Child Injury Lawyer Blog

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, it is now a felony to drive a vehicle while intoxicated with a child in the vehicle. Drivers, many are the very parents of the child in the vehicle, should refrain from driving any time that a child or any other person would be put in danger while driving under the influence of drugs or alcohol. Far too many personal injuries and deaths occur on New York roads due to drunk driving. The New York law was named after a child who died as a result of a drunk driver. Leandra Rosado, of Manhattan (New York) died as a passenger in vehicle going to a sleepover. There were also six other children in the vehicle at the time. While this law will not bring Leandra, who was only 11 years old at the time of the incident, back to us. Hopefully, the law will be a further deterrent to continued drunk driving on New York roads. You can read more about this law at New York's Felony Law Takes Effect.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Manhattan, New York, the Office of Special Narcotics arrested Akwasiba Radellant, age 36, for running a drug den out of an apartment that also served as a day care center. Ms. Radellant, of course, is entitled to representation from a private criminal defense attorney or the public defender. Ms. Radellant claims that the marijuana did not belong to her and she had no knowledge of its presence in her apartment. Prosecutors, however, believe that Ms. Radellant was involved and had knowledge of the drugs in the apartment since a digital scale was obtained as evidence. In addition, plastic bags were covering windows to the apartment as well. Ultimately, this case will result in a plea deal or a trial. The evidence and witness statements must be analyzed by each side to determine how the case will be pursued or defended.

Day care centers in New York and other States should be a haven of safety and education for children. Drug dealing or use near children can lead to dangerous and disastrous consequences. Day care operators should take all reasonable efforts to act in the best interests of children under their care. You can read more about this story at Manhattan Day Care Center Was Drug Den: Prosecutors.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other states, infants and small children are at increased risk for injury when riding in an automobile. This is especially true for children who are not placed in a infant seat, child seat, or booster seat based on the age and / or size. New York law was recently changed to require children through the eighth birthday to have a booster seat. There is an exemption for children younger than 8 who are 4 Feet 9 Inches Tall and / or who weigh 100 pounds or more.

Seat belt and safety equipment laws help save lives and help prevent or lessen the extent of personal injuries suffered in an automobile accident. With or without a law in place, parents should exercise due diligence and care when transporting children. You can read more about the New York law and the reasons for these requirements at New York Increases Age Limit for Booster Seats.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Chester, New York, a child was reported to have suffered a skull fracture. The
Lo Hud (Lower Hudson) Website provided some details as to the allegations against Jose Cruz, who is accused of slamming the child when her crying disturbed Cruz while he was watching a soccer match on television. Young children cry from time to time. Some infants even cry for extended periods of time. Rather than hit or assault a child, parents, caregivers, and / or babysitters should take a deep breath and remind themselves that babies will be babies. Police believe that the actions of Mr. Cruz resulted in the baby suffering a skull fracture to the back of her head. Cruz was the boyfriend of the woman who was responsible for babysitting the child.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Seventeen year old Lars Haas had allegedly been drinking and smoking marijuana when he ran a red light and plowed into a truck. The driver of the truck, seventy one year old Robert Meehan, was ejected from the truck and died from his injuries. The boy was driving his mother's, Susan Haas’s, car at the time of the accident, but that is not all that his mother allegedly gave him: she has been charged with providing alcohol to Haas and some of his friend’s before loaning the boy her car. Ms. Haas was not in the car when the accident occurred. Police have reported that Haas’s blood alcohol level was over the legal limit for the state of New York, and that he had marijuana in his system as well. He has been charged with aggravated vehicular homicide and driving while intoxicated (DWI) among other charges. Ms. Haas has been charged with furnishing alcohol to a minor.

The legal drinking age is twenty-one for a good reason. Teenagers are strongly affected by alcohol, and their already poor judgment is made even worse when they are under the influence. But children are not the only ones whose judgment is impaired by alcohol; that the child’s mother was supplying her son with alcohol is reprehensible, that she then loaned him her car when he was intoxicated is inexcusable. Their combined poor judgment has cost a man his life. The full story is available at Teen, mom arrested in fatal New York DWI accident .

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other States, day care operators have a duty to provide for the health, safety and welfare of children. It is well known that small children are at risks for choking on certain food items like carrots, grapes, and hard candy. Children are also at risks for choking on change, small toys, and other common items. A day care owner should take precautions to keep choking hazards away from small children cared for in the facility. In New York, a lawsuit was recently filed by a family regarding the death of a two year old who choked on a carrot. According to a story posted in Newsday.Com, the day care center (Carousel Day Care Center) located in Hicksville, New York frequently gave children carrots to eat the day care center. This dangerous practice led the the choking death of a 2 year old child.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Playgrounds are present in every community and most every elementary school in the United States. Most playgrounds are equipped with a slide. Unfortunately, children suffer injuries when using playground equipment including swings, ladders, monkey bars, slides, and other areas. With respect to slides, many parents and caregivers enjoy sliding down slides with small children on their laps. A medical study conducted by John T. Gaffney, D.O., Orthopaedic Surgeon with Winthrop Orthopaedic Associates in New York was reported in the Journal of Pediatric Orthopaedics. Dr. Gaffney studies the relationship between child injuries on playground slides and the cause or mechanism of these child injuries. The study found cases or incidents that showed that parents, who slide down slides with their small children, can often be the cause of fractures to their children. As child and parent go down the slide, the child's foot or slide can get stuck on the slide. Due to the weight and force of the parent, an injury can result to the child's leg or foot that gets stuck. You can read more about this story at Playground Slides - Risks of Injuries to Small Children.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, high school students from Lewiston Porter High School were suspended for being involved in a hazing incident involving raw meat. The incident involved players from the soccer team who threw raw meat and other food items at new players on the team. The ritual also involved putting eggs and flour on the new players. The suspension were for a few days.

Some may argue that this food incident was "harmless fun". Others will point out that it is a form of "hazing" since it involved demeaning acts. Any incident that involves the humiliation of a student should be banned and these acts should be punished. Furthermore, hazing incidents often times do lead to serious personal injuries and deaths. What if one of the new soccer players suffered an eye injury from the shell of an egg or by the flying meat? The bad acts should not be excused just because there were no physical injuries.

Children should be able to participate in high school sports without humiliation or hazing. Making the team should be based on school policy and procedure only rather than the additional requirement of student hazing. You can read about this article at Students Suspended Over Hazing Incident in New York.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

New York legislators passed New York safety restraint / seat belt laws for the safety and protection of all occupants in a vehicle including the smallest and most vulnerable occupants of vehicles - children. The New York State Department of Motor Vehicles has a good summary of the New York Occupant Restraint Laws posted to its Official Website at New York State's Occupant Restraint Laws.

New York law requires the following:

*Driver and every front seat passenger must wear a seat belt;

*Every occupant of a vehicle driven by a holder of a learner's permit and other restricted driver's licenses must wear a seat belt; and

*Every passenger under the age of 16 years old must wear a child safety restraint that is in compliance with the child's height and weight.

If you have questions or concerns about the child safety restraints in place in your vehicle, contact the New York State Patrol or a local law enforcement agency. Many police agencies have brochures, information, and inspections of vehicles to make sure that drivers, owners of vehicles, and parents are providing children with appropriate safety restraints in compliance with New York law. See New York State Patrol Urging Parents to Have Child Restraints / Seats Inspected.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Albany, New York, a bar owner backed a vehicle out of her driveway into a day care center. Marion Albert (age 77) backed out of her drive way, jumped a curb and then crashed into a day care center. A 15 year old girl was injured and suffered a fractured leg. Two other people (a 21 year old in the day care center and a one year old) suffered minor injuries. Fortunately, most of the children enrolled in the day care center were on a field trip at the time of the crash. Ms. Albert was charged with reckless driving, aggravated vehicular assault, felony driving while intoxicated, and endangering the welfare of a child. You can read more about this story at Bar Owner Backs Vehicle into Albany, New York Day Care Center.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other states, parents have both a legal and moral duty to properly supervise and protect their children. Small children should not be left alone at home because circumstances can arise that require parental supervision and intervention. One such circumstance is a fire. When a fire happens, small children often times do not know what to do or where to go. In many instances, children left alone when a a fire strikes and then engulfs a house suffer serious personal injuries and some even die. In Rochester, New York, Nicole Allen left three of her children home alone at midnight to go get beer. Yes, this mother left in the middle of the night on a beer run. A three year old died in the blaze. Two other children (a toddler and a newborn) suffered serious burn injuries. The fire took place in 2008.

To leave three small children home alone is really negligent and selfish. Ms. Allen's defense attorney may argue that she had no intent to harm her children. However, Ms. Allen can still be prosecuted if her conduct amounted to a reckless indifference to the health, safety and welfare of her children. You can read more about this story at New York Mother Arrested for Leaving Children Alone at Home - One Child Dies.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Lindenhurst, New York family is mourning the drowning death at a Catskills campground of their oldest son, Ryan Barrett, a teenager with autism and a history with seizures.

Ryan, 14, his brother, Kevin, 6, and their father, David Barrett, 43, had gone to the North South Lake Campground in Haines Falls on Thursday afternoon on their annual father-son camping trip. Some eight families make the trip, and Ryan eagerly looked forward to it every year, said his mother, Mary Ellen Barrett.

"He loved this trip," she said Saturday. "It was what he talked about all year."

The group was setting up tents when Ryan went to play at a shallow creek about 20 yards from the campground.

"He was there one minute and gone the next," David Barrett said.

When the father and others realized Ryan was missing, they immediately began searching for him but couldn't find him. They called state police, who searched for him overnight.

At 10 a.m. Friday, police found the teenager's body, face-down under a culvert leading from the creek into North Lake, a 70-acre lake that is one of two lakes at the campground, according to New York State Police Investigator William Fitzmaurice.

David Barrett said his son had not wandered off, but had suffered a seizure.

"Everybody knew where he was. He fell in an odd place and disappeared from view," he said.

Ryan's death is the second such in the area in the past month, Fitzmaurice said.

Mary Ellen Barrett writes a blog about her experiences as home-educating mother of eight. In April, she wrote a poem about Ryan during Autistic Awareness Month. Read it here.

You can read more about this story at the New York Daily web site a Family Mourns Death of Autistic Son.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other states, day care operators, owners, and employees have a duty to report suspected abuse and neglect of children attending the day care program. Most states have statutes in place that require day care operators, teachers, counselors, doctors, and others to promptly report abuse and neglect. Why are such laws in place? It is simple - the laws are in place for the protection of children. A person like a day care operator does not have to witness the actual abuse or even be certain of the abuse. Most states require that the person reporting the abuse have a good faith belief or suspicion of abuse.

In Syracuse, New York, a day care provider is accused of failing to report signs of abuse to authorities. Diane Shakir, age 48, has been charged with the crime of failing to report suspected child abuse involving a child by the name of Imani Jennings. Just a few weeks before Imani was beaten to death by her mother's boyfriend, Imani was at the day care center with visible injuries. Imani's mother was criminally negligent homicide for failing to protect her child from the boyfriend's beatings. Of course, the boyfriend has been charged with murder and that case will be tried in the future.

Ms. Shakir, who ran a day care center out of her home, should have reported the abuse and neglect. If the abuse and neglect was reported in a timely fashion, it is possible that a life could have been saved. Certainly Ms. Shakir's responsibility for the death of this child does not even approach that of the mother and boyfriend; nevertheless, the safety and protection of the child should have been given more attention by this day care provider.

You can read more about this story at New York Day Care Operator to Stand Trial for Failing to Report Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are transported every day on roads in New York, Pennsylvania, and other States. Two moms have a mission of getting the word out about C.H.A.D. (Children Have an IDentity) stickers which are "hot pink" stickers that can be placed on a baby seats, toddler seats, and even strollers for proper identification of children in case of an automobile accident or other medical problems by the driver or caregiver of the children in the vehicle. It is vital for children to be able to maintain their identity when transported to a hospital. The stickers also can contain vital information as to the child's health status, medical condition, medications, and allergy information. By providing telephone numbers on the C.H.A.D. sticker, another parent, caregiver, or contact person can be telephoned for more information and to let that person know the status and location of the child. You can read more about the C.H.A.D. stickers at Assisting Kid's Emergency Aid with Stickers.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other States, it is common to see and read about automobile accidents and trucking accidents. It is not so common to see or read about accidents between a lawn mower and a bicycle. In Ontario County, Richmond - New York, a boy suffered minor personal injuries when he lost control of his bicycle and then was hit by a moving riding lawnmower. The blades from the mower were not in motion at the time of the crash. Linda Piacente, the lawnmower driver and operator, got off of the mower and lifted it off the boy who suffered minor abrasions to his back, shoulder and hand. Fortunately, tragedy and serious personal injuries were avoided in this incident. You can read about this story at Boy Avoids Serious Injuries in Crash with Lawn Mower in Richmond - Ontario County, New York.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York, a son and family are mourning the loss of a father who died after being hit by a car driven by an angry man. Fox News reported that a 36 year old man got into a fight with his wife and then left the Chuck E. Cheese parking lot. This man erratically drove through the parking lot and streets of New York, hit several cars, and ran over the father who pushed his son away to save his life. The driver was later arrested. Anger and distraction can produce devastating results when driving. It is a tragedy for the family of the man mowed down by the angry driver. You can read about this story at Father Dies Trying to Save His Son From Angry New York Driver.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other States, day care owners, operators, and employees have a duty to provide a safe environment for children. In particular, safety precautions should be taken to insure that children are not exposed to the dangers of drownings from swimming pools, bath tubs, lakes, rivers, canals, and, yes, mop buckets. A simple mop bucket can be deadly to an unsupervised infant or toddler. In Queens, New York, an 11 month old boy, while in a day care center, fell into a mop bucket and drowned. The child was later pronounced dead at a local hospital. Krystal Khan, age 28, was later charged with the crime of endangering the welfare of a child. This tragic event could have been avoided with more diligent supervision and safety precautions for the children. You can read about this story at Child Dies After Falling into a Mop Bucket at a New York Day Care Center.