Child Injury Lawyer Blog

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

Child injured on Maryland State Fair swing ride. A 9 year old boy was injured at the state fair in Timonium, Maryland when he decided to exit the ride while it was still in motion. According to officials this Incident was the most serious injury at the fair this year. The injured child was taken to Johns Hopkins Pediatric Intensive Care Unit. The severity of the child's injuries is unknown.

Millions of people attend state fairs every year. While at the fair, theme park, or amusement park, it is important to keep a watchful eye on your children. As a parent, you should always check regulations regarding age and height requirements for all rides. It the the job of the Maryland Department of Labor to inspect the safety of all the rides at the Maryland State Fair. For more information see, Maryland Sate Fair Swing Ride- 9 Year Old Child Injured.

Dealing with a child injury can be very difficult and stressful for the parent. There are a number of issues and problems that arise when a child suffers an injury. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Amusement and Theme Park Injuries, Water Park Injuries, Day Care Center Injuries, Damages / Compensations, and other topics. You can received this book for free at Free Child Injury Book for Parents.

By Benjamin Klopman, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

A new study confirms what common sense has known for a long time - that proper installation of appropriate safety devices can prevent child injuries at home. The study shows a clear link between babyproofing one’s home and a reduction in child injuries. The researchers at Cincinnati Children’s Hospital Medical Center looked at two groups of families with infants. One family had properly installed and maintained child safety devices in their home whereas the other family did not. The family that took the safety precautions had 70% fewer injuries requiring medical attention.

The study’s lead investigator, Dr. Kieran J. Phelan, said that parents may not have the time, training or resources to obtain and install the proper safety products. As such, The International Association for Child Safety (IAFCS) is encouraging parents to use the help of a professional babyproofer to help them choose and install the appropriate safety devices. The IAFCS is a worldwide network of child safety professionals and babyproofers that have helped parents to keep their home safe for over 15 years.

Regardless of whether Baltimore, Maryland parents chose to use a professional childproofer, parents can reduce the risk of injuries in their home by picking one, ten, or 100 things to make your home safer. For more information on this topic, see babyproofing one's home reduces child injury risk by 70%.

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

When transporting children, it is important for school districts and school bus drivers to maintain control and order on the school bus. Because of the dangers and risks involved with transporting children, most school districts have written policies and procedures in place that school bus drivers and attendants must follow in order to promote the ongoing safety of the children on the bus and others on the roadway. When there is a problem with a school bus driver or transportation to or from a school, a parent should address the issue with the school administration and transportation department. In addition, a parent should review the policies and procedures in place for a school district to find out what the procedures are and if the procedures were followed. Of course, if there is a serious personal injury to a child that took place as a result of the negligence of the driver or other school employee, a Child Injury Lawyer can assist the parents with the investigation and all of the other issues that are associated with the child injury including the medical bills, medical treatment, and compensation for expenses as well as pain and suffering. It is important to address both the incident itself as well as the future transportation needs of the students so that other incidents do not take place that put children at risk for personal injuries.

In Baltimore, an incident was reported in which a special needs student was injured and died as a result of injuries suffered when he fell to his death from the back of a moving school bus. According to news reports, Jeremy Jennings, Jr. displayed behavioral issues that would have justified the bus driver to pull over to address the behavior to properly maintain order on the bus. Better bus and behavior management may have avoided this most tragic incident. You can read more about this story at Boy Falls to His Death in Baltimore Maryland Out of Moving School Bus.

See also Special Needs Student Dies After Falling from Bus - Legal Rights of the Child and His Family.

When a child suffers a personal injury, a parent is faced with many issues and decisions to make on behalf of the injured child. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know provides information on issues that arise with a Day Care Injury, School Injury, Automobile Accident, Sports Related Injury, and other causes. You can receive a free book by clicking here.

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

When transporting children, it is important for the driver and all assistants and attendants on board to know the needs and abilities of the children being transported. This is especially true when a school or day care center is transporting a special needs child. A horrible tragedy took place in Baltimore County, Maryland when a 6 year old special needs student (Jeremy Jennings, Jr.) fell out of a moving school bus. The mother, who is very well versed in her son's education and special needs curriculum, rightfully questions how the incident took place. What actions did the bus driver take? Where were the attendants at the time of the incident? Why wasn't Jeremy properly restrained or secured in his harness? What are the policies and procedures for school transportation? Were the policies and procedures followed? In the wake of the incident, the two assistants were discharged from their employment.

Jeremy suffered a severe head / brain injury as a result of the incident and eventually died from these injuries at John Hopkins Hospital. See Special Needs Student Dies from Injuries Related to Falling Out of Moving Bus.

In Maryland, the parents a minor child can pursue a claim or case for the negligent death of a child and demand damages for mental anguish, emotional pain and suffering, loss of society, companionship, and comfort of the minor child. Really, no amount of money can award a grieving parent for the death of a loss of a parent. Nevertheless, the laws are set up to allow a Judge or Jury to make a financial determination for the proper award to the surviving parents.

Parents must deal with a variety of practical, medical, insurance, and legal issues when dealing with the aftermath of a child injury. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has sections in the book on School Injuries, Automobile Accidents, Medical Bills and Treatment, Damages and other topics. A free copy of the book can be obtained by clicking here.

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

Karl Marshall Walker, Jr., a 38-year-old teacher's aide, was found guilty of sexually abusing a third-grade student at Bryant Woods Elementary School. Walker's conviction sets precedent in the state of Maryland for a sex crime conviction without evidence of inappropriate physical contact. Walker worked at the school for over three years. During that time he wrote dozens of love letters to the 8-year-old girl upon which he was convicted. These letters contained Walker's desire to kiss the girl and requests that she kept the correspondences between them secret.

Howard County Circuit Judge Diane O. Leasure stated that sexual acts were not limited to physical acts. The totality of the circumstances, including the love letters, hugging and hand-holding, were exploitative. Walker's sentencing date was set for some time in January and could face up to 14 years in prison in accordance with sentencing guidelines. In the meantime, Walker has been placed on supervised probation and ordered to not have contact with children younger that 18-years-old. However, the judge did make an exception for Walker's two children, an infant and a 10-year-old. If you would like to read more on this story please see Michigan Teacher's aide found guilty of sexually exploiting a third-grader.

Sexual exploiting minors is a heinous crime, which may inflict lifelong physical and emotional injuries upon the victim. If you believe someone is the victim of child abuse, sexual or physical, contact local authorities immediately. Contacting local authorities will initiate a criminal investigation into the alleged conduct and put the perpetrator behind bars as well as stop the abuse.

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

In Maryland and other States, parents, who need to place a child in day care, must make the decision between a Maryland home day care center and a Maryland commercial or traditional day care center. A good article was posted regarding this topic at Advantages and Disadvantages of Day Care for Kids.

The advantages of Maryland home day care centers include the following:

*Cost is typically lower than traditional commercial Maryland day care center;
*Small number of children allow for individualized attention;
*Typically one child care provider which allows the child to bond with the child care provider;
*Few children may equate to fewer illnesses and germs;
*Size of the home day care center allows for more flexibility in accommodating individual needs of the child and family.

The disadvantages of Maryland home day care centers include the following:

*More staff members allow for continued care if one caregiver is sick or goes on vacation;
*Rules are typically more formal and this may lead to better following of these rules as to the care of the children; and
*There are typically supervisors in place to monitor the actions of the caregivers.

Of course, there are other advantages and disadvantages to each type of day care center in place. A parent should inspect the day care center to make sure that the needs of the child can be met and are met by the day care center.

Consistent child care supervision can help prevent serious child personal injuries from taking place. Unfortunately, many day care centers, whether the day care center is a Maryland home day care center or a Maryland commercial day care center, fail to provide adequate supervision and safety precaution. This, in turn, can lead to a serious child personal injury.

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

In Howard County, Maryland, Judge Timothy McCrone sentenced Michael Adegoke Oye-Adeniran to a 20 year prison term for crimes committed against his niece. Prosecutors brought a case against this man for an incident involving a scalding incident. The allegations were that this man got angry when the child soiled herself so he put her feet into water that was 160 degrees. The severe heat of the water caused severe personal injuries to the child who was 2 years old at the time. The water was so hot that she suffered second and third degree burns to her feet. It was reported that the water was so hot that her toenails melted off. ( See Maryland Man Gets 20 Year Prison Sentence).

Parents, caregivers, day care providers and others should recognize that children will have potty problems. At times, children will soil their diapers or underwear. This can even happen with an older child. Child caregivers should keep everything in perspective and should never ever use physical harm like scalding water to discipline a child. The child's personal injuries in the form of physical scars and psychological scars will last a lifetime for a child. Corporal punishment of this nature is criminal and should be and was subject to a long prison term.

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

In Montgomery County, Maryland, a former elementary school teacher and field hockey coach was sentenced to 5 years in prison. John Joseph Kovach served as an assistant field hockey coach at Towson University and a teacher at a private elementary school located in Montgomery County, Maryland. How did the teacher - coach and mentor to children get caught? Well, according to the news reports, Mr. Kovach went online and engaged in a sexually explicit chat with a girl who he thought was 13 years old. Following investigation including a warrant for his computer was conducted. Investigators found 252 photographic images and nine videos showing child pornography. The evidence seemed to be quite strong against Mr. Kovach. It is amazing that people go online and think they are invisible and cannot be caught. It is very disturbing to know that teachers, coaches, and mentors are trolling the internet looking for their next victim. You can read more about this story at Former Teacher and Coach Gets 5 Year Prison Sentence for Child Pornography.

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.