infection. The child's condition deteriorated and he was put on life support. Avery died after the life support was discontinued.

It was reported that health department officials will be investigating this matter to determine what factors may have caused or contributed to the child's death including an analysis of the formula, water, and other environmental factors.

When a child dies or suffers personal injuries, there are often times many issues for a parent to deal with including potential legal and insurance issues. The book titled - The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive a free book at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Most circumcision procedures are professionally performed in a manner that allows for a quick recovery period. Unfortunately, many children are left with permanent injuries following a circumcision procedure that is performed with defective equipment or by a doctor who fails to follow the standard of care for such procedures. Whether it is a defective product, a negligent doctor, or a combination of the two, injuries suffered during or following a circumcision can be quite serious and permanent in nature. Some people advocate for a ban on circumcisions while others advocate for them as long as the medical devices are proper and the doctors are well trained and able to perform the circumcision procedure. You can read more information on the dangers and risks of circumcisions at Injuries Linked to Circumcision Clamps.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Millions of children participate in youth sports every year. Generally, participating in a team sport is a fun and pleasant experience. It can also be a great learning experience for a child. Team sports can help teach leadership, team work, and sportsmanship. In some instances, participating in youth sports leads to serious personal injuries including but not limited to concussions and traumatic brain injuries. Safety is key to preventing or reducing the severity of head injuries when a child is participating in youth sports.

The Center for Disease Control reports that a concussion is a type of traumatic brain injury (TBI) is caused by a jolt, blow, or bump to the head that, in turn, changes or affects the manner in which the brain functions or operates. At times, the signs and symptoms of a concussion are difficult to observe. It is important for coaches, parents, and officials to be on the look out for the signs and symptoms of a concussion or TBI (Traumatic Brain Injury). See Managing Concussions in Children's Sports.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When there is a disaster or trauma in a child's life, there are many resources available to the children and parents intent on getting the child treatment for the physical injuries and counseling for the psychological trauma. The Winning Kids Club is a non-profit organization with a mission of helping children who have been the unfortunate victims of trauma and natural disaster. Paxton is a gentle, loving, and smart Saint Bernard who is the focus of the Saintly Bernard Comfort Therapy offered by the Winning Kids Club. Paxton has provided assistance and comfort to children and families victimized by disaster, death, illness, personal injury, trauma, and bullying. Paxton has also befriended children with autism, ADHD, and other challenges.

Gail Ghigna Hallas, RN, PhD, is the president and founder of Winning Kids Club, Inc. She is an author and advocate for the rights, safety, and well-being of children. The acts and commitment of Dr. Hallas have made turned this concept into a true mission of love and charity for the benefit of children. Go to Winning Kids Club to find out more about this organization. If you feel that a child or group would benefit from the services and resources of the Winning KIds Club, Paxton, and Dr. Hallas, go ahead and contact Winning Kids Club.

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

In California and other States, day care centers should be a safe and healthy environment for children. Unfortunately, some day care centers are unsafe and even health hazards for children. It was reported in Visalia, California that a day care center was temporarily closed due to a discovery / reporting of black mold at the California day care / child care center. The Child Development Center on the College of the Sequoias campus cleared out the furniture and took other steps to address the mold problem in the day care center. It was reported that the black mold was not problematic since it was not airborne; nonetheless, the facility was placed on quarantine. For more information see California Day Care Center Temporarily Closed.

If a parent is concerned about the health and safety of a child in a day care center, it is important for the parent to communicate such concerns to the teacher and staff of the facility. If there is a concern about a health issue, it is helpful to discuss the matter with the child's pediatrician and State authorities as necessary.

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

According to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

Children are inherently curious and do not always understand the dangers of their surroundings. It is an adult's and other responsible person's responsibility to lock away all poisons or other toxic chemicals - this is applies to the home as well as day care centers and schools. It is common for children to ingest cleaning products or other toxic chemicals because of brightly colored packing and designs. To read more on poison control around the home, school and day care facility please read Dishwashing Detergent Capsules Pose Risk for Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, some parents grapple with the dilemma of following religious beliefs and directives versus medical testing and evaluations for their children. An adult can make decisions for himself or herself as long as they are competent to do so. Since children are not legally competent and most do not have the maturity or knowledge to make an informed decision about medical care, children rely on their parents to guide them and direct them regarding health care. Unfortunately, some children suffer injuries and even death when a parent is guided by zealous religious beliefs that prevent or limit the medical care available for a child. Of course, each case or situation should be evaluated or judged on its own merits. While a person has the freedom of religion in the United States, there are often ethical, moral, and legal dilemmas when medical care is withheld from a child in the name ans spirit of religious beliefs. When these situations arise, there are many viewpoints to contend with including those of religious leaders, religious institutions, parents, medical doctors, medical ethicists, and, yes, the child. In Philadelphia, Pennsylvania, a jury recently convicted parents of the criminal charges of manslaughter regarding their choice to exercise the act of prayer over available medical care for their child. You can read more about this story at Choice of Prayer over Medical Care - Death of Toddler.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada and other cities, urgent care centers have opened as an alterative to traditional emergency rooms. Urgent care centers may be a good alternative to a local emergency room depending in the injury or condition involved, the needs of the patient, and the experience / skills of the staff at the urgent care center. Children should not be viewed as little adults or smaller adults because the medical needs of children can be much different than the medical needs of adults. Because of this, some medical providers advise parents to have a child seen by a pediatric doctor (when possible and available) following a child injury or for evaluation of a child illness. In Las Vegas, Nevada, the Las Vegas Sun reported that a pediatric urgent care center is serving the need of children in the area in need of its services. See All-Night Pediatric Clinic Offers Parents Alternative to the Emergency Room.

It is helpful for parents to have resources and alternatives when getting care for a sick or injured child. In most cases, the services of a pediatric urgent care center will be adequate; however, if there is a head injury or concern about a significant injury that may require immediate surgical intervention - go to an emergency room. It may be helpful to call the local urgent care center or emergency room ahead for some guidance on the matter. The pediatrician should also be used as a resource for child injuries or illnesses. Some pediatricians have a strong preference for follow up at a certain facility or by a certain doctor. The focus should be on the best interest and welfare of the child over all other concerns including costs, convenience, and timing.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Rock Hill, South Carolina, the death of a 6 week old child in a crowded Rock Hill day care center made news recently. As expected, an autopsy was performed in order to determine the cause of death. According to the medical examiner, the child died as a result of positional asphyxiation. This medical term refers to medical complication caused when a person's position prevents the person from breathing adequately. See Baby Died Of Natural Causes In Crowded South Carolina Day Care Center. It has been reported that even star athletes have died as a result of position asphyxiation. See Wikipedia Positional Asphyxiation. It is believed that the baby was faced down in the crib by the owner of the day care center.

The American Academy of Pediatrics (AAP) has recommended that parents and child care providers have babies sleep on their backs. This recommendation has been in place since 1992. Studies indicate that the SIDS (Sudden Infant Death Syndrome) has been reduced with this simple technique or habit of having babies sleep on their backs. See Recommended Sleeping Position for Infants.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children should not be left unattended in a vehicle. There are dangers to the children in the Winter, in the Summer, and all other times of year. In the Winter months, a child can be at risk for hypothermia if left unattended in a vehicle. Hypothermia can lead to serious medical complications including death. Weather and temperature are not the only dangers that parents and caregivers should keep in mind on the issue of leaving children unattended in a vehicle. There are also other risks of leaving a child unattended included by not limited to strangulation by seatbelts, doors, and power windows. There is also a risk for abduction. In addition, a toddler or child who can walk may just decide to wander away which can bring with it a whole host of other dangers and risks to the child. Whatever conveniences are gained by leaving a child unattended in a vehicle pale in comparison to the associated risks of leaving a child unattended in a vehicle especially during Winter and Summer months. See also Children Alone in Cars Not Safe In Winter Either.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Diabetes is a well known condition. With good management, a child can lead a happy and healthy life. When a parent, teacher, or caregiver does not properly supervise a child with diabetes, serious health problems and conditions can result. Because of this, it is important for parents, teachers, child care providers, and day care providers to be well informed on this important topic. Jamie Lenard writes the blog - Diabetes Meters Blog. With experience as a teacher, workshop leader, corporate trainer, and parent, Jamie Lenard has a good bit of knowledge and information to pass on to others. She has a very good section linked in her blog titled - Children with Diabetes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

USA Today recently reported results from a survey on bullying. The media attention devoted to the issue of bullying has resulted, at least in part, from reports of teens committing suicide following incidents or time periods of bullying by peers. Many such instances involve the ridicule of a student for his or her sexual orientation. For instance, Justin Aaberg from Minnesota hanged himself in his bedroom. It was reported that Justin was the frequently bullied or ridiculed for his sexual orientation. It is a shame that children as well as adults engage in bullying activities that are only meant to tear someone down. The results as you can see can be deadly and can forever change the lives of family members left behind in the wake of the bullying acts. You can read the results from the bullying survey at USA Today Survey - Most Teens Admit to Hitting Someone in Anger and Other Statistics.

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

Unfortunately Mississippi has been ranked as the State with the highest rate of child deaths in the nation. This is a distinction or ranking that no State would ever relish or want. The Child Death Review Panel for the Mississippi Department of Health has a mission to study the death rates, causes of death, and work to reduce these numbers or statistics. Each year, the Mississippi Child Death Review Panel studies these very important issues and then makes recommendations in hopes of preventing deaths to Mississippi children from causes or dangers that can be removed or lessened through the work and efforts of parents, care givers, driver, and health care providers. See Reporting and Bringing Down Child Death Rate in Mississippi. The various causes of death to children in the State of Mississippi included the following:

SIDS (Sudden Infant Death Syndrome);

Automobile Accidents (accounted for the greatest number of preventable deaths);

ATV (All Terrain Vehicle) Crashes;

Firearm or Shooting Accidents, Incidents, and Homicide;

Fire Deaths; and

Child Drownings.

The death of a child takes a toll on a family and the entire community. Statistics are just numbers. While these are important numbers and studies, they do not account for the number of lives that are affected or the impact that the deaths have on the parents, siblings, and other family members.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Mankato, Minnesota, the State of Minnesota Department of Human Services recently fined a day care center for failing to follow procedure in contacting 911 regarding the incident. While the State did not find that the day care center were negligent as to the incident itself, the State of Minnesota did fine the facility as to the timeliness of the reporting of the incident to 911.

This case shows that children are at risk for choking at a day care center. Grapes commonly cause choking problems for young children. This is or should be well known to all child care providers.

Golden Heart Child Care Center is located in North Mankato, Minnesota. The protocols for Golden Heart called for items such as grapes and hot dogs to be cut up for infants and toddlers up to the age of 3 years old. Hannah Kozitza was 4 years old at the time of the incident. While the facility policies and procedures did not require that the grape be cut up, there may be an issue or question as whether it was appropriate to feed a 4 year old a whole grape. The news report also did not mention one way or the other if the parents were made away (prior to the incident) that the child was being fed grapes at the day care center. The news report also did not mention whether the facility provided the child the grapes or if the grapes were sent in by parents.

Whole grapes are a known choking hazard for children. It is in the best interests of children to cut up grapes and hot dogs for children in pre-school or day care for children of all ages. You can read more about this story at Day Care Center Fined - 4 Year Old Choked at North Mankato, Minnesota Day Care Center.

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.