Child Injury Lawyer Blog

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Alisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

Schlagenhauser was also caring for the child’s 7-year-old brother along with two other children when the alleged abuse occurred. Law enforcement officers interviewed Schlagenhauser who purportedly admitted to drinking tequila and beer at the water park. Cops also found marijuana and a pipe on Schlagenhauser. She is being charged with child endangering, drug possession, and assault.

It is important for parents to ensure their children are being cared for by responsible and trustworthy people. Parents must closely observe the behaviors and actions of the people they entrust to care for their children. If there is ever any sign of abuse or alcohol or drug related activities, parents should terminate the employment of these caretakers and find a more responsible person to care for and supervise their children.

For more information, see Drunk babysitter charged after assaulting four-year-old autistic boy at water park.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quest Alliance, a day care center for special needs children located in Phoenix, Arizona, is charged with negligence for the second time after 6-year-old Tanner was left in a hot van, in the middle of the day, for more than an hour.

In 2007, Quest Alliance was charged with negligence after Jason Allan, who was an autistic 8-year-old, wandered away from the facility and was later found dead in a nearby canal. Allan had drowned.

The incident involving Tanner is now the second incident of negligence from this day care center. Luckily, Tanner was rushed to the hospital after his mother, Tracy Roberts arrived at the day care center and found her boy strapped and locked in the car. At the hospital, Tanner was pumped with fluids and later sent home.

It is unfathomable that this negligence not only happened once, but also happened twice. Although Quest Alliance took immediate action after the 2007 incident by devising a corrective plan to attempt to avoid future incidents from taking place. Clearly, something went wrong again. Employees working at day care centers especially need to be more aware of their surroundings and the children under their care, supervision, and guidance. There is no excuse for children wandering off, or children being locked in day care vans. Parents need to make sure that the day care centers they leave their children with are well equipped with precautionary measures, rules, and protocols.

For more information on this incident, see “Arizona Day Care Under Investigation After Boy Left in Sweltering Van.”

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

A Texas state inspection revealed that in April 2008, staff workers at Daystar, a center for distressed children 30 miles south of Houston, provoked seven developmentally disabled girls into a fight. The staged fight resulted in biting and bruising as the staff members laughed and cheered on the spectacle. If the fight is not disturbing enough, no criminal indictments were sought against the perpetrators nor did Texas lawmakers press a state agency for answers about how this despicable act could have occurred. Instead, two staffers were quietly fired and their names have been kept secret by the Texas Department of Family and Protective Services (DFPS).

Residential treatment centers, like Daystar, are designed to provide treatment for the most troubled or disabled children taken into foster care. Children in these facilities suffer from serious emotional and/or health issues. Residential treatment centers have received more than $300 million to care for these children.

Day care centers and residential treatment centers exist in order to provide care and safety to children. It is a tragedy when abuse or neglect takes place in these facilities. Taking advantage of abused or disabled children is morally repugnant and offenders should face serious consequences. Children who are abused and neglected are likely to suffer from a lifetime emotional and physical trauma.

To read more about this incident and other incidents of day care abuse see Disabled Teens Forced into a Fight at Treatment Center.

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

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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

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

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

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

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the U.S. Defense Department, around 220,000 service members have dependents with Special Needs. But tending to a Special Needs child can be very difficult for military families. Every time the family is transferred to a different school district, parents must figure out the intricacies of local Special Education policies. For spouses of deployed soldiers, the task becomes even more difficult, as they are often forced to deal with it alone.

The Marines and the Army have recently stepped in to provide support to parents of special needs children. For example, the Marine Corps will provide parents with a caseworker and a special education attorney to help them straighten out their child’s educational plan with the local school district. The professionals will accompany parents to meetings with school and, if necessary, to court. Not surprisingly, school districts are more eager to negotiate with a special needs lawyer in the room.

In spite of the positive results of the program, the U.S. Department of Defense reports that fewer than half of all eligible military families have taken advantage of it. Reportedly some service members are afraid that participation will limit their chances for promotion, due to the fact that enrolled members can only be transferred to bases where specialty doctors are available to address their child’s needs. But recent additions to the program, such as forty hours a month of free respite care and attorney help with legal issues has increased enrollment by forty percent.

Find out more about what the military is doing to help families with Special Needs children at Military helps families find care for special-needs kids.

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

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

An Illinois Court of Appeals recently upheld the right of an Autistic child, Carter Kalbfleisch, to bring his service dog to school. The court upheld an earlier ruling by the Monroe County Court that allowed the child to bring his autism service dog, named Corbin, to school with him. The Monroe County Court decision had been appealed by the Columbia School District. The School District argued that the dog would be disruptive and that some of the other students might be allergic to it.

After the initial ruling, the School District declared that it could not meet Carter’s educational needs, and sent him to school at the Illinois Center for Autism. The School District agreed to pay for his schooling at the center, but refused to pay for transportation for Carter and Corbin to and from school. The family is hopeful that Carter and Corbin will be allowed to return to school together. The School District still has the option to appeal the decision to the Illinois supreme court. You can read more about Carter’s fight to stay in school with his Autism service dog at Autistic student’s right to service dog upheld.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Autistic children can be hard to control, especially out in public where they may try to run away – sometimes into a busy street. While it is important for an Autistic child’s development to go out in public, parents will need to learn special skills to keep them safe when they do.

In many cases, bringing the child’s teacher into the plan can be very helpful. Special Education programs often have special classes where they let the children practice how to behave in public. This can include eating in restaurants, shopping, and going to the movies among other activities. The children usually practice ahead of time with role playing games and story telling. They then spend a short amount of time in public, gradually lengthening the time spent as they become more comfortable with the routine. Families should work closely with the school so that they can continue and reinforce the training outside of school. After a lot of practice good behavior will become routine.

If the child continues to pull away or act inappropriately, routine discipline, such as depriving the child of a reward can help discourage inappropriate behavior. Other options include using a harness or considering a therapy dog specially trained for children with Autism. Find out more tips for keeping Autistic kids safe in public at Going Out Into the Community With An Autistic Child.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chelation is perhaps the best know “alternative” therapy for Autism. Defeat Autism Now, an influential Autism advocacy group, calls the treatment "one of the most beneficial treatments for autism and related disorders." Parents eagerly trade Chelation success stories on websites and chat rooms dedicated to the disorder. Chelation, as a treatment for autism and related disorders, has developed in response to the unproven supposition that Autism is tied to the accumulation of heavy metals, especially mercury, in the body. Treatment can vary considerably in its execution; forms include skin cream, pills, and even intravenous delivery of powerful medications designed to combat severe metal poisoning.

But skeptics argue that the test for heavy metals is itself faulty, as it is preceded by the delivery of a Chelating drug that causes the body to excrete heavy metals that naturally exist in the body. They argue that the Chelating drug actually increases the amount of trace metals found in the body, which are then “revealed” by the subsequent urine test. They further charge that the lab sends back results charted against a “normal” result that was obtained from someone who was never given the chelating drug.

Dr. Carl R. Baum, director of the Center for Children's Environmental Toxicology at Yale-New Haven Children's Hospital says that that is not a scientifically valid way to run a test. The American College of Medical Toxicology has become alarmed by the widespread use of this test and has warned parents and physicians that the test is widely misunderstood. They charge that proponents of the therapy rely on anecdotal evidence and have never run a well-designed study on the practice. Further, Chelation therapy in itself can be very dangerous, leaching necessary metals from the body and possibly causing cognitive and emotional impairment.

Read more about the controversy at Chelation based on faulty premise.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A study released by the University of Washington has shown that an intensive intervention program designed for toddlers with Autism, called the “Early Start Denver Model” can actually improve their IQ, language and social skills. Some of the children involved in the study were even able to attend regular preschool classes. Participants in the study were provided with intensive therapy in all areas of development by trained professionals who worked with the kids one-on-one for 2 hours a day, 5 days a week. The program also included training the parents so that they can reinforce lessons throughout the day.

The study only included children between eighteen and thirty months, but according to its designers, the program is suitable for children up to five years old. The American Academy of Pediatrics recommends children be screened for Autism starting at eighteen months, even though the age of first diagnosis for Autism spectrum disorders is closer to three or four years. The late diagnosis is attributed to a widespread lack of proper screening tools. The goal of the new program is to identify children much earlier so that they can intervene in the child’s brain development as early as possible.

The study’s authors will be publishing a step-by-step manual for their technique very soon. It will be complemented with web-based training materials. Find out more about this groundbreaking Autism study at Working Intensely Early on May Help Autistic 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 Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A special needs teacher at a South Carolina Elementary School, Rosemary Mills, has been arrested and charged with unlawful conduct toward a child. She was reportedly witnessed by a parent of one of the other children, screaming and grabbing the child by the back of the neck and forcing the child down into a chair. She then allegedly told the boy to get up and put his book bag away, and then shoved him once he stood up. The parent reported the incident to the school, and Mills was placed on administrative leave. Nancy Britt, director of human resources for the school district, filed a police report sometime later.

Many of the parents of children presently and formerly in Ms. Mills’ class have come to her defense, extolling her virtues as a teacher, and questioning the motives of the unidentified parent who reported her alleged abuse of the child. No matter the outcome of the case, schools should be safe havens for special needs children; it is important for a child to know that school is a place for learning and nurturing rather than a place for violence, assault, battery or attack. Parents and school officials who suspect abuse have a responsibility to report it to the proper authorities so that a thorough investigation can take place.

Find out more about this story at Special-needs teacher arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Taking care of a child with disabilities can be overwhelming. For many parents, that means they are unable or otherwise neglect planning for their child’s financial future. There are nearly 5 million children in the United States suffering from disabilities, and advanced healthcare technology allows many of them to outlive their parents. If the parents fail to plan for the care of their child after their own passing, that can place a heavy burden on other family members or may leave the child without any support at all. That makes the need for financial educational and planning resources for this group more critical than ever.

Planning for a special needs child’s future can be very complicated, requiring expertise in a variety of federal and state laws. The good news is that the high demand for these services in recent years has prompted many well-respected financial planning firms to develop programs especially for families with special needs children. Many businesses / programs / organizations train their employees to deal with the financial, legal and emotional issues of planning for a special needs child’s financial future. They may enlist the aid of an attorney, an accountant, and even social workers and other caregivers to create a well-rounded plan.

Parents should seek guidance in these matters as early as possible in order to avoid making costly mistakes. Find out more about financial planning for special needs children at Children with special needs face uncertain financial future.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The House of Representatives recently passed its version of the Healthcare Reform bill (HR 3962). Parents and guardians of special needs children will most likely benefit from two aspects of the bill: health insurance companies would no longer be able to deny coverage based on pre-existing conditions, and the public insurance exchange option. Of course, the Senate still has to pass its own version of the bill, and the two bills will have to be blended together and voted on again – but so far the news looks good for children with special needs.

The pre-existing condition clause will doubtless help many children with special needs retain insurance coverage – which can be critical in getting them proper medical attention for their conditions. In the past, any time a parent left a job they would need to sign up for new insurance, and the new insurance company would be able to deny coverage for any medication, treatments, and doctor visits related to the special needs diagnosis, if the child was diagnosed before the new insurance was purchased. This can lead to poor services for the child in need and cause financial ruin for their parents as they try to get them the help they need.

The other benefit for special needs children is the most debated aspect of the new bill: the public option. A public option would work much like Medicare or Medicaid, offering a more affordable alternative that makes it possible for parents of special needs children, even those with low incomes, to attain coverage for that child.

Read more about the benefits of healthcare reform at Special needs kids' parents should rejoice over health care bill's passing.

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

Consumer Watchdog has filed a lawsuit alleging that California state insurance regulators allow insurance companies to deny necessary treatment to autistic children in violation of state law. The lawsuit seeks to compel the California Department of Managed Health Care to order health plans in the state to cover applied behavioral analysis (ABA) for autistic children if it is deemed medically necessary and is appropriately administered. A Los Angeles Superior Court Judge, James Chalfant, has ruled that the case may proceed to trial.

ABA is a therapy that teaches children how to eat, play and learn. It can cost more than a thousand dollars a week, and most California health insurance companies consider it “educational therapy” and decline to cover it. The case may ultimately hinge on the definition of a licensed provider. You can find out more about this impending case at Suit challenges state's autism practices.