Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the American Academy of Pediatrics, every five days a child dies in the United States from choking on food. That makes choking the number one cause of death for children under fourteen, although children under four are most at risk.

The group is now calling on legislators and manufacturers to put in place a system of labeling certain high-risk foods to warn parents of choking risks. It points out that there are many laws and regulations aimed at preventing children form choking on toys, but no consistent program for labeling foods that pose the same type of risk. In addition to lack of regulations, there is also no central repository for data on childhood deaths caused by choking on food. The Academy would like to see that change, as well.

Certain types of foods are more likely for kids to choke on. These foods are usually cylindrical and about the size of a child’s throat. Foods mentioned specifically included hot dogs, grapes, baby carrots, apples and peanuts. The Academy has released some tips for parents to deal with risky foods:

• Cut the food into smaller pieces so it is not the right size to block the child’s throat. This includes cutting hotdogs lengthwise and grapes into quarters.
• Don’t give small children hard to chew foods like hard candies, nuts and baby carrots.
• Keep children in an upright seated position when eating.

Read more about the American Academy of Pediatrics’ initiative to prevent childhood food choking at Labels urged for foods that can choke kids.

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 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.

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

The Consumer Product Safety Commission has recently imposed new regulations on manufacturers of baby products. Industry insiders speculate that the new rules were prompted by a recent rash of baby product recalls.

The rules, which were passed unanimously, will require, among other things, that manufacturers keep track of all product owners, by giving customers a postage paid registration form with the product. The manufacturer must then keep the customer’s information on file. The Consumer Product Safety Commission passed this rule to make sure that parents can be informed of life-saving recalls as soon as possible.

In 2009 three major recalls of baby products were issued after serious injuries occurred. The defective products included an infant car seat with a defective handle, a crib that caused injuries, and a stroller that caused finger amputations. Hopefully these new regulations will help parents keep their children safe from dangerous and defective products.

Find out more about this story at ABC News Reports on New Baby Consumer Product Regulations.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A serious defect with restraint straps has led IKEA to recall its “Leopard” style baby highchair. Parents, who own a Leopard highchair, are advised to stop using it right away and return the chair to IKEA. They will receive a full refund. According to a store press release, the chair has problems with its snap locks, which could cause the seat to fall out from under a child while it is sitting in the highchair. Loose snaps would also pose a choking hazard for small children. The company has received eleven reports of defective restraint straps, and one report of an injury related to the defective straps.

According to a company spokesperson, any child seats sold at IKEA are us. It is troubling that a large, established company like IKEA would begin selling a children’s product without thoroughly testing it first. If an injury case related to these defective highchairs goes to trial, the company’s product testing policy will likely be central to the case.

Read more about the IKEA defective highchair recall at IKEA recalls highchair.

If your child has been the victim of a defective product, please contact our firm for child injury legal counsel.

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

A five year old boy from West Wales, United Kingdom, fell off a child’s motorcycle that he had been given as a Christmas present. He suffered serious head injuries from the fall and died after being taken to the local hospital. The child was reportedly playing with the gift in an enclosed playground when the motorcycle accident took place. His father had taken him to the park to practice, since it was closed to automobile traffic over the holiday. Unfortunately, because the enclosed area is usually used for driving practice, it has a concrete surface. According to a neighbor, the park was locked up, but the short fence would be easy for someone to hoist a bike over. Police are calling this a tragic accident. They would not say if the child was wearing a helmet at the time of the accident.

Motorized vehicles, such as motorcycles, all terrain vehicles (ATVs), and go-karts are very popular among kids. Unfortunately, if they are not used with appropriate care, supervision and safety precautions, these toys can turn deadly.

Find out more about this tragic motorcycle accident that took the life of a child at Boy, five, dies after falling off child's motorbike he was given as Christmas present.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Oscoda Township, Michigan police are investigating an accident in a supermarket parking lot that took the life of a twelve year old girl. Reportedly, the driver of a 1999 Buick was backing out of his parking space when he lost control of the vehicle due to an alleged mechanical failure. The car spun out of its spot in reverse, crashing into the entrance of the market where a woman and three children where exiting. All three children were hit by the car, the twelve year old died at a local hospital, a nine year old girl was airlifted to the hospital, and a four year old boy was treated and released. The driver of the Buick has been questioned, but no charges have been filed.

This very tragic accident is an example of the terrible injuries that can be caused by a mechanical failure. While the specific failure in this case was not mentioned, it will certainly be the subject of much scrutiny if this case goes to court. Find out more about this tragic accident that took the life of a child at Police Investigating Child Death in Iosco County.

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

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.

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

According to a British organization, the Child Accident Prevention Trust, attractively packaged capsules containing dishwashing detergent pose a serious poisoning risk for children. The capsules contain highly-concentrated detergent, which can cause serious chemical burns. According to the Trust, “hundreds” of children are being poisoned, and they attribute an 11% increase in calls about accidental poisoning to the introduction of the new tablets on the market. Toddlers have reportedly suffered chemical burns to the throat, eyes and skin after biting or playing with the tablets. The vibrant packaging and attractive design of the tablets are believed to make the poison more attractive to young children.

Parents need to be aware that these tablets may be extra attractive to children and take care to keep them out of their reach. Because children are oblivious to the dangers of playing with or eating dangerous objects, it is up to the parents to maintain proper child safety measures to keep their offspring safe from harm. Parents should keep emergency phone numbers, including poison control, within easy reach in case of an accident. Manufacturers can do their part by clearly labeling hazards as required by law and by being careful to avoid designing hazardous products that resemble toys. This includes brightly colored packaging as well as the design of the products themselves. Find out more the poisoning dangers at Wash capsule ‘danger’ for kids.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

This past February, the United States Court of Federal Claims in Washington, DC handed down decisions in three test cases concerning childhood vaccinations and Autism. Their ruling was that vaccines, specifically the MMR vaccine and any vaccine with Mercury-based Thimerosal as a preservative, do not cause autism. The decision came after nearly ten years of debate and accusations between parents of autistic children and the makers of the childhood vaccines parents believed caused their children’s autism.

There is less than medical certainty as to the causes of Autism and the dangers of certain vaccines. Many conclusions are yielded from data and studies that are limited in their scope, depth, and population.

Everybody can and should agree that Autism is a very real medical challenge that parents have to deal with every single day. Hopefully, medical studies and research will continue to try to find the cause or causes of Autism and some form of treatments and improved therapies for Autism.

Find out more about this story at Why Does the Vaccine/Autism Controversy Live On?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Roche, a drug manufacturer, withdrew Accutane from the market place. For years, Accutane has been a popular and helpful medication in dealing with Acne and other medical problems. Accutane boasted a high percentage of effectiveness even with some of the worst cases of Acne involving teenagers as well as adults. Unfortunately, there was a reported side effect from Accutane in the form of inflammatory bowel disease. As such, the drug was pulled form the market.

You can read more about this story at >Drug Manufacturer Withdraws Accutane from Market.

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

During the holiday season, parents, grandparents, other relatives, and friends purchase gifts for children. The toy aisles at Wal-Mart, Target, and Toys R Us are filled with busy shoppers intent on buying that perfect toy for a child. Unfortunately, many toys are dangerous to children. Consumer groups and organizations like WATCH - World Against Toys Causing Harm - make it part of their mission to report on dangerous toys causing injuries or presenting a danger to children. An article posted by CBS 7 - Your Eye on West Texas reports the 10 worst toys according to WATCH. For those buying gifts / toys this holiday season, do your best to buy safe toys that are appropriate for both the age and size of the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

With Christmas coming soon, parents and grandparents are gearing up to buy toys for the children in their lives. But gift shoppers need to be careful, a number of toys have been recalled because they have been found to contain more than the allowed amount of lead. Unfortunately, some of these items are still for sale on some internet channels, so buyers need to beware.

The Consumer Products Safety Commission is reporting that the MacPherson’s Company (operating as Art Alternatives) has issued a voluntary recall on a product called “Little Artist Easels” and is encouraging parents to take the toys away from their children, and exchange them for new ones. The toys with the lead problem were manufactured in China, and are mostly sold in art supply shops and over the internet. The recall is for all such toys purchased from July 2004 until the present. Items subject to recall will have the item number, A13301, and a UPC code of 082435133010. If parents want to exchange a toy, or if they do not have access to the item code or UPC code, they can call the company at 1-866-319-5335 between 8am and 4:30 pm (PT) Monday through Friday, or email recall@macphersonart.com.

Lead poisoning can lead to lower IQ, anemia, muscle weakness, and brain damage. Concerned parents can visit CDC Lead Recalls.

Read more about other recalled toys at Parent alert: Toy recall manufactured in China – contains lead.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A baby stroller manufactured by Maclaren, a British Company, has been recalled. The strollers were sold between 1999 and 2009. Apparently, there were a number of complaints regarding a hinge on the stroller than caused injuries / amputations to children using the stroller. Parents are being advised to stop using the strollers due to these safety risk. The recall of a product is an important action to take to help prevent further injuries from taking place. You can read more about this stroller recall at Baby Stroller Recall Announced.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Interstate 35 is a busy highway connecting the Twin Cities to northern points of Minnesota. Eric Sprouse, age 19, lost control of his pick-up truck and swerved into oncoming traffic while travelling northbound on Interstate 35. The driver and a young child in the other car were both killed and pronounced dead at the scene. Sprouse suffered life threatening injuries and was taken to a local trauma center by helicopter. His passenger also suffered injuries and was hospitalized.

State Patrolman Captain Matt Langer reportedly said that he believed the accident was preventable. The accident took place on a stretch of busy highway that has no safety barrier in the median.

Any time an accident like this occurs, there are many questions that need to be answered during the investigation:

*Was Sprouse a licensed driver?

*Was he travelling at the posted speed limit?

*Were there other vehicles that may have contributed to the accident?

*Were there any witnesses to the accident?

*What were the conditions of the road and the visibility on the day of the accident?

*Were the occupants of the vehicles wearing their safety belts?

*Was Sprouse’s vehicle operating properly, or could there have been a break down or malfunction?

Find out more this tragic accident at Man, Child Killed in Forest Lake Crash.

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

A woman, Ebere Ozonwu, was rushing to make her train in Chicago this week when she unintentionally put her own child in danger. According to witnesses, the woman had started pushing her child, who was in a stroller, into the train car when the doors closed on it and the train started moving. The woman and other horrified onlookers watched as the stroller slammed against the wall of the tunnel it was entering and the child was thrown out onto the tracks. The little girl was hospitalized but has been released.

Safety features on the train doors should have prevented it from closing when the stroller was in the doorway. The Chicago Transit Authority (CTA) and the Chicago police are investigating the accident, and so far they have found no problems with the train’s safety features. The train’s driver, who continued to make five more stops before realizing what had happened, has been taken off duty. The train has been taken out of service until the incident can be investigated further.

While it is still not clear what happened in this case, it is clear that people need to use caution and common sense when they are around trains and other potentially dangerous objects.

You can read more about this accident and the good Samaritans who helped save the baby at Toddler thrown onto CTA tracks in accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Consumer Product Safety Commission (CPSC) has recalled several styles of roman blinds and roller shades due to the possibility that they might pose a strangulation risk for children. No fatal incidents have been reported.

ISDANS, TUPPLUR, and ENJE Roller Blinds sold at IKEA Home Furnishings from July 2005 to July 2009 have been recalled by IKEA. Consumers can receive a free repair kit from IKEA starting in November of 2009. No injuries have been reported from the use of these shades.

Faux suede roman shades, sold at Hanover Direct/Domestications and via the Internet at www.domestications.com and through catalog sales nationwide from January 2004 through December 2008, have also been recalled. A two-year-old boy reportedly injured himself after becoming tangled in the cords of the shade. Affected customers can get a free retrofit kit for their shades from the company.

Another brand of roman shades, Dublin Energy Solution Roman Shades sold by Bed Bath & Beyond have also been recalled. Two minor injuries have reportedly been caused by the shades. Customers can get a free repair kit from Louis Hornick & Company.

To find out more details about which shades were recalled and how to get your free repair or retrofit kit, go to More Window Blinds Recalled for Strangulation Hazards.