Child Injury Lawyer Blog

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

Little Friends Daycare, in Johnson County, Kansas is a registered but not licensed day care facility. In Kansas, registered daycares are not inspected by the health department unless there is a complaint. A complaint was lodged recently that the center was taking care of six infants at one time; the daycare is only allowed to care for up to three children under the age of eighteen months.

When inspectors arrived at the daycare facility, they were alarmed to find an infant closed into a back room, still in her car seat and completely covered by three blankets. The owner of the daycare, Lynde Ann Price claims that the child’s parents asked her to keep the child in the car seat because she had bronchitis and they wanted her in an upright position.

But according to inspectors, Ms. Price also told them that she had forgotten the child was in the back room. They also found other infants in rooms with the doors closed, which is a violation of state child care regulations. Ms. Price reportedly said that she was overwhelmed by having too many children to take care of, but believes she was giving them good care.

The daycare has been temporarily closed, and Ms. Price will have to appear before state officials before she is allowed to reopen. Read more about this Kansas City Daycare at Inspectors Shut Down JoCo Day Care, Claim Owner 'Forgot' About Infant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Grand Forks, Minnesota, a former day care owner (Marsha Brouillet) was sentenced for child abuse charges involving a head injury to a friend's child under her care. The child required a two day hospital stay for injuries resulting in bleeding in the brain and seizures. The mother of the 4 month old child senses that something was wrong with her child and the day care center and sought medical attention for her child. Furthermore, she removed her child from the day care center. The day care owner later admitted to shaking the child without supporting his head. The parents are thankful that the injuries were not worse and they were understandably upset that the day care owner would act in such a reckless and callous manner.

Day care center owners and employees should not work in a day care center or around children if they cannot handle the cries or demands of children. Babies, infants, toddlers, and children will cry. They can also be quite demanding and unreasonable. This comes with the territory. A safe and loving haven should be provided in a day care center. You can read more about this Minnesota matter at Child Suffered Head Injury at Day Care Center.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, children in day care centers are often times put at risk by unsafe day care center drivers. Some of these drivers even choose to drive while under the influence of alcohol or drugs. In Witchita, Kansas, a former day care owner was charged with driving under the influence. She later pled no contest to the charges. Police were tipped off as to the owner's intoxication by day care center workers who say the owner leave with children in a day care center vehicle. The day care center workers were concerned and contacted the police. Fortunately, no children were harmed by the reckless conduct of the day care owner but her actions certainly put the children in the vehicle at risk. In addition, any other drivers / passengers, pedestrians, and bicylists in the area of the day care center owner's driving were also put at risk. You can read more about this story at Former Day Care Center Owner Guilty of DUI Charges.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Alphabet Street Learning Center was the site of child abuse incidents that led to the criminal prosecution and sentencing of a former day care worker. Pamela Coleman, age 42, was sentence to a one year prison sentence. At the sentencing, Judge Coleman stated that he was concerned about the future safety of her children including the one that she was pregnant with. The child victims at the day care center suffered injuries in the form of spiral fractures. These type of fractures typically occur when a child's arm is forcefully twisted. Children should be handled with care and not with force especially in a day care center. You can read more about this story at Former Wisconsin Day Care Worker Gets Prison Sentence for Child Abuse Incidents.
See also Spiral Fracture.

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

In Mississippi and other states, emergency rooms and pediatricians are called upon to treat children who suffer head injuries as a result of an ATV accident or incident. Dr. Shannon Smith is a pediatric rehabilitation doctor based in Mississippi. Dr. Smith is advocating for the passage of a law that would require helmets for children who ride ATVs (All Terrain Vehicles). You can read more about Dr. Smith's points and the dangers of ATVs at Mississippi Needs Tougher ATV Laws for the Protection of Children.

With or without a law in place, all owners of ATVs should exercise good safety measures especially when children are riding on the ATVs. Put a helmet on the child and properly supervise the use of the ATV. Just because the ATV is operated on a dirt road off of concrete does not mean that the child cannot be injured by an accident or fall off the ATV. Many serious head and brain related injuries can be avoided or lessened by the wearing of an appropriate helmet.

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

In Texas and other states throughout the nation, there is a danger in virtually every home - the bathtub. Leaving a toddler / small child unattended in a bathtub can lead to tragedy. In Houston, Texas, a 8 month old boy was left unattended for a period long enough to drown. The incident took place at approximately 5:20 p.m. While attending to some other children, the baby drowned. Parents and caregivers need to devote all their time and attention to the child in the bathtub due to the real and present danger of drowning. Since a child can drown in a very short period of time, there is no acceptable periods of inattention or lack of supervision when a child is in a bathtub. Unfortunately, many parents, who are loaded with responsibilities of work, housework, and other children, do not recognize the danger of the bathtub until it is too late. You can read more about this story at Baby Reported as Drowning Death in Houston, Texas.

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

A former day care worker at the New Beginning's Day Care Center in Moselle, Mississippi pleaded guilty to charges of child molestation and sexual battery. Derrick Williams (age 23) received the maximum criminal sentence according to Assistant District Attorney J. Ronald Parrish. The crimes involved the fondling of 4 and 5 year old girls who attended the day care center that was owned by Williams' mother.

It is certainly tragic that children were abused and neglected at a facility that should have been a safe haven and a place of education and fun for the children. It is quite unsettling that parents cannot trust that day care centers will provide for the safety and well being of children under their care. You can read more about this story at Ex Day Care Worker in Moselle, Mississippi Pleads Guilty to Crimes Involving Fondling of Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In the Blackhawk Area School District - Pennsylvania, a mother is upset over an incident that recently took place when her daughter was dropped off at the wrong bus stop without any supervision in the cold. Fortunately, the child did not suffer any serious personal injuries; however, the incident placed this child at risk where injuries or harm could have resulted. It appears that there was some kind of breakdown in communication or action on the part of the school, day care, and / or bus company that resulted in such a traumatic situation for this 7 year old girl and her family. While tragedy was avoided, this incident will be a good teaching point for the school, day care center, and bus company so that similar incidents are avoided in the future. You can read more about this story at Mother States that Daughter Was Dropped Off At Wrong Stop Without Any Supervision.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother in Cantebury, Connecticut was recently arrested after she left her 11 year old daughter home alone for a week. The child's lack of supervision was discovered after she missed school. The mother initially claimed that she was visiting the State of Florida due to a death in the family but later admitted she was in Florida to see her boyfriend. Most people would probably agree that 11 year old children need supervision and that one week is way too long to leave a child to take care of herself. Others may argue that 11 year olds are mature enough to take care of themselves for this period of time. Fortunately, the 11 year old Connecticut girl did not suffer any personal injuries but one must wonder how the 11 year old feels about having a mother leave her for a week to visit a boyfriend. It was reported that the 11 year old girl went to live with her father in New York following this incident. You can see a video about this story at Police: Connecticut Mother Left Child Alone for a Week.

Of course, the mother will have the right to defend herself in the criminal proceedings through a private criminal attorney or a public defender. This story should be used as an illustration as to the importance of providing children with proper and consistent supervision. The failure to act as a responsible parent can lead to serious consequences.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

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

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

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

The Atlanta Journal Constitution newspaper website reported that a baby boy died while under the care of a babysitter. It appears that the baby was being cared for in an unlicensed day care center in the sitter's home. The mother and this unlicensed child care provider met through the popular website - Craigslist. While Craigslist is a wonderful tool used by millions of people, the website really does not provide for any background searches or quality assurance checks regarding day care providers or day care centers. Parents and guardians should check with local and state day care licensing authorities before entrusting the care of a child in a "day care center". You can read more about this story at Baby Dies in Sitter's Care in Unlicensed Day Care Center.

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

A former Gaffney South Carolina police officer recently pleaded guilty to child abuse charges involving the son of his former wife. Wilbert Jamison was sentenced to 90 days in jail or a fine of $500 plus one year probation with 50 hours of required community service. Mr. Jamison opted to pay the fine rather than serve the 90 day jail sentence. It was reported by a local television station that Jamison denied hitting the boy with a belt as a alleged by the boy's mother. Jamison did admit to making the boy run laps in the backyard as punishment when the boy got in trouble at school for alleged stealing. See Former Gaffney South Carolina Police Officer Pleads Guilty in Child Abuse Case.

The case did not go to a jury and it was uncertain from news reports what evidence other than testimony supported the allegations by the victim and / or the victim's mother.

It is important for parents, no matter the age, education, or profession, to take a reasonable and rational approach to child rearing and discipline. Often times, the tempers of a parent or caregiver get out of control and violence results. Parents and caregivers should give themselves a time out before a child is injured as a result of a reckless and anger driven act.

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

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

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

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, day care centers have a duty to provide for the safety. State authorities closed a Fairway day care center. It was reported that the day care center was closed to protect the safety and health of the children. A recent inspection of the child care facility revealed that the center had more children than it was licensed for. Furthermore, the inspection revealed that one of the infants was kept in a bathroom and another was found in a bedroom covered with blankets. The day care center operator can appeal this decision and will be able to defend her facility against the allegations and findings on the inspection.

Inspections by the State can and do help prevent tragedies from taking place. Unfortunately, the State is not present at every day care center - every minute of the day. It would be impossible to have such oversight. As such, many day care centers create and allow dangerous situations to be present which, in turn, put children at risk for serious personal injuries and even death. You can read more about this story involving a Kansas Day Care Center at State of Kansas Authorities Close Kansas Day Care Center.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sergeant Louis Carlos of the Santa Fe, New Mexico Police Department was present at the hospital when the two year old son of Jennifer Stephenson and a Mr. Apodaca was brought into the emergency room with four centimeter welts across the backs of both of his legs. The police officer said it was very hard for him to listen to the child screaming in pain, and even harder to hear what his parents had to say about it.

According to the child’s father, he entered the boy’s room and found him on lying on his bed underneath a chest of drawers. The child’s mother claimed that she didn’t see or hear anything. But doctors told police that the welts are consistent with the child being tightly bound by ropes, and said they suspected abuse or neglect. They added that they may need to amputate the boy’s legs; they have already performed surgery to remove some of the damaged tissue in hopes of saving his legs.

Both Ms. Stephenson and Apodaca have been arrested and charged with child abuse. The child and his little sister are in the custody of the New Mexico Children, Youth and Families Department. Find out more details of this heartbreaking story at Santa Fe Couple Arrested, Accused Of Child Abuse.

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

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.