Child Injury Lawyer Blog

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

San Luis Obispo County, California high school and doctors are using a program to help doctors and coaches better manage student athletes with concussions. The program provides brain testing for student athletes BEFORE there is an injury or concussion. With this baseline testing in place, doctors are better able to determine the objective effects of a concussion after the injury takes place. A similar program is in effect for the National Football League.

This is a sensible approach by this County and its high schools. In medicine, baselines are important to establish the patient's condition before an injury or condition takes place. You can read more about this program at San Luis Obispo County California High Schools Institute Program to Better Deal with Student Athlete Concussions.

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In communities throughout the United States, children participate in organized sports. For the most part, sports involve exercise, team work, team building, and fun. There is a competitive component involved in children's sports. Unfortunately, many coaches and parents get too involved with the competitive nature of the sport. Practices are extended and the concept of winning takes a front seat or priority to everything else. It is important for coaches, parents, and league administrators to "keep the eye on the ball" and make sure both the physical and psychological well being of each child is considered when conducting practices and when competing in games. Remember that an 8 year old child is still an 8 year old child. An article posted at The Advertiser.Com provided good advice and perspective on this topic. See Play It Safe When It Comes to Kids and Sports.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Kickball is a popular elementary and sometimes middle school game that has been around for years. Typically, the game is played without incident or injury. Unfortunately, children are injured playing kickball and other schoolyard games. A school district can be held liable or responsible for the injuries if the game is not safely organized or if there is improper or inadequate supervision that leads to injury. It is the responsibility of the physical education coach, teacher, and or aide to make sure that playing fields are safe, free from hazards like above ground sprinklers, exposed rocks or fences, holes in the ground, or a grossly uneven playing surface. If a child suffers an injury as a result of negligence, a child can then pursue a case or claim against the school district. Of course, the laws of each State differ. Furthermore, each school district has its own rules and regulations that should be reviewed to determine compliance with the same.

In Mankato, Minnesota, a lawsuit was recently settled involving a fractured ankle. It appears from the story published at the My Fox 9 Web site that the field equipment, namely the kickball base which was merely a folder, was inadequate or unsafe for play. You can read more about this story at Mankato School District Settles Personal Injury Lawsuit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Concussions in high school sports are being scrutinized that recent studies have revealed a high incidence of brain injury and trauma in professional sports like the National Football League. When a high school athlete like a football player suffers a concussion, the best interest of the child / student should be paramount to all other concerns namely competition / winning a game. The Fort Wayne Journal Gazette recently posted a good article regarding concussion in high school sports - Concussions No Longer on the Sidelines. If you have a child active in sports, this would be a good article to read to see what approaches and recommendations are being made when a high school athlete suffers a concussion.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

On news stations, You Tube, and other media outlets, a video of Elizabeth Lambert has hit the airwaves in a big way. Elizabeth Lambert is a college soccer player for the New Mexico Lobos. In a game versus BYU, Elizabeth was filmed pushing, punching, and then dragging another player down by the other player's hair. The action is rough. Some say that Elizabeth Lambert is a soccer bully . . . others may refer to her as a tough competitor. The videos do show that women's soccer is a competitive tough sport. It should be noted that on some plays other plays are pushing, punching, and grabbing Elizabeth's shorts. While she may have been provoked at times, Elizabeth Lambert seemed to retaliate with greater force. You can make the call by watching the various videos online of Elizabeth's play. You can view one such video at Elizabeth Lambert - Soccer Player.

Parents of young children playing soccer certainly should not use these videos as examples of play, sportsmanship or technique. Serious personal injuries can result from such play and conduct.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents can sometimes have a hard time determining when it is appropriate to take a child to the emergency room. CBS News medical correspondent and pediatrician Dr. Jennifer Ashton recently outlined some pointers for parents to recognize when an illness or injury is an emergency.

For Babies:
Look for changes in the baby’s day-to-day habits such as:

• Eating habits: Have they started eating a lot more or a lot less than normal?
• Frequency of bowel movements or urination: drastic changes that happen the same time as a change in eating habits can signal a serious problem.
• Amount of sleep: a baby that has stopped sleeping or sleeping much longer than usual can be a sign of serious illness.

Another signal of something serious is if your infant cries for more than three hours in a row. If the crying does not seem hysterical or inconsolable, a call to the doctor is in order. Otherwise a trip to the emergency room is warranted.

For Toddlers and Older Children:
If your child is injured in an accident, consider the “mechanism of injury.” For example, tripping over a rug will likely result in a much less serious injury than falling out of a window. This information will help you determine how serious their injury is likely to be.

Next, consider the ABC method:

• Airway: Kids can usually catch their breath quickly after an accident. If their breathing does not sound normal to you, consider a trip to the ER.
• Bleeding: If the wound does not show signs of clotting, if it seems very deep, or is more than ½ inch long you should visit the ER right away.
• Color: If your child’s color looks off, especially blue, yellow or grey, it can be a sign of internal injury and you should get them to an emergency room as soon as possible.

Another important indicator is your child’s mental status. If he babbles, is incoherent or delirious, this can be a sign of a high fever or meningitis.

If a parent has concerns about the health of a child, it is always advisable to be very cautious and diligent with medical care and follow up which may involve or require an ER visit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the United States, United Kingdom (England), and many other places, children love to play on trampolines. Unfortunately, children are injured on injuries every day. Many injuries can be avoided with better safety precautions and supervision. Children, especially young children, lack safety awareness. This is especially true when playing on trampolines. Jumping on a trampoline can be quite empowering for a child. Children often want to jump higher and higher. Children then try tricks like flips and jumping in and around each other. During these stunts or just regular jumping, children are injured.

One safety precaution that is vital is a safety net. Every trampoline should have a properly installed safety net. Furthermore, all trampolines should be assembled per manufacturer instructions and placed on a flat secure area. Thereafter, trampolines should be inspected and maintained on a regular basis. There is no substitute for proper adult supervision as well. Trampolines that are properly maintained with safety nets are still hazards for children if there is no adult supervision. You can read more about trampolines Dangers of Trampolines: Child Injuries and Safety Measures.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Lacrosse is a sport that increases with popularity each year. Due to the contact nature of the sport, there have been a number of reported injuries to children and young adults every year resulting from Lacrosse. David Marshall, M.D. recently posted an article about child injuries and Lacrosse. Dr. Marshall is the Medical Director of the Sports Medicine Program for Children's Healthcare of Atlanta. He also serves as Clinical Assistant Professor at Emory University School of Medicine in Atlanta Georgia. Dr. Marshall noted that approximately 300,000 children play Lacrosse and it is one of the fastest growing sports in the United States for boys and girls. The type of protective gear typically used by boys is different than that for girls. Many girl clubs and teams do not wear helmets or the protective gear when body checking is not permitted. Due to the potential contact and injuries that may be inadvertently caused by the Lacrosse stick and ball, some safety advocates may argue that it is better to have all available safety equipment in use even if the risks of injury is low when body checking is not permitted. Reported injuries from Lacrosse include abrasions, contusions, muscle and tendon strains, shin splints, fractures, and facial injuries. Parents should speak to coaches and club administrators about safety precautions in place and gear used for Lacrosse practices and games. You can read more about Dr. Marshall's article at Lacrosse and Common Injuries from the Game.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children (as well as adults) suffer injuries known as traumatic brain injury every day. These injuries can range from the very mild to injuries that can cause brain damage or death. Mild traumatic brain injuries are often referred to as concussions. Symptoms or complications following a head injury can be experienced immediately while some can be delayed. It is important for coaches, teachers, caregivers, parents, and medical providers to be aware of the signs and symptoms of a serious traumatic brain injury so that medical care can be obtained as soon as possible. Dr. Beth Slomine is a specialist at the Brain Injury Rehabilitation Program - Kennedy Krieger Institute based in Baltimore, Maryland. Dr. Slomine offered advice on traumatic brain injuries which included the following:

*Use safety precautions which can help reduce the incidence of brain injuries. Safety precautions include the use of seat belts, child safety restraints, helmets during bicycle and sports play when appropriate, and the use of playgrounds with shock absorbing surfaces.

*Following a head injury, watch out for the loss of consciousness, confusion, nausea, dizziness, weakness, lethargy, visual changed, and numbness. If any of these symptoms take place, get immediate medical attention and follow up.

*Keep a close eye on symptoms that can improve over time OR get worse over time.

*Rest is important after a head injury even after evaluation at an emergency room or after a doctor's visit.

*Avoid a return to at risk activities until the symptoms completely resolve.

Of course, it is difficult for a medical provider to provide advice that fits every situation. If you have concerns about a head injury to a child, get immediate medical attention. See Baltimore Sun Newspaper Article - Traumatic Brain Injuries Can Be Mild or Serious - Advice from an Expert.

Other valuable information and advice is located at the
Brain Injury Association of Maryland Web Site.

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

In New York, high school students from Lewiston Porter High School were suspended for being involved in a hazing incident involving raw meat. The incident involved players from the soccer team who threw raw meat and other food items at new players on the team. The ritual also involved putting eggs and flour on the new players. The suspension were for a few days.

Some may argue that this food incident was "harmless fun". Others will point out that it is a form of "hazing" since it involved demeaning acts. Any incident that involves the humiliation of a student should be banned and these acts should be punished. Furthermore, hazing incidents often times do lead to serious personal injuries and deaths. What if one of the new soccer players suffered an eye injury from the shell of an egg or by the flying meat? The bad acts should not be excused just because there were no physical injuries.

Children should be able to participate in high school sports without humiliation or hazing. Making the team should be based on school policy and procedure only rather than the additional requirement of student hazing. You can read about this article at Students Suspended Over Hazing Incident in New York.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Rhode Island and other states, high school athletes suffer head injuries / concussions every day. Some refer to concussions / brain injuries as the Invisible Injury. Since signs, symptoms, and after effects can be subtle and sometimes undetected by parents and medical providers, it is called the Invisible Injury. This makes it even more important for coaches, trainers, Emergency Rooms, doctors, and parents to use due diligence in examining the student athlete and conducting necessary medical testing and evaluation to help diagnose the injury and effects from the same. It is also important for parents and coaches to rest or sideline the athlete if it is in the child's best interest to rest the brain and keep the child from re injuring the same area of the head or even a different area of the head. A recent article provided interesting and important information by spot lighting the head injuries / concussions of a few student athletes in Rhode Island. You can read this story at Concussion: The Invisible Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Safe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

Amusement Park Rides; Fireworks; Trampolines; Travel safety tips; Swimming / drowning; ATVs (All Terrain Vehicles); and Home alone safety tips.

Children suffer personal injuries every day in the State of Utah from recreational and sports activities as well as everyday activities. It is important for parents to educate themselves on safety precautions so that this knowledge can be passed on or taught to their children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

American Orthopaedic Society for Sports Medicine recently released a report regarding a 2 year study of personal injuries suffered by children / students who participated in high school sports. The report noted that 15 % of the injuries were severe enough to keep the child out of playing the sport for three weeks or longer. Football lead the list of sports as to severe personal injuries. Both boys and girls sports related injuries were surveyed as part of this study. Basketball, wrestling, baseball, and softball sports related injuries were also mentioned as part of this report.
The study found that severe injuries most frequently occurred to a player’s knee (30 percent), followed by the ankle (12.3 percent) and shoulder (10.9 percent). Illegal actions by a player, such as tripping or spear tackling, resulted in 5 percent of the severe injuries.

The injuries were studied both as to their severity and as to their location or body part. The study highlighted the problems and dangers of high school sports. The study is an important tool to use to educate schools, coaches, and parents as to the incidents of injuries. Safety precautions including the use of trainers and all available safety equipment could help reduce the incidence and severity of injuries. You can read more about this story at High School Sports Put Students At Risk for Serious Personal Injuries.

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

Swimming is a popular sport throughout Florida, California, and many other parts of the United States. Millions of children and teens participate in competitive swimming. Many children and their parents take the sport seriously and strive for excellence in the sport. Some see the sport as a way to pay for college. Others see it as a way to keep a child competitive and in shape. Swimming parents should keep safety and health issues as a top priority. While winning is a goal and so important for some parents and the child swimmer, parents, at times, should step back to consider the child's physical and emotional well being as competitive swimmers. You can read some tips for parents who have competitive swimmers at Top Ten Questions / Answers for Swimming Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In schools throughout the nation, children participate in physical education activities. Although budget cuts have reduced or eliminated many physical education programs, there are still millions of children engaged in school supervised physical education programs and activities every day. A recently released study has found that the numbers / incidents of injuries related to physical education programs at high schools, middle schools, and elementary schools are increased between the time period of 1997 and 2007. Common reported injuries were sprains, strains, and fractures. The sports accounting for most of the reported injuries were running, football, volleyball, gymnastics, basketball, and soccer.

It is important for physical education teachers and coaches to recognize the risk of injuries and take measures to help prevent and / or reduce the incidents of injury. Supervision is key to prevent many personal injuries. Stretching and warm up periods would also help with the mission of preventing injuries. You can read more about this study at Physical Education Related Personal Injuries in Schools Increased According to Study.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Years ago, cheerleading was dominated by pom poms and simple cheers. Over time, cheerleading evolved to include acrobatics, flips, and free fall from high pyramids. As a result thereof, cheerleading has become a very dangerous sport riddles with serious personal injuries to boys and girls alike. While safety efforts have been stepped over over the past few years, there continues to be serious personal injuries and deaths while practicing and performing cheerleading routines and stunts. It has been reported that there were 67 fatal, disabling, or serious personal injuries resulting from cheerleading incidents between 1982 and 2007. This accounted for over 60 percent of the total incidents of injuries to female high school student athletes during this time period.

If you have a child participating in cheerleading or other sports, ask the coach about the routines that will be performed and the risks of the sport. Also ask about safety measures and policies / procedures regarding the same. You can read more about the risks and dangers of cheerleading at Cheerleading Is a Dangerous Sport.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Summer camps are typically filled with friendship, fun, and the great outdoors. When there is a large congregation or gathering of children around, there are, at times, outbreaks of Influenza and other communicable diseases. It can be quite stressful for both the child and the parent, who is typically hundreds of miles away, to deal with an illness at camp. Most reputable summer camps have a doctor on staff to address the basic health needs of the child. Beyond the camp confines, there should be a medical facility, hospital, or clinic available for more in depth medical care and evaluation. Influenza can be quite troublesome and risky. It is spread person to person and even by object. For instance, a child can wipe his or her nose and then touch a door knob. This, in turn, can lead to the infection of another child. The Influenza virus can live for several days on an object like a door knob or a toy.

What should parents do when a child gets sick at camp? I recommend that the parent keep in close contact with the camp and the camp doctor. Ask to speak to your child. Many camps prohibit telephone contact due to a child becoming homesick. However, there are always exceptions and extraordinary circumstances beyond these in house camp rules.

I also recommend that parents consult with the child's own pediatrician and an Infectious Disease doctor for guidance and follow up. Get the summer camp to fax you the medical records so you can see what is being documented and done for your child's illness at summer camp.

You can read more about Influenza at When Your Child Is Sick - Influenza in Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are placed in virtually every community in the United States. Some are new. Some are old. Some are well maintained with up to date inspections and repairs while others fall into rust and disrepair. It is vital that playgrounds are frequently inspected and maintained. When a playground is negligently maintained or supervised, children are at risk for personal injuries or, even worse, wrongful death.

Owners and administrators of parks, schools, day care centers, churches, and summer camps should strongly consider the hiring of a Early Childhood Outdoor Play Inspector or another qualified person to inspect and make recommendations for playground equipment. An Early Childhood Outdoor Play Inspector is certified after having passed a program offered by the NPPS (National Program for Playground Safety). You can locate a local Early Childhood Outdoor Play Inspector at the NPPS Website. For early childhood playgrounds, there are standards set forth by the National Association for the Education of Young Children (NAEYC), Consumer Product Safety Commission (CPSC), and other organizations. When placing your child in a day care center or school, ask questions and get information as to the inspection and maintenance of the playground. Good schools and day care programs will be more than happy to provide you with this information as a showing of the up to date maintenance and inspection of the playground equipment.

If you have a child who has been injured as a result of negligent playground equipment, maintenance, and / or supervision of the children, it is important to get legal advice from a child injury lawyer / attorney as to the issues that arise from the personal injuries.

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

In high schools throughout the nation, high school athletes are pushed to their physical limits and beyond their limits as well. Both male and female high school athletes often times push through injuries through their own dedication or the push of their coaches to compete. Concussions / head injuries are a serious problems in high school sports / athletics. A study completed at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio showed that over 40 % of athletes who suffered a head injury / concussion returned to play too soon. The short and long term effects from a concussion are exasperated and prolonged when the student athlete has not been enough time to recover from the damages / injuries caused by the concussion.

The Centers for Disease Control and Prevention estimate that concussions account for approximately 10 % of sport related injuries in young people ranging from the ages of 15 to 24. Statistically, there were over 100,000 concussions in this age range last year.

In high school football, it was reported that 16 % of football players who suffered a concussion returned to play the same day. Medical experts advise against returning to play so soon. Repeated concussions with limited to no recovery time has caused long term serious health problems to NFL football players over the years. Some believe that this has led to early depression and dementia. In some instances, football players and other athletes even die from head injuries that result in brain swelling leading to the shutting down of the brain stem and then respiratory failure. This is referred to second impact syndrome (SIS).

You can read more about the problems with concussions in high school sports including football at Concussions: Serious Health Risks to High School Athletes.