Child Injury Lawyer Blog

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.

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

In Massachusetts and other States, parents leave children unattended in a vehicle while running or doing an errand every day. In Fall River, Massachusetts, a father (Michael Monahan) was reported by Fall River Police for leaving his children unattended for a few minutes in a trunk of a vehicle. See Fall River - Massachusetts Father Leaves Children in Trunk While Running an Errand. While it did not appear that the children were physically harmed, leaving children in a trunk of a vehicle to run some errands is not a sensible way to supervise children. In some instances, a child can be harmed by being placed in a trunk of a vehicle. This is especially true when there is extreme cold or hot temperature. If the father forgot about the children and drove off, the children would not be properly restrained for transportation in the trunk of a vehicle.

There have been numerous incidents involving children who suffered personal injuries or death when they were left unattended or unsupervised in a vehicle. Parents should bring their children with them when running errands. Do not leave children unattended in a vehicle.

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

The Centers for Disease Control and Prevention have estimated that one in 150 children in the United States has some form of Autism. In Massachusetts that number is closer to one in 132. In the State of Massachusetts, autistic children under the age of three are currently are eligible to receive 40 hours of therapy through the Massachusetts Department of Public Health's early intervention services. But after that, the family is entirely dependent on their local school district. For children who need more help than the school district can provide, the family is on their own to find and pay for needed services.

Massachusetts State Representative, Barbara L'Italien, D-Andover has a nineteen year old autistic son, and has introduced a bill to the Massachusetts State Senate that would require insurance companies to cover treatment for Autism at the same level as for other ailments. The bill is part of a nationwide campaign by Autism Speaks, an autism advocacy group, to improve services for autistic children.

According to L'Italien, her son’s medical needs are just as real as those required for other, covered services, such as treatment for her daughter’s asthma.

Autism Speaks has commissioned a report in support of this bill and others like it; it shows that extending autism coverage to all insured persons would increase premiums by less than 1% annually, or about $40 per person covered. The report did indicate that the rate of increase is difficult to figure.

Opponents say that any increase is too much in a down economy, and that it would place a burden on small businesses. They add that only Massachusetts residents insured by state licensed insurance companies would benefit from the bill – about half of the population of the state. The bill’s proponents say that the bill would ease budget pressure on the state’s schools, which often provide the bulk of services to children with autism.

The bill has more than 100 co-sponsors, and supporters are optimistic that it will pass. That would make Massachusetts the 16th state in the US to require insurance to pay for autism treatments. Find out more about the bill and the plight of autistic children in Massachusetts at Bill seeks coverage for autism services.

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

Daycare owner, Shannon Veradt, of Taunton, Massachusetts, was allegedly found passed out on the second floor of her home while the children she was supposed to be caring for were unattended downstairs. Her own mother had called the police because she believed her daughter was drunk and she was worried about the children. Ms. Veradt admitted that she had been drinking, saying she was stressed from her marriage. This day care owner showed “poor judgment” but is being allowed to reopen the daycare center.

It seems shocking that this woman, who allegedly has a serious problem with alcohol, will be allowed to reopen her daycare center and take care of children. At least one parent was quoted as saying that she will not be returning her child to Ms. Veradt’s care. This just highlights how important it is for parents to thoroughly check out child care centers and child caretakers before entrusting their children to a relative stranger.

Find out more about this story at Daycare provider able to re-open after drinking on job.

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

The State of Massachusetts - Department of Early Education and Care plans on requiring day care centers and pre-schools to supervise toothbrushing of children. This plan will apply to young children who are under supervised care for more than 4 hours per day. Parents can opt out of this requirement if they choose. The new requirement for day care centers is aimed at preventing the ongoing problem of tooth decay in your children. You can read more about this story and problem at State of Massachusetts to Require Toothbrushing at Day Care Centers and Pre-Schools.

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

The Division of Emergency Medicine for Children's Hospital Boston completed a study regarding child injuries and glass table tops. The study was a collaboration with Consumer Reports. The study concluded that the incidence of glass table top injuries were higher than anticipated. It was the conclusion of the doctors involved with the study that safer glass table tops would have avoided the incidence or number of these injuries. In response to the information yielded from the study and other factors, glass table top industry leaders issued new standards that recommended using tempered glass when producing or manufacturing glass table tops. You can read more about this study and why tempered glass can help avoid injuries at Medical Study of Glass Table Top Child Injuries Leads to Changes in Glass Table Top Injuries.

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

The State of Massachusetts is imposing new requirements on day care providers including in home day care providers. Opponents argue that the regulations and restrictions put a heavy burden on small day care providers. Advocates of such regulations including the State of Massachusetts point out that the regulations help provide for and promote the safety and well being of children placed in day care centers throughout the State. The changes to Massachusetts law will take effect in January 2010. An article posted in the Boston Herald covers the new laws and seems to make more of an argument against the regulations.

Many day care operators, who voice opposition to regulations and standards, just do not want to follow them. It does not seem to be much of a burden to require day care centers to have periodic progress reports on file for each child in the day care center. Day care centers should be held accountable and this kind of regulation helps authorities inspect and review care provided at a day care center.

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

In Brighton, Massachusetts, a man suffered serious personal injuries when he was hit by a car. The man was in the process of strapping a child into a car seat at the time that he was hit by a car. The injuries were reported as massive head trauma. The police arrested Cathy Bergin-August, age 47, from Boston Massachusetts. She was charged with leaving the scene of an accident with personal injuries and the negligent operation of a motor vehicle. You can read about this story at Man Suffers Massive Head Injuries When Struck by a Car in Breigton, Massachusetts.

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

In Medfield, Massachusetts, an elderly driver hit two children when the driver was pulling out of a church parking lot. The children (approximately 2 years old and 5 years old) were crossing the crosswalk with their grandmother according to police. The 2 year old suffered facial trauma but the injuries were not reported to be life threatening. The driver was reported as 83 years old. You can read this story at Elderly Drive Runs Over Children in Crosswalk in Parking Lot.

It appears from the facts of this story that the grandmother and small children were properly using the crosswalk. Unfortunately, some drivers are distracted or do not see pedestrians using crosswalks.

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

The Massachusetts Department of Heath requires recreational / summer camps to complete an Accident / Incident Report for injuries / ill campers. The form must be completed when a camper suffers a death or serious personal injury that requires the camper to be sent home or requires the camper to be seen in a hospital or doctor's office for evaluation. Serious personal injuries include those requiring suturing or resuscitation. They also include injuries involving broken or fractured bones or admission into a hospital. The incident / accident report must be submitted to the Massachusetts Department of Health within 7 days of the incident causing the injury.

If you have a child in summer camp / recreation camp who suffers an injury as a result of negligence or inadequate supervision, contact a Massachusetts child injury lawyer / attorney for consultation, advice, and representation as to issues involving past medical bills, current medical treatment, future medical bills, and compensation for pain and suffering associated with the personal injuries.

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

Violence comes in many forms in today's world. Children are affected by violence very day. Some suffer physical personal injuries from assaults, battery, sexual molestation, shootings, fights, and bullying. Others suffer psychological injuries or mental pain and suffering from acts of violence. Some children suffer both physical and psychological injuries from acts of violence whether the children are the actual victims or targets of the violence or just witness the violence.

Symptoms of PTSD include attention problems, sleep problems, intrusive thoughts, nightmares, flashbacks, and other symptoms of psychological distress.

Dr. Shakira Franco Suglia at the Harvard School of Public Health located in Boston, Massachusetts, conducted previous research on children. He identified a disruption of the stress hormone called cortisol in children with a diagnosis of PTSD. Dr. Suglia another now believe that they have found similar findings in children living in urban communities who are exposed to community violence.

Psychological distress often manifest itself in behavioral and developmental issues. It can have far reaching affects on a child from his or her functioning at home, school, and with friends.

You can read more about this story at Children Exposed to Violence At Risk for Psychological Distress.

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

In Massachusetts and other states, school bus drivers should pay close attention to driving and supervising the children on the bus. School bus drivers should not use mobile phones while driving and certainly should never text message while driving. School bus drivers who allow themselves to become distracted by such technology put children in danger and, yes, risk the loss of a job. In Massachusetts, a school bus driver was caught texting and driving on video on a student's mobile phone. First Student, the school bus company based in Cincinnatti, Ohio fired the bus driver who was driving Clinton, Massachusetts students from Assabet Valley Technical High School.

You can read more about this story and actually see a You Tube video of the incident at School Bus Driver Caught Texting on Massachusetts Route.

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

In Massachusetts and other states, operators of public transportation vehicles like buses and trolleys are using their cell phone and mobile phones on the job. What's wrong with this? Everything is wrong with this if the use of the cell phones / mobile phones distract the drivers and cause serious accidents involving personal injuries and, in some instances, death. Text messaging and e mailing from cell phones / mobile phones are especially dangerous acts. The driver / operator's eyes are on the cell phone / mobile phone screen rather on the road and traffic. This in turn, puts the people in danger including the trolley passengers, pedestrians, other motorists, and bicyclists.

In Boston, Massachusetts, the head of the transit authority recently stated that he may ban all train and bus operators from carrying cell phone / mobile phones. This statement was made following an accident involving a trolley operator who was texting his girlfriend just prior to an underground trolley accident.

In the recent underground trolley accident, over 40 passengers were injured when one trolley crashed into another trolley at 7:20 p.m. The trolley operator admitted to police that he was text messaging his girlfriend at the time of the crash. Officials stated that the trolley operator would be fired if he was indeed texting at the time of the crash. Criminal charges will be considered the by the police and district attorney's office.

You can read more about this story at Boston Authorities Considering Ban on Cell Phones / Mobile Phones While Operating Trolleys, Trains, and Buses.

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

An 11 year old Springfield, Massachusetts boy recently committed suicide after daily
taunting and teasing incidents of being gay. His mother made weekly pleas to the school about the problem that ended in her son's death. Carl Joseph Walker-Hoover died by hanging himself.

A child should not have to endure such teasing and taunting anywhere, and certainly not at school. Teasing and bullying takes many different forms, and unfortunately bullies will find something to pick on. Schools are meant for education, and this education needs to include teaching the bully what his or her actions do to others, and to also work with all children to explain that bullies are often acting out of their own insecurities. Teachers need to be better trained to notice bullying and its victims.

Even though schools should be havens of safety and education for children, unfortunately, they are often the source and location of angst for children who are gay, appear to be gay, or are singled out by bigoted and ignorant students who label or accuse them of being gay. Sexual orientation in one direction or another is no excuse whatsoever for intolerant bullying behavior any more than the color of someone's hair or skin.

Almost 90 % of LGBT (lesbian - gay - bisexual - transgender) teens report that they have been verbally harassed at school. Over 40 % report being physically harassed. This is simply unacceptable. Children should be taught that everyone is different, and to appreciate and accept those differences. When needed, schools should take swift corrective action to ensure that bullying isn't tolerated. Far too often victims of bullying end up committing suicide or committing acts like those that occurred ten years ago in Columbine, Colorado. The stakes are simply too high to allow what happened to young Carl Joseph Walker-Hoover to happen again.

You can read more about the problems with bullying in schools at Bullying of Gay Students - Problem and Statistics.