Child Injury Lawyer Blog

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, parents rely on day care centers to provide supervision and education during the work day. Most parents hope and believe that their children are receiving quality care and mentoring while in the day care center. Unfortunately, children often times do not receive the care or supervision they need in a day care center. As a result of the lack of timely and consistent supervision in a day care center, children suffer personal injuries. Many of these injuries could have been avoided with better and more attentive care and supervision on the part of the day care center staff. A study by the Children's Investment Fun surveyed 182 day care centers and found deficiencies ranging from unsafe playground to lack of available indoor play space to poor ventilation at various day care centers. See Study - Many Massachusetts Day Care Centers Are Deficient.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, there is a problem and danger to children enrolled in day care centers. The problem lies with the simple but potentially deadly mistake of leaving a child in a hot vehicle. When a child is left unattended in a vehicle without air conditioning or other proper ventilation, the temperature in the vehicle can reach heights that affect the health and well being of a child. Even the passage of a few minutes can result in serious personal injuries and, in some instances, the death of a child. Often times, action is only taken after the tragic death of a child left unattended in a school or day care center vehicle to change or strengthen laws and regulations. A simple checklist and due diligence by the staff of a school or day care center can and does prevent tragic personal injuries and deaths from taking place. See Massachusetts Panel Considering Measures to Prevent Day Care Center Tragedies from Taking Place in the Future.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills and Medical Treatment, and other topics. You can get this book for free at Free Child Injury Resource Book for Parents.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, children are at risk for personal injuries due to dangerous intersections, crosswalks, and bus stop areas. The State of Massachusetts identified dangerous intersections and spots where serious personal injuries have been reported. Statistics, while useful, will do nothing to protect the next child from being a victim of an accident at or near an intersection, crosswalk, bus stop, or school. Here are some tips that parents and other child care providers can follow or keep in mind:

*Educate your child on safety tips while walking to school and / or riding a bicycle to school;

*Make sure that the child is age appropriate and has good judgment to be able to walk or ride his or her bicycle to school; and

*Select routes to school that are safer than others. Try to use routes that have crossing guards.

For additional safety tips and information on this subject matters, See Dangerous Intersections and Areas for Children in Massachusetts.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, a toddler enrolled in a day care center was found dead after being left alone in a day care center van for hours. It was quite a tragic scene and situation when the 13 month old toddler was found in the van parked in Dorchester, Massachusetts. After this most unfortunate and tragic incident, investigators and State regulators shut the day care center down. The van was marked with a sign - Gloria's Luna Family Day Care Center. See Child Found Dead in Massachusetts Day Care Center Van.

Children in day care centers are at risk for serious injury and death. In transporting children, it is important for day care centers and transportation companies to make sure that all children properly board the bus and all children properly depart the bus. A simple checklist and due diligence on the part of the day care center drivers and staff members can help avoid tragedies like the one that took place in Dorchester, Massachusetts. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Damages / Compensation, and other matters. In the Day Care Center Chapter, there is information on Day Care Center Transportation.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Around 50 children escaped serious personal injuries after a car crashed into the playground of a Medfield, Massachusetts daycare center at the intersection of North and Frairy Streets. Luckily, it was raining the day of the crash so no children were outside playing on the playground of the Beginning Years Child Development Center. Eyewitnesses of the crash said the driver of the vehicle, a Jaguar, that crashed into the playground, appeared to be in her eighties. The driver's daughter, Kathy Walsh, was also a passenger inside the vehicle at the time of the accident. Police stated that Walsh's 86-year-old mother had just dropped a letter off at a drive-up mailbox outside the post office when the car careened across the parking lot, over the curb, across the driveway of the daycare center and into the playground sandbox. Both Walsh and her mother sustained minor personal injuries and were taken to nearby hospitals for observation. None of the children attending the daycare center were injured. The owner of the building of the child care facility said he planned to put a permanent barrier between the driveway and playground to provide for the safety of the children in case there is an accident in the future near or into the playground area. For more read About 50 children escape serious personal injury after car crashes into playground sandbox in Manfield, Massachusetts.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former basketball coach for Christ the King men's basketball team recently admitted to molestation allegations dating back to the summer of 1976. Former Coach Bob Olivia will receive five years probation for abusing his then 14-year-old player, James Carlino. Olivia must also register as a sex offender, wear a GPS device, and is not allowed to coach or have contact with a child under 16. Carlino, now 49-years-old, claims he was molested by Olivia on trip to watch the Yankees play the Red Sox and then at least 100 times after that. Carlino also claimed the sexual abuse occurred over a 4-year period when he played youth basketball at St. Teresa of Avila Parish and St. Mary Gate of Heaven Parish, both located in Queens, New York. Carlino was between the ages of 12 and 16 when the sexual abuse occurred and Olivia was his coach. Carlino filed a $20 million dollar lawsuit in Massachusetts, because state law dismisses the statute of limitations if a defendant is from out of state. Two other men have since come forward alleging similar allegations. For more read Former youth basketball coach pleads guilty to sexually abusing his former players.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An 11-year-old boy of Salisbury, Massachusetts has been charged with assault and battery under the state's anti-bullying law. According to authorities, the boy hit a smaller student with a backpack and slapped him, leaving a hand impression, while on a school bus. The boy has been indefinitely suspended from all bus privileges. The state's anti-bullying laws encourage students to come forward with incidences of bullying. With the anti-bullying laws children feel something will actually get done and they will be taken seriously if they do come forward. Under the law, schools must have plans in effect regarding how to hand incidences of bullying and all incidents must be reported to local law enforcement. The 11-year-old boy who was charged reportedly has a history of bullying. After the most recent incident on the school bus, Salisbury police school resource officer Mike Adler began to assist in the investigation. Using the state's anti-bullying laws against student bullies shows victims they will be taken seriously and will be safe at school in the future. For more read Massachusetts uses anti-bullying laws to charge 11-year-old boy after incident on school bus.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother's boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy's body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as "heinous." 33-year-old Sandra Augusto, the child's mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 4-year-old New Bedford boy sustains "heinous" beating, mother and boyfriend arrested.

Both suspects are entitled to legal representation to defend against the criminal charges by a private criminal defense attorney or by the public defender's office. Physical violence committed against a child invades the child's right to be free from bodily harm. Although children are unable to seek action against their abusers themselves, the State of Massachusetts can prosecute the abusers as well as designate a Guardian Ad Litem or other legal representative to protect the child's rights and interests.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Massachusetts teacher who ran off with a 15-year-old male student back in 2009 has been sentenced. Judge Cornelius Moriarty sentenced 25-year-old, former elementary school teacher, Lisa Lavoie, to 5 years probation. Lavoie was charged in 2009 after she and a 15-year-old boy ran off together. The pair were found together a week later in a motel in Morgantown, West Virginia. Lavoie pleaded guilty to 3 counts of statutory rape and once count of enticement of a child under 16 years of age. State prosecutors asked for 3-5 years imprisonment, a sentence consistent with statutory guidelines. However, Lavoie was spared jail time because Judge Moriarty believed she will not reoffend given the particular circumstances of this case. Moriarty does not believe this relationship was sought out for sexual gratification, unlike most adult-child sexual relation cases. As part of her probation, Lavoie was ordered to not have any contact with the boy or his immediate family. Prosecutors also asked Moriarty to order Lavoie to not have any unsupervised contact with children under the age of 16. However, Moriarty, believing Lavoie to not be a sexual predator, denied the state's request. Lavoie was also ordered to complete an alcoholic rehabilitation program. Lavoie's attorney, says she accepts responsibility for her actions and in no way excuses what she did. For more please see Former Massachusetts teacher sentenced for 5 years probations after pleading guilty to statutory rape charges.

Although many criminal sentences will be decided on case-by-case basis, people and victims of sexual abuse should not be deterred from revealing or otherwise informing someone about the abuse. Statutory rape is a crime and perpetrators will be prosecuted criminally.

By By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Lynn, Massachusetts, a personal injury lawsuit was filed against the owner and operators of a home-day care provider after their son fell from the home's second story porch and crash head first in the cement. John Yasi, attorney for the Lynn family, said the young boy, Kelvin Sholola, sustained severe personal injuries including a brain injury and fractured bone in his forehead. Yasi also stated that Kelvin may suffer lifelong developmental issues because of the incident due to Kelvin's age and the location of his personal injuries. The lawsuit against the Massachusetts day care operator, Lucilia Guerrero, who was licensed to operate the facility, left Kelvin, who was 21-months-old at the time, and his two other siblings unattended. Being left unattended, Kelvin fell from the second-floor porch of the home because of "rotted wooden slats and insufficient protective barricading." The kids were apparently prohibited from being on the porch by the home's state license. Therefore, the family is not only alleging the children were improperly on the porch, but also that they were unsupervised by Guerrero. Kelvin was "comatose for several days" after the incident. However, he is presently out of the hospital although his speech, amongst other things, have appeared to slow down in development. Guerrero eventually surrendered her license after the incident. For more on this story see Family files lawsuit after 2-year-old boy falls from porch of his home day care facility.

This injury, like many other childhood personal injuries, was preventable. Constant and consistent supervision is key to keep children from suffering severe or critical personal injuries that could have lifelong consequences.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A school district is Massachusetts implemented a new school policy that makes condoms available to all students, including elementary students. Peter Grosso, Provincetown School Board Chairman, explained that because there is no set age for when children decide to become sexually active, the committee refrained from setting an age for condom availability. Under the policy, a student who requests a condom from a school nurse must receive counseling first, which includes information on abstinence; the policy does require the parents to be contacted. The policy was approved by Provincetown's school committee on June 10 and will take effect in the fall. The policy is receiving widespread criticisms. For example, Kris Mineau, president of the conservative Massachusetts Family Institute, called the idea absurd. To read more on this story see Massachusetts School District receives criticisms for new condom policy.

Sex education is important - children need to be counseled on the dangers of sexually transmitted viruses and pregnancy risks. Parents and school boards or committees should work together on formulating programs to educate children about the consequences of sexual activity. If a compromise can be met between the conflicting views, our children can be taught and an adequate and important lesson without offending the views and beliefs of their parents. Of course, there are many parents who believe that sex education is best taught in the home or through a private counselor or a church / other religious institution.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Massachusetts couple, Edwine Louissaint, age 33, of Dedham and David Augustin, age 34, of Milton left their children, ages 1 and 10-years-old, alone in a vehicle in a Foxwoods Resort Casino parking garage. Louissaint and Dedham were charged with risk of injury to a child, leaving a child unsupervised in a motor vehicle, and second-degree reckless endangerment said chief spokesman for the Connecticut State Police, Lieutenant Paul Vance. According to police, the couple’s children were turned over to the Massachusetts Department of Children and Families. Surveillance and gambling records revealed that the couple was in the casino for over an hour, stated Vance. Police arrived to the scene after receiving a call from someone who observed the unattended children. To read more details on this incident see Couple leaves children unattended in vehicle while gambling inside a casino.

The negligence of these parents is disturbing. Children should never be left unattended in a vehicle. Closed vehicles are dangerous environments for children. The temperature inside a vehicle can become 45 degrees Fahrenheit or higher than the temperature outside. Also, a child’s core body temperature accelerates 3-5 times faster than an adult. Children are at a high risk of suffering from a heat stroke, which can leave permanent injury or result in death. To read more on the risks of child heat stroke see Closed vehicles are dangerous places for children.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, child safety advocates are trying to get tougher or more restrictive All Terrain Vehicle (ATV) legislation put in place. Currently, Massachusetts laws allows a child 10 years of age and older to ride on an ATV with adult supervision. Proposed legislation would raise the age in Massachusetts to 14 and older. Katie Kearney is a mother and a proponent of such legislation. Her son died following an ATV accident in 2006 after he suffered serious traumatic brain injuries. He was riding the ATV at a friend's house.

Dr. Lois Lee, the director of Children's Hospital Boston - Emergency Department Injury Prevention Program, points out that there is a substantial risk of injury and even death to children who ride on All Terrain Vehicles (ATVs). Statistics show that
injuries there were 900 child personal injuries reported between 2004 - 2005 in Massachusetts. Approximately a quarter of these injuries required treatment in intensive care for serious personal injuries. Some even had serious traumatic brain injuries.

Yes, ATVs are fun but they are truly dangerous vehicles especially for children. You can read more about this story at Families Pushes for Tougher ATV Legislation in Massachusetts.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In East Bridgeater, Massachusetts, homeowners are assessing the damages after a party left their home and possessions in partial ruin after a teenage party went bad and violent. While the homeowners were out of town, the homeowners' 18 year old son was encouraged to have a party. Once word of the party spread through Facebook, the party swelled in numbers and destruction. Doors were kicked in, furniture was ruined, and people (for whatever reason) urinated in all parts of the house. A police investigation ensued and arrests were made.

While parties of this nature certainly existed prior to the age of the Internet and Facebook, it seems that Facebook and Social Media sometimes aggravate an already bad situation. It is uncertain how many people learned of the party and the out of town parents through Facebook and Social Media.

This case and incident should be a good teaching tool for parents, children, and any others using Facebook. There are all kinds of people on Facebook. Beware and be careful anytime you are using Social Media. You can see the aftermath of this party gone bad at Teens Arrested After House Party in East Bridgewater, Massachusetts.

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

Unfortunately, arguments and hot tempers have become commonplace at child sporting events. A survey by SportingKid magazine found that 76% of respondents had witnessed a verbal argument at a game, and a whopping 29% had witnessed a physical altercation – all between adults.

Experts charge that an atmosphere of tolerance has become pervasive, and that it is ruining the spirit of the game for children. Stories of ridiculous behavior include a former Mississippi congressman exchanging blows with a referee after the referee made a comment that caused the congressman’s child to cry. Other stories are much more serious, including the beating death of a parent at a youth hockey game in Massachusetts. The beating took place in front of two teams of ten year old hockey players. The National Association of Sports Officials reorts that it receives over 100 reports each year of physical contact by coaches, players and fans against referees. Referees have been kicked, punched, choked, head-butted and even knocked unconscious.

Ironically, the main lessons kids are supposed to get from team sports are teamwork, how to win or lose gracefully, and how to play by the rules. When parents lose control they are setting a very bad example for kids. Overzealous parents are teaching kids that it is okay to taunt the other team, to cheat, to keep playing even when injured, and to yell at officials when they disagree with a call. Experts and reasonable parents are calling for training, discipline and tough punishments for unsportsmanlike behavior. A special training program in Mississippi has resulted in a significant reduction in the number of players and coaches ejected from games for bad behavior. A similar program in Alabama has reduced ejections by 62%. Find out more about what schools and parents are doing to curb sports violence at Violence mars youth sports.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Massachusetts five year old boy and his seven year old sister were visiting family recently when the visit turned tragic. The family’s pet bullmastiff charged the children, wounding the little girl and seriously injuring the little boy. The dog reportedly attacked without warning or provocation, as the family was leaving the house. The child suffered serious facial injuries from the attack and was taken to the hospital. The dog, a 2 ½ year old, is under the supervision of animal control officers and will remain in quarantine until the owners make a decision on what to do with the animal.

Small children and aggressive dogs too often turn into a tragic mix. Animals can strike without warning if they become spooked, and small children are especially vulnerable because they might do something to unwittingly provoke an attack. Parents should be very wary when bringing their children into a home with a large or aggressive dog breed. Dog owners need to be sure to keep their pets securely restrained when children are in the house. You can find out more about this holiday dog attack at Child attacked by dog in Dighton.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A new study done by the University of North Carolina at Chapel Hill and partially funded by the National Institute of Child Health and Human Development, has quantified the extra financial burden carried by low-income families with a special needs child. The study was designed to look at cash outlay for special medical services based on the state in which the affected family lives. The study found that the financial burden varies significantly from state to state.

The most impacted families are low-income families in Georgia, who spend an average of an extra $971.22 in out of pocket expenses for a child requiring special medical care. Massachusetts had the lowest out of pocket expenses at $561.97. Florida was number forty six with $855.19.

The study also looked at the percentage of affected families paying for extra care out of pocket; Mississippi had the highest percentage, with 94% of families with a special needs child paying extra expenses for their care. Michigan had the lowest percentage at 86%. Not surprisingly, states with more substantial Medicaid and State Children’s Health Insurance Programs place the least financial strain on families. Read more about the study and see the full list of extra payments by state at Special-needs families hit hard by out-of-pocket health care costs.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, day care centers have a duty to properly supervise children. It is vital that the children receive constant and consistent supervision. This includes but is certainly not limited to making sure that children remain in the facility. When a child leaves a child care facility without proper adult supervision, serious personal injuries and even wrongful death can result. In Douglas, Massachusetts, two young children were found wandering approximately 1/2 mile from the facility. Fortunately, the children did not suffer any injuries and were not abducted. Police were contacted and the children were eventually reunited with their families. Just because neither child was injured does not take away from the seriousness of this matter. The Massachusetts Department of Children and Families will investigate this matter to determine what procedures were in place, what procedures were followed, and what steps need to be taken in the future by this day care center to make sure that similar incidents do not take place in the future. You can read more about this story at Douglas Massachusetts - Two Children Wander Away from Day Care Center.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Many of us can remember our parents telling us not to jump on the bed when we were kids. It turns out that they were not just being spoilsports; a vigorous bed jumping session in Massachusetts recently started a house fire that burned down two homes and damaged a neighboring apartment building. The blaze did not seriously injure anyone, but the homes destroyed were three-family residences and the apartment building had to be evacuated as well, so it left thirty-three people homeless just in time for the state’s first snowfall.

Brockton Fire Lieutenant Edward Williams explained how they believe the fire was started; the bed the children were jumping on was against a wall, and between the wall and the mattress was a cell phone charger that was plugged into a wall outlet. The vigorous jumping on the bed repeatedly jammed the heavy mattress into the charger, damaging the cord and causing a spark that set the bed, and the rest of the house, on fire.

It it likely that neither the children nor their parents had any idea that a bout of youthful exuberance would end in such a terrible fire. But parents everywhere can learn from this story and make sure that, even if they cannot keep their kids from disobeying house rules, they can keep electrical devices out of harm’s way. Find out more about how jumping on the bed can cause a fire at Children Jumping On Bed Sparked Brockton Fire.