Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lithium batteries power small electronics and toys. Unfortunately, there is a risk of choking on these Lithium batteries by small children. Lithium batteries are often referred to as "button batteries". Lithium button batteries or small coin sized batteries can be found in toys, electronic equipment, and household items.

Wrongful death and serious personal injuries to children can result from the swallowing / ingestion of Lithium batters / button batteries. Children are curious and have poor safety awareness. As such, it is foreseeable that a small child or toddler would swallow a button battery. Parents, babysitters, caregivers, and other child care providers should be on the look out for button batteries and other small items that a child could ingest.

You can read more about this topic at Button Batteries / Lithium Batteries Pose Serious Health Risk to Children - Danger of Personal Injuries, Disabilities and Death to Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Consumer Product Safety Commission has issued a warning and recall notice for roman shades sold by Ethan Allen Design Centers under the Ethan Allen brand name. The recall involves over 150,000 shades, which are said to pose a strangulation threat if a child places his or her neck between the inner cord and the fabric back of the shade, or if the child wraps the inner cord or exposed loop around his or her neck.

The recall is for all styles and sizes of roman shades, which were custom, made-to-order shades priced between four hundred and a thousand dollars. The shades were made in a wide variety of colors, sizes and fabrics, and bear no markings indicating that they are Ethan Allen brand shades. Affected shades were sold at the stores from 1999 through December 2009.

Parents who have installed these shades in their homes should remove the shades from use immediately and contact the store where the shades were purchased to request a free repair kit. Many children have become entangled in the chords, and three children have been killed.

The United States Consumer Product Safety Commission would like to remind all consumers to carefully inspect any shades in their home to be sure that there are no exposed cords or inner cords. If such cords are found and children are likely to be present in the home, the shades should be replaced immediately.

See product pictures and get Ethan Allen recall contact information at the CPSC website: Risk of Strangulation Prompts Recall to Repair Roman Shades by Ethan Allen.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Douglas Cronberger of rural Norene, Tennessee thought he heard a prowler enter his home during the night. He got up to check it out, bringing his .380 caliber handgun with him. He thought the gun was unloaded. After checking the house and not finding anyone, he set the gun on the end table in the living room and forgot about it, then later went back to bed.

Sometime during the night, his three year old step-daughter, Cheyenne Alexis McKeehan, woke up and went out into the living room. She picked up the pistol and fatally shot herself in the abdomen. Police believe that the girl thought the gun was the remote for her Nintendo Wii video game, which was also kept in the living room and looks remarkably like a real gun. The girl had been playing the video game for several days before the incident occurred.

The child’s mother, Tina Ann CronBerger, was asleep in the house when the accident took place. Terry Ashe, the Wilson County Sheriff, is saddened by this tragic accident, but is working hard to get out the message that everyone needs to secure their firearms, especially those who have children of any age in the house.

Read more details of this tragic accident at 3-year-old fatally shoots herself after mixing up wii game with real pistol.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You might be surprised to find out that in everyday life, commonplace items or activities are much more likely to be dangerous or even fatal than the alarming accidents we hear about on the news each night. Unfortunately, people are much more likely to use caution when they are in a situation they perceive as being dangerous than they are when doing normal activities. But 1 million Americans are seriously injured in their own kitchens every year – and that is only one room in the house.

An example that parents should be especially aware of is the teddy bear. Which is more dangerous – a teddy bear or a real bear? In the last eighty nine years, eighty two Americans have been killed in bear attacks. Teddy bears and other toys account for twenty two deaths each year, and nearly one hundred and fifty thousand injuries. Most of these deaths and injuries happen to children. The most common teddy bear hazard is the small parts that can fall off and become choking hazards, like their glass eyes. Teddy bears are also tripping hazards. Tripping and falling can cause no harm at all or can result in death, if the child trips and falls down a flight of stairs or hits his or her head on the sharp corner of a coffee table.

So while you should use caution while hiking in the woods with your children, it is even more important to make sure that their toys are age-appropriate, that they are picked up and put away after use, and that they don’t have any small parts that can break off.

Read about more everyday, little known hazards at Dangers Of The Commonplace.

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.