Child Injury Lawyer Blog

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In three unrelated incidents, Maine infants died while sleeping with their parents. The first death was reported on Sunday, October 4, 2009 when a two-month-old Madison, Maine girl was found dead in her father’s bed. The second incident occurred on October 5 when a two-month-old boy died after sleeping with his mother in Canaan. The third incident took place on October 6 in Windsor when a five-week boy died while sleeping with his mother. According to Maine State Police, no foul play is suspected in any of the cases. You can read more about these incidents at Co-Sleeping Deaths of Infants in Maine.

According to recent studies published in the British Medical Journal and the medical journal Pediatrics infant deaths blamed on accidental strangulation and suffocation while sleeping with parents have increased in recent years. The trend has roughly coincided with a sharp rise in bed sharing which has gained in popularity to help mothers bond and breast-feed. The deaths can occur when a sleeping parent rolls onto the infant, a pillow falls on the baby’s face, a blanket wraps around the child’s neck, or the baby gets wedged between the bed and a wall.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Areas near schools and school bus areas can become quite congested during morning and afternoon hours. When there is a high concentration of children, there are dangers in high traffic areas. In Portland, Maine, parents of high school students are quite concerned about the safety of their children. Parents as well as high school principal (Michael Johnson) are urging city officials to mark off areas as a school zone so that drivers are mandated by law to slow down in the area near the high school. City officials, according to a story posted at The Forecaster Newspaper website, claim that the street in question (Cumberland Avenue) is a state road and as such there are limitations or restrictions of action by city officials.

Hopefully, some remedial changes will take place in the near future which may include a school zone, flashing lights, signage, crosswalks, and crossing signals.

With or without a designated school zone in place, all drivers in Maine and other States should slow down any time there is a congregation of children in the area.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other States, working parents trust that the owners and staff of day care centers are trustworthy people who will protect their children during the working day. While most day care owners and employees are trustworthy, others are not. Some day care owners have been arrested for abuse and neglect. Some have even been arrested for the possession of child pornography. It is quite disturbing that a day care owner would possess such obscene materials. It makes one question what activities went on at the day care center itself. In Cumberland County, Maine, a grand jury recently returned an indictment against a day care owner on charges of possession of child pornography. Ronald Meserve, age 53, was indicated on four counts of possession of sexually explicit materials. Mr. Meserve was arrested in the Spring of 2009. Mr. Meserve co-owns Teddy Bear Day Care Center with his wife.

If Mr. Meserve had never been arrested or charged with such crimes before, it would be difficult if not impossible for parent to predict or know that such a person was operating the day care center. Mr. Meserve has a right to defend himself on this matter. There may be defenses that the material was not his or he had no knowledge of such materials on his computer. Computer forensic experts will probably be involved in such a case. These experts should be able to determine the origin of these materials, when they were downloaded and viewed, and what accounts were used to obtain such materials. You can read more about this story at Day Care Center Owner in Maine Indicted for Possession of Child Pornography.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A large wave fueled by Hurricane Bill swept three people from the rocks at Thunder Hole in Acadia National Park in Bar Harbor, Maine on Sunday, August 23, 2009. The Coast Guard pulled a 7-year old New York City girl, her father, and a 12-year old Belfast, Maine girl from the water. The 7-year old had no vital signs and could not be resuscitated. Both the man and the 12-year old girl are hospitalized, the man with a heart condition and the girl with a broken leg. Nine others also were hospitalized, mostly with broken bones from being slammed into the rocks. Officials did not release names of the victims. You may read more of the story at http://www.bangordailynews.com/detail/117347.html.

Hurricane Bill passed approximately 300 miles offshore of Maine on Sunday. The National Weather Service had earlier posted dangerous surf advisory. A wave monitoring gauge recorded 17-foot seas at Mount Desert Rock 40 miles offshore.

Thunder Hole is a deep, steep-sided crevice formed in a granite cliff. At the end of the crevice is a small cavern. When a wave rolls in, it forces air and water from the crevice producing a sound like the clap of thunder. Often it throws a huge spray into the air. You may view a video of Thunder Hole.

According to a park Ranger, as many as 10,000 people lined the shore on either side of Thunder Hole Sunday. People were attracted to Thunder Hole because of the combination of high surf from Hurricane Bill and high tide.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Lewiston (Maine) Sun Journal reports that an early morning fire claimed the life of 9-year old Taylor McQueeney. A candle used as a light source, after the Central Maine Power Company shut off the electricity to the apartment for non-payment, ignited a bed. The fire spread quickly. Taylor McQueeney had spent the night with her cousins, 18-year old Nathan Cote and 25-year old Justin Cote. Craig Austin, age 39, rented the apartment. According to police, the men ran an extension cord from a second floor apartment up to their third floor apartment to power a television and video games, but used candles for light.

The Lewiston Fire Department received at 3:30 a.m. a report of the blaze at 52 River Street. The building is located in the “Little Canada” section of Lewiston – a densely populated area with 4 story apartment buildings. The fire spread to neighboring 48 River Street. Firefighters evacuated as many as 50 people from five apartment buildings.

Craig Austin, who was sleeping in the bed that caught fire, sustained minor burns to his feet. You may read more about the story at Fire Claims Life of 9 Year Old.

Maine law requires smoke detectors in apartments. It is unknown whether smoke detectors were installed and operating properly.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The 4th of July holiday time period results in heavy traffic and a number of automobile accidents and deaths on roads in Maine, New Hampshire and across the United States. In New Hampshire, a Lewiston, Maine woman (Rachel Metivier) died in a head on collision with another vehicle. Two children and a man from Maine suffered serious injuries as well. The accident took place on Route 2 in Randolph, New Hampshire. The injury victims also included 3 others from another vehicle. Two people from the other vehicle also died. The news reports did not list a cause of the accident but it was reported as a head on collision between two vehicles. Due to the death and the seriousness of these injuries, a full police investigation will be completed to determine the cause of the accident. You can read about this accident at Lewiston, Maine Woman (Rachel Metivier) Dies, Other Injured in New Hampshire Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A valuable resource to moms across the nation is a website called www.momslikeme.com The website offers a place for moms to offer advice and get advice. It also allows moms in communities throughout Florida and the rest of the United States to share their experiences, thoughts, and feelings on a wide variety of parenting and mom related issues. From Florida to California to Maine and all points in between, you can find moms like you who are ready, willing, and able to help you with parenting and mom issues that come up in every day life. As a father / parent and husband, I now the value of moms and how much they know. When thousands upon thousands of moms congregate together to make their lives and the lives of others a better place, everybody wins. Check out www.momslikeme.com and go to your local community site. Get involved and active for a smarter today and a better tomorrow.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other states, child predators and sexual offenders are exploiting and abusing children every day. In some instances, it is the parent who is exploiting or molesting the child. In Mars Hill, Maine, Julie Carr, age 30, is the mother of four children. British investigators tracked her down to her Maine home after she was webcasting a sexual assault of her young child. Really, what was this lady thinking? While she will be entitled to a public defender if she cannot afford an attorney, there is an electronic trail of sorts and video of these heinous acts. Authorities removed all four children from her home. You can read more about this story at Maine Mom Nabbed in International Child Pornography Sting.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine and other states, many sexual offenders and child predators leave many victims with permanent psychological and physical injuries until they get caught. Even after getting caught and serving prison time, many offenders re-offend and harm even more victims. In Lewiston, Maine, Joshua Whitlock was recently arrested and charged with with sexual assault including crimes against children under the age of 12 years old. At the time of the recent arrest, Mr. Whitlock was on probation and was a registered sex offender.

Having a registered sex offender in place is helpful but these kind of registry programs in no way fully protect children and other victims when these offenders and predators are released from prison. Mr. Whitlock will be appointed a public defender or, in the alternative, will hire a private criminal defense attorney to represent him. Mr. Whitlock's current crimes should be judged on the evidence of these crimes; however, it is hard to ignore his past crimes or his propensity to victimize others. You can read more about this story at Lewiston Maine Man Charged with Sexual Assault.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maine, working parents and caregivers place their children in day care centers with both the hope and expectation that their children will be properly cared for. Day care center owners, administrators, and staff have the duty to supervise the children and protect their health, safety, and welfare. Unfortunately, some day care owners, administrators, and staff take advantage of this position of trust and use it to harm, molest, assault, and / or batter children. In Glenburn, Maine, a day care owner did just that. Ronald Earl Tewhey, age 49, was sentenced for his crimes against children. Mr. Tewhey molested a 10 year old girl who was a student at the day care center. He also molested a 17 year old girl as well.

Mr. Tewhey violated the criminal laws and day care regulations in Maine. If Mr. Tewhey had no prior criminal record, it would have been difficult to impossible for a parent to be aware of or suspect this type of conduct from a business owner. All parents can do is their best to inspect and evaluate a day care center before and during enrollment of their children.

You can read more about Mr. Tewhey's criminal sentencing at Glenburn Child Care Business Co-Owner Sentenced.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a recent study published in the Journal of Clinical Oncology mistakes in medication given to cancer patients occurs all too frequently. The study found 22 errors among 117 visits (18.8% error rate) to a pediatric oncology clinic. The study found 90 errors among 1,262 visits (7.1% error rate) to three adult oncology clinics. Most errors involved incorrect doses of medication. Of the adult medication errors, 61% had the potential to cause injury and 12% in fact caused patient injury. Of the pediatric medication errors, 41% had the potential to cause injury and 18% did cause injury. You can read more about the study at Medication Errors Involving Pediatric Cancer Patients.

Medication errors are entirely preventable. If you or a family member have been harmed by a medication error, consider consulting a Child Injury Lawyer for advice on your rights and possible causes of action.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A two-year old Waterville, Maine boy suffered serious burns from a microwave oven fire at his home. It appears that the toddler placed nonmicrowaveable items such as a bottle of perfume and a metal fork into the microwave. A flash fire resulted when he started the microwave. The boy’s mother heard a pop and went downstairs to investigate. She found her son with clothing on fire. She patted the fire out. An ambulance transported the boy to Inland Hospital in Waterville. Once stabilized, he was flown to the Shriners Hospital for Children in Boston for further treatment of the personal injuries / burns suffered as a result of this fire.

You can read more about this story at Maine Toddler Suffered Burn Injuries from Microwave Fire.

This story shows the importance of child proofing the home and adult supervision of children. Household items like refrigerators, stoves, washing machines, dryers, and yes, microwaves pose hazards to children who do not understand or appreciate the associated dangers.

You can read more about the incident at Waterville Maine Child Suffers Burns and Personal Injuries From Microwave Fire.

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

Although statistics reflect that the percentage of uninsured motorists has decreased in Wisconsin and nationally in the past few years, there is a concern that recent economic problems may result in a rise in the number of uninsured motorists. In a recent study conducted and released by the Insurance Research Council (IRC), it estimated that nationally in 2007 approximately 13.8 % of motorists were uninsured. The study provided data, by state, as to the percentage of uninsured motorists, with the highest being New Mexico and Mississippi, at 29% and 28%, respectively, and the lowest being Massachusetts and Maine, at 1% and 4%, respectively. Wisconsin's estimated percentage of uninsured motorists in 2007 was 15%, ranking it in the highest third of uninsured motorists in the nation. The study found a strong correlation between the percent of uninsured motorists and the unemployment rate. To view the News Release, dated January 21, 2009, by the IRC, go to Study and Statistics as to Uninsured Motorists.

As problems with the economy continue and as more jobs are lost, it is expected that the percentage of uninsured motorists will increase from 13.8% in 2007 to 16.1% in 2010. Wisconsin mandates that auto insurance policies written in the state include uninsured motorist coverage, to protect injured victims of vehicle collisions with insurance coverage for their medical expenses and damages, however, it is clear that without mandatory vehicle insurance, responsible citizens who purchase auto insurance coverage will continue to pay for injuries caused by citizens who fail to purchase insurance on their vehicles.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

South Portland Maine firefighters found a mother and her young son unconscious in their apartment apparent victims of carbon monoxide poisoning. A propane heater used to keep warm after losing power during an ice storm is the presumed cause of the poisoning. Both mother and child initially received treatment at Maine Medical Center in Portland, Maine, but subsequently were transported to a Boston hospital for treatment. Three residents of a second apartment unit complained of headaches and received care at Maine Medical Center. You can read more about the incident at South Portland Maine Mother and Young Son Poisoned by Carbon Monoxide Poisoning.

Carbon monoxide is a poisonous, dangerous, tasteless, and odorless gas. It results from the incomplete burning of fuels that contain carbon such as fuel oil, gasoline, natural gas, kerosene, and wood. Early symptoms of carbon monoxide poisoning include headache, nausea, fatigue, vomiting, dizziness, and shortness of breath. Carbon monoxide poisoning can cause permanent brain damage, heart attack, and death. Infants and children are especially vulnerable to personal injury and wrongful death from carbon monoxide poisoning.

The risk of carbon monoxide poisoning increases in winter months especially during power outages when home residents use gasoline-powered generators and unvented space heaters to provide heat and electricity. A Center of Disease Control (CDC) study of the health effects of the January 1998 ice storm in Norway, Maine (population: 4738) found 101 case of carbon monoxide poisoning. The study is available at the CDC’s website - Incidents of Carbon Monoxide Poisoning.

Carbon monoxide detectors can provide warning of unsafe carbon monoxide levels, but based on a statewide study only 37% of Maine residents have a carbon monoxide detector. The results of the study and suggested ways to prevent carbon monoxide poisoning are available Steps and Precautions to Prevent Carbon Monoxide Poisoning.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Matteo Hansen, an 18 month toddler, died as a result of injuries sustained at an apartment complex in Wilton, Maine. Further investigation by local police and the medical examiner's office indicate that the death was not caused by an accident but by homicide. As such, an arrest was recently made in this tragic case. Maine State Police report that David Cook, the 25 year old boyfriend of the mother, was arrested for the death of Matteo Hansen. The details of the autopsy and forensic evidence have not been released of yet. People in the community of Wilton, Maine are closely following this story as the death of Matteo Hansen. The Child Injury Lawyer Network would like to thank a concerned citizen of the Wilton, Maine community for alerting us as to the recent arrest of David Cook. Children are the greatest resource for any community. The safety of children should be the focus of parents, extended family, teachers, and the community in general. Unfortunately, child abuse and neglect continues to be a problem in small and large communities alike. You can read more about the Matteo Hansen story at Boyfriend Arrested for Toddler's Death in Wilton, Maine.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

For decades, the United States Consumer Product Safety Commission (CPSC) has warned about the dangers of crib meshing. Between 1978 and 1985 when crib meshing was more common, CPSC records document 15 deaths. While deaths related to meshing have fallen over the years, about 50 babies die annually due to defectively designed cribs. Just two months ago, the CPSC announced the recall of 600,000 drop side cribs manufactured by Delta Enterprise Corp. after the death of an 8-month-old baby who suffocated when the drop side of his crib detached. The recall announcement is available at the CPSC’s website at Crib Recall - Delta Enterprises.

These are most troubling statistics. Even one death from an unsafe product is a tragedy. You can read another blog article about the death of a child from a crib mesh in Maine at 2 Year Old Strangled by Crib Mesh in Maine.

Every state including Maine has laws in place to protect consumers injured by defective products. Children can least protect themselves from unsafe products. While no award of damages can replace the life of a child, holding crib manufacturers accountably for defectively designed cribs that cause injury and death may result in safer cribs thus preventing similar tragedies.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Are Day Care Centers in Maine required to carry liability insurance? The simple answer to this important question is Yes. Liability insurance will cover medical bills and the pain and suffering of an injured child that result from the negligence or lack of supervision of the day care facility and its employees. The Maine Department of Heath and Human Services (DHHS) requires that day care centers have liability insurance in place of at least $100,000. There are some exception for this requirement if a person is using his or her own home for a day care program. Most day care centers are operated as a business outside of one's home. A children's day care facility or center is defined as a house or other place in which a person carries out a regular program for consideration (i.e. payment, money) for any part of the day for the care, protection, and supervision of three or more children under the age of 13 years of age.

Renter's or homeowner's insurance typically will not cover a person or business owner for day care related injuries or death unless the homeowner specifically informs the insurance carrier about the day care program and the insurance carrier specifically issues an endorsement for such coverage.

Whether a day care program in a home or commercial building has insurance in place is a question to ask before placing your child in the day care program. An informed and conscientious parent has every right to ask for a copy of the day care center's license, inspection reports, and proof of insurance. As you can see, it is the law in many States like Maine to have liability insurance in place. You can read more about liability insurance requirements for day care centers / facilities in Maine at the Official Site for the State of Maine Bureau of Insurance.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

While visiting Vinalhaven, Maine with his parents for the holidays, 2-year-old Noah Thompson died from strangulation after he entangled himself in a mesh covering placed on top of his crib. According to Maine Department of Public Safety spokesman Stephen McCausland, the boy apparently stood up and became entangled in the netting when he stuck his head out between the netting and the edge of the crib. You can read more about this tragedy at 2 Year Old Strangled by Crib Mesh in Maine.

Unfortunately in many instances, tragedies and deaths like the one to Noah Thompson are the only things that effectuate change and safety measures by government agencies, manufacturers, and businesses. Before a product is put on the market, it should be thoroughly tested and studied to make sure that the safety of the child is placed as the most important factor. Safety should be given the highest priority over price, form, function, and aesthetics or the look of the product.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Wilton, Maine is a nice town that was incorporated in 1803. Unfortunately, this small town was the site of a tragic death of a 17 month old boy (Matteo Hanson) who died after a fall down a flight of stairs recently. Matteo was taken to Franklin Memorial Hospital in Farmington for emergency medical care. Tragically, Matteo was officially pronounced dead at the hospital. An autopsy is currently pending on the child.

This story shows the dangers of stairs to small children in any location whether it is an apartment complex, school, day care center, mall, business, or home. If children are present, it is important to have railings in place to prevent children from falling through. Parental and caregiver supervision is important as well.

It is uncertain at this time if any criminal or civil proceedings will result from the incident. Maine State Police are involved with the investigation.

You can read more about this story at the Sun Journal Web Site - Toddler Falls Down Stairs at Wilton Maine Apartment Complex.