Child Injury Lawyer Blog

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

In Maryland, a father was recently sentenced to 20 years in prison based on child abuse charges brought by the State. Andre Nathaniel Robinson, age 31, was accused of the crime of child abuse for burn injuries to his baby son. Mr. Robinson maintains his innocence of a crime and stated that the injuries were accidental in nature. The baby treated at Baltimore Washington Medical Center for burn injuries to the chest, right arm and face. While Mr. Robinson had a right to an attorney and to defend himself at trial, he entered an Alford plea to the charges. This type of plea in Maryland allows a Defendant to maintain his or her innocence with a plea that there is sufficient evidence for a conviction.

Parents, babysitters, and caregivers should not use scolding hot water as a threat or as a disciplinary measure against children. It is amazing that this malicious technique of punishment is still used by parents and child caregivers. You can read more about this story at Maryland Man Gets 20 Year Prison Sentence for Child Abuse.

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

Officials in Howard, County Maryland voted to ban the use of tanning beds at salons / businesses by children under the age of 18. Child and health advocates argue that such tanning beds present a significant health risks to children as those exposed to tanning beds at a younger age may have an increased risk for the onset of skin cancer. Tanning business advocates and others may argue that tanning beds are safer alternative to the beach and that the medical evidence is far from certain as to statistics for cancer and other health risks.

You can read more about this story at Tanning Bed Ban in Howard County, Maryland.

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

In Maryland and other States, schools should be a safe haven for children. Schools should be a place where children are able to learn and grow in an environment that protects their safety and well being. Unfortunately, at times, schools are crime scenes where children are assaulted, beaten, and robbed. In Cambridge, Maryland, WBOC TV 16 reported that a 15 year old student was beaten and robbed in the bathroom of Cambridge South Dorchester High School. School officials and the police have identified two other students who were believed to commit this crime.

Schools cannot prevent every senseless act of violence. It is especially difficult to prevent these kind of incidents in secluded places in schools like bathrooms. It was reported that the student was robbed of his mobile phone and money. While it is common to have both money and mobile phones in schools, students should be careful when carrying such items as other students may seek to steal these items at school.

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

In Prince George County, Maryland, firefighters responded to a fire at an apartment complex. It was reported at the Firefighting News website that the fire was brought under control in 7 minutes. Children from a day care center were evacuated for safety reasons and the risks of injuries from fire / smoke inhalation / and / or danger from the damaged building. No injuries were reported.

This incident shows the importance of having evacuation plans in place when there is an unexpected emergency or incident like a fire. While fires in or near day care center will not happen at every day care center, these incidents cannot be predicted. It is far better to be prepared for an event like a fire rather than rely on probabilities and statistics. When a child's safety is at risk, planning and procedure are of paramount importance.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network In Bel Air, Maryland, a fire struck and destroyed a day care center - Celebree Learning Center. It was reported that the fire may have started in the bathroom. At the time that the fire was observed, there were 15 staff members and 55 children in the facility. Fortunately, all staff members and children were able to exit the facility. There were no deaths or serious injuries reported as a result of this fire. This story shows the importance of responding to a fire. Apparently, the staff at this facility were able to gather the children together and exit the facility. There were no children left behind or forgotten as the staff and children evacuated the facility. You can read more about this story at Fire Destroys Bel Air Day Care Center.

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

In Maryland and other States, parents often question when a child should be allowed to be placed in a the front seat of a vehicle. In answering this question, parents should look at the State law and also look at what safety experts recommend. Just because a particular action does not violate State law does not necessarily mean that it is safe for children. For instance, the Maryland Child Passenger Safety Law does not prohibit the placement of children in the front seat of a passenger vehicle except for infants or toddlers in seats that are rear facing. Regardless of the law in Maryland and other States, some safety experts recommend that parents hold off on placing children in the front seat until they are 13 or older. The timing or age to put a child in the front seat can also depend on the size of the child as well. Some 12 year old children are undersized and should be kept in the back seat for their safety. You can read more about Maryland's law and comments of safety experts at Putting a Child in the Front Seat - Maryland Law and Advice from a Safety Expert.

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

Some people should never been allowed to be parents. In Maryland, Renee Bowman is one such person. She is charged with abuse and murder of two girls were were killed and placed inside a freezer. More than 3 years old, police investigators believe that Ms. Bowman killed the two girls. Prior to killing the children, it appears that both children were victims of child abuse as well. The two girls died a very tragic death. Minnet Bowman (age 9 at death) and Jasmine Bowman (age 7 at death) deserved much better from Ms. Bowman. This is an understatement in that they were allegedly murdered by Ms. Bowman. Even after death, Ms. Bowman continued to accept public benefits for the children. Obviously, these funds did not go towards any care, food or services for the children. During the girls lifetimes, Ms. Bowman proved to be a horrible caregiver who frequently locked the girls in their room and made them toilet in a bucket. You can read more about these disturbing and tragic crimes at Maryland Mother Faces Criminal Charges for Abuse and Murders of Children.

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

In the February 2009, the flu has taken the young lives of two (2) teenagers from the State of Maryland. Although this flu season is not reportedly worse than others, infections are beginning to increase in Maryland and Virginia. March is expected to be the peak month.

Consequently, health officials all across the region are urging all those who haven’t received a flu shot to do so at this time.

Zachary Weiland died on February 22. His father, Kirk Weiland, family, friends, and the community are mourning his death. Zachary came home after playing basketball at his school - Mt. Airy Christian Academy. He had trouble breathing and was taken later to John Hopkins University Hospital in Baltimore, Maryland. Despite efforts by the doctors and staff, Zachary died.

Just a few days before Zachary's death, another Maryland teenager died from Influenza. Ian Willis was just 13 years old when he died. He attended Urbana Middle School in Frederick County, Maryland.

Ian Willis and Kirk Weiland put real faces and dangers of the flu / Influenza. While there are not that many reported deaths associated with Influenza, it is, nonetheless, a serious problem for families and children dealing with this illness.

You can read more about these deaths and danger of Influenza at Two Flu Stricken Maryland Teens Die.

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

The Virginia legislature has struck down a bill that would have required health insurers to pay for the cost of therapy for autistic children. Similar legislation has been enacted in Maryland and the District of Columbia.

The legislative effort was the result of the national debate concerning the enormous increase in the diagnoses of autism among children. Two hundred (200) demonstrators went to Richmond, Virginia in January 2009 to show their support for this important legislation that would have afforded great financial relief to many Virginia families dealing with the enormous medical and therapy bills associated with Autism. Because of the failure of the legislation, however, some families are threatening to move from Virginia.

You can read more about this issue at Virginia Families Seeking Financial Relief with Costs of Care of Autistic Children.

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

Unfortunately, bullying has been around for years and despite all the advances in Maryland and the rest of the United States - bullying continues to be a problem that can and does result in serious personal injuries, and, in some instances, death to innocent victims of malicious bullies. In Cockeysville (Baltimore County) Maryland, police reported that three juveniles have been charged with first degree assault after brutally attacking, beating, and hitting a fourth grade student / neighbor with a baseball bat. Alex Ayers, age 10, was so severely beaten that he required emergency care a local hospital. The story was reported by WBAL TV 11 and other media outlets as well. The juvenile assailants lured Alex outside to join them by inviting him to play in a football game. It turned out to be much more a game for Alex and his assailants - it turned out to be a brutal crime that should be prosecuted. You can read more about this story at Baltimore County Police Report that Three Juveniles Charged for Beating a 10 Year Old Boy with a Baseball Bat.

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

It is important for day care centers / child care centers to have a properly maintained building and facility in place to comply with the State Board of Education rules and regulations. It is also important to have a properly trained and attentive staff in place. The old saying - "Don't Judge a Book by Its Cover" may apply in instances where there is a beautiful, new and modern day care center but it is staffed with unmotivated and careless day care center staff members. Parents should not just look at the building when considering a day care center. Parents should also look and interview the staff including the administrator, supervisors, teachers, and teacher's aides. Every staff member at a day care center is important. Every staff member can make a difference - some for the better and some for the worse. Under Title 13 A - State of Maryland Board of Education Regulation 13A.16.08.01, a day care center / child care center has a duty to provide each child with individualized attention and care. Each child's individual needs must be met and each child shall be provided with adequate supervision at all times. The supervision of the child needs to be based on the child's age, needs and abilities. The day care operator must consider any special request and instructions by the parents in providing supervision for the child. When a child in Maryland day care center / child care center is using a potentially dangerous items or is engaged in an activity that could cause injury like using scissors or sharp tools, continuous supervision must be provided.

Attentive supervision is key to a chid's safety, well being, and health in a Maryland day care center / child care center. With attentive supervision, many serious personal injuries to children in Maryland day care centers / child care centers can be prevented.

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

In Maryland, Steven Kruger, age 63, pled guilty to distributing child poronography. Mr. Kruger thought he was sending text / e mails to a 13 year old girl. In reality, he was communicating with an undercover police officer. A meeting was arranged with the "13 year old" undercover police officer and Mr. Kruger was arrested. Kruger will be sentenced in March 2009 and faces up to 20 years in prison for his actions. The Maryland United States Attorney's Office was involved in this investigation. After the arrest, investigators obtained a search warrant for Kruger's computer where investigators found e mails, photos, and other evidence of documenting chid sexual abuse. You can read more about this story at the Baltimore Sun - Windsor Mill Maryland Man Admits to Sending Child Poronography.

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

The Baltimore Sun has reported that stores in Maryland including Big Lot Stores, Inc. and Dollar General Corporation have stopped selling Elmo's Take Along Card Games, a toy that includes a backpack and playing cards. See Maryland Stores Stop Selling Elmo Toy After Attorney General Investigation. An investigation by the Maryland Attorney General's office revealed that the toy contained high levels of lead in the paint for the toy.

Lead poisoning is also referred to as saturnism, paint's colic, and plumbism. An increased level of lead in the blood can cause neurological medical conditions, kidney problems cardiovascular disease, and reproductive health issues.

While the stores were pulled from Big Lots and Dollar Stores, there are concerns that the toys may end up in other countries where lead level regulations are less strict or do not exist at all.

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

A Montgomery County, Maryland high school student (Thiago Andrade, age 17) died in an accident involving a 2003 Toyota Camry that split in half. The car was driven by Johvanny Garmendez, age 17, of Silver Spring, Maryland. The vehicle struck a tree after Johvanny drove off of Veirs Mill Road. The vehicle then went down a grassy hill, hit a tree, and then broke into two sections. Both teenagers were wearing seatbelts.

Montgomery County police and possibly other police agencies will investigate the cause of the accident including evaluating speed, brakes of the vehicle, black box of the vehicle if available, toxicology results, and other factors. Regardless of the cause, the accident is a tragedy for the teenagers, their families, and the community.

You can read more about this tragic accident and see the damage to the vehicle that was halved at One Student Killed and Another Injured in Accident that Split Car in Half

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

Before enrolling a child in a Maryland day care center / child care center, it is important for parents and guardians to research or check out the facility. The Maryland Committee for Children has a website with telephone contact information and instructions on accessing an internet database that can be used to find / locate licensed day care centers in the State of Maryland. Getting the background, history, and license information for a Maryland day care center makes sense. If your child is already in the facility, it also makes sense to find out more information and to update yourself on the child care facility's license and inspections so you know the current status of the facility. You can log in as a user to the web site and conduct searches for day care centers / child care centers at the Maryland Committee for Children - LOCATE - Child Care.

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

In Maryland child care centers, it is vital that the child care center have adequate and appropriate staffing in place to properly supervise the children in the facility. Like other States, Maryland has staff ration requirements set for in the child care / day care regulations. Pursuant to Title 13 A State Board of Education - Child Care Centers - Group Size and Staffing - Regulation 13A.16.08.03, a child care center must maintain the following staff to child ratios:

Children Ages Staff to Child Ratio Requirement
Infants 1 Staff Member for Every 3 Children
Toddlers 1 Staff Member for Every 3 Children
2 Years Old 1 Staff Member for Every 6 Children
3 or 4 Years Old 1 Staff Member for Every 10 Children
5 Years Old and Older 1 Staff Member for Every 15 Children

The above ratios may be affected by groups of different aged children. There are limits of what groups can be mixed and the number of children in each group. You can read about the various combinations of ages and groups allowed by reviewing the Group Size and Staffing Regulation.

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

In Maryland and Other States, children suffer serious personal injuries every day because a day care center / child care center is not properly maintained. Buildings and the general facilities are often times become run down or are already in a poor condition. As a result thereof, child are injured. Pursuant to Title 13 A State Board of Education - Child Care Centers - Regulation 13A.16.05.01, a child care center has a duty to provide and maintain a soundly constructed building or facility that is in good repair. The child care center must be clean and free from the infestation of insects and rodents. The child care center must also be free from safety hazards.

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

Children in Maryland day care centers / child care centers should be protected from all hazardous items inside and outside the facility. Pursuant to Title 13 A State Board of Education - Child Care Centers - Regulation 13A.16.10.04 - a child care center shall keep potentially hazardous items away from the reach of children. Harmful or potentially hazardous items include petroleum, gasoline, oil, and other flammable products. Cleaning agents like ammonia, bleach, and detergents need to be stored out of the reach or accessibility of children in the child care center. Poisonous items should be stored away from children and clearly labeled. The clear labeling of poisonous items will help prevent mistakes being made in the child care center as to these items. Firearms are prohibited from child care centers unless the child care center is located in a home. Even then, there are certain restrictions and regulations for the storage of a firearm in the home.

The purpose of these and other Maryland regulations is to protect children in child care centers from the real hazards and risk of personal injuries and deaths from hazardous conditions / products.