Child Injury Lawyer Blog

By Joshua Shulman, Attorney, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In McMinnville, Oregon, a tragic and unfortunate incident was reported. A 16 month old boy died as a result of a traumatic head injury that he suffered while under the care and supervision of a 12 year old babysitter. It was even reported that the baby-sitter caused the injuries. The child was taken to McMinnville Immediate Care Clinic and then Willamette Valley Medical Center. The child was ultimately pronounced dead at the hospital. See 6 Month Old Dies of Traumatic Head Injury.

Since a child died, there will be an investigation by local law enforcement and the medical examiner's office. The death of this child is certainly a great loss for the family, neighborhood,and community at large. In most instances, a baby-sitter is responsible and does a great job of supervising the children. In other situations, however, the babysitter is either distracted or ill equipped or prepared to deal with the proper supervision of children.

By Joshua Shulman, Attorney, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Oregon State Police believe that two teenage boys drowned after waves swept the boys off a rocking outcropping and into the ocean. According to Lt. Gregg Hastings, the body of 18-year-old Connor Gregory Ausland was found. However, authorities have yet to find 17-year-old Jack Harnsongkram. Both young men are residents of Eugene, Orgeon, and were students at South Eugene High School. Hastings also stated that the two teenagers were visiting the area, near Smelt Sands State Park in Lincoln County, with a group of other teens and adults. A local television station reported that a third teen was also knocked into the surf by the powerful waves but manages to get out safely. Police believe that both Ausland and Harnsongkram drowned. For more details please read Two Oregon teens believed to drown after being knocked into surf by powerful waves.

The deaths of these two young men are a tragedy for their family and community. With temperatures rising, many people are participating in more water-related activities. Thus, it becomes that time of year where water-related personal injuries and deaths are also on the rise. Children and adults need to be aware of powerful currents and should not go into the water if they are feeling the slightest bit fatigued.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A woman of Portland, Oregon, has been charged with more than 20 felony charges after the woman allegedly recorded herself performing sexual acts on a 1-year-old boy. The 24-year-old woman was identified as Inez Lambert. Lambert was arrested after a friend saw 3 separate videos on Lambert's computer and called the child abuse hotline. The videos allegedly show Lambert performing a sex act on the child. The videos were described by members of the Multnomah County Child Abuse Team as very disturbing. Lambert allegedly sent the cell phone videos to a man who is currently overseas. Investigators are highly concerned that other acts of abuse occurred due to Lambert's previous occupations. She was a day care provider at LA Fitness and also worked the front desk at a 24 Hour Fitness. Officers are looking into whether Lambert every babysat for other families. The FBI and Department of Justice are also investigating the case. Lambert has been charged with seven courts of sodomy andusing a child in a display of sexually explicit conduct and sex abuse. The man overseas might also be arrested, however that will be handled by the military. To read more on this story please see 24-year-old woman accused of sexual abuse after she allegedly videotaped herself performing a sex act on a 1-year-old boy.

Lambert is entitled to an attorney and will be presumed innocent until proven guilty. People who commit sexual abuse against a child are depraved in every sense of the word. Many incidents of child abuse go unreported because of the abuse occurs in isolated environments. However, in this incident a friend reported the abuse and now the perpetrator is being prosecuted criminally. If you know of or suspect someone is a victim of sexual abuse please contact local authorities or a child abuse hotline immediately. Doing so will prompt a criminal investigation and stop the abuse.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

David Daniel Moore, a 23-year-old daycare worker, was sentenced to almost 17 years in prison by a Multnomah County judge. Moore was charged with the molestation of two different 4-year-old girls at Angela's Academy (or Angel's Academy), a Northeast Portland, Oregon childcare facility.

Moore was a teacher at the childcare facility, which is a home-operated facility that is licensed to care for up to 16 children. Moore was physically abused by his biological mother and was sent into foster care. Angela Braxton-Johnson, owner of the daycare facility, became the foster parent of Moore, she later gave him a job at the daycare.

The crimes came to light after one of the girls told her mother about an incident in November 2009 that happened in the girls' bathroom at the daycare. An investigation was promptly initiated. Afterward, the second girl came forward and told her mother that Moore had given her candy and forced her to perform a sexual act on him.

Moore admitted to police that he had molested the girls. At his hearing, Moore plead guilty to two-counts of first-degree sexual abuse and two-counts of attempted first-degree sodomy.

Moore was screened by the State of California and passed the procedures because he had no prior criminal history and no questionable history of abusing children, said Kathleen Hynes, legal and compliance manager for state division that licenses providers. If you would like to read more on this story see Portland, Oregon man sentenced to almost 17 years in prison after pleading guilty to sexual molestation charges.

State legislatures across the nation are in the process of making their states' screening procedures more stringent. For an example of this see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

If you suspect any incidence of physical or sexual abuse being committed upon a child, contact your local authorities so a criminal investigation and be initiated.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The National Governors Association has selected Oregon and five other States to help promote and establish higher day care standards. States already have day care standards that address the health, safety, and welfare of the students. For instance, most states, if not all of them, have staff to child ratios for day care centers. In looking to go beyond basic standards, Oregon will be looking at other factors that will improve the day care experience for children. For instance, one such area would involve monitoring how a child retains information during story time. It appears that the day care program or model being considered or implemented by Oregon will look deeper into the day care experience of the child. You can read more about this story at Oregon Looking to Lead the Nation in Raising Day Care Standards.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The USA Today Website recently reported that there have been claims in a lawsuit that the Boy Scouts of America tried to keep information quiet about 1000 suspected child molesters during the time period between 1965 and 1985. The case currently in trial involves a victim of a man who confessed to molesting 17 scouts during his time spent working or volunteering with the Boy Scouts of America. Attorneys for the boy claim that the Boy Scouts of American knew about the alleged bad acts of local assistant Scoutmaster, Timur Dykes, yet allowed Dykes to continue his activities with the Boy Scouts of America. Of course, there are many other facts and disputes to this case that will be played out in Court. Ultimately, it will be the decision of the jury to determine the liability of the Boy Scouts of America, the local chapter, and the damages at issue in this case. You can read more about this story at Assistant Scout Master and Boy Scouts of America - Civil Trial Involving Child Abuse in Portland, Oregon.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Portland, Oregon and many other school districts throughout the United States, there is a good reason to have a fire drill / evacuation plan. Plan and simple, it saves lives. Fire swept through the Marysville Elementary School just prior to Noon on a Fall 2009 day. Fortunately, school staff members and firefighters successfully evacuated every single student from the school. While the historic school sustained heavy fire damage, no lives were lost in this fire. The Marysville Elementary School fire shows how an effective evacuation plan can protect children and teachers as well. You can read about this story at >Students / Teachers Escape Fire at Marysville (Portland) Elementary School.

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oregon, the Department of Human Services receives and investigates incidents of child abuse and neglect. Like many other states, Oregon has laws in place that define abuse. Abuse is defined by Oregon law by the effect on the child rather than the parent's motivation.

Physical abuse includes the following personal injuries / medical conditions:
bruises & cuts, head injuries, poisoning incidents, fractures, sprains, injuries due to burning or scolding incidents, electrical shock, and / or death.

You can read more about child abuse and neglect at the Oregon Department of Human Resources

By Joshua Shulman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Multnomah County, Oregon, a 5 year old girl was found in the parking lot of the sheriff's office. She then told officers that she wandered away from an abusive home. Sherirff Bob Skipper saw the girl and brought her into the building. The little girl later told police that her mother worked at nights and the little girl left out of an unlocked door. The little girl also reported problems with her mother's boyfriend that appeared to be abusive and sexual in nature. The child will be kept in custody as an investigation is conducted by the Multidisciplinary Child Abuse Team. You can read more about this disturbing story at 5 Year Old Girl Wanders into the Safety of the Sheriff's Parking Lot in East Portland, Oregon.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oregon and other States, small children are at risk for drowning. In addition, teens are at risks as well depending on the waterway, extent of supervision, and strength and skills of the swimmer. A teen swimmer has been reported to be in critical condition at Legacy Emanuel Hospital after she suffered injuries while swimming with friends. It was reported that she disappeared and was underwater for several minutes. It is believed that the girl who was almost 18 years old at the time of the incident was not a very strong swimmer according to the Multnomah County Sheriff's Office. You can read more about this story at Oregon Teen in Critical Condition Following Drowning Incident in Blue Lake.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Oregon and other States, parents, at times, use poor judgment when it comes to the supervision of their children. In Oregon, the father of four young children used a dog shock collar on them because he thought it was funny.

Salem Police thought otherwise and arrested Todd Marcum on charges of criminal mistreatment. The ages of the children were as follows: 3, 6, 8, and 9. This matter was referred to the Department of Human Services.

Shocking your kids as a joke or as punishment really is not a good idea. Todd Marcum found this out the hard way. Of course, the children probably did not enjoy getting electrically shocked either. You can read more about this story at Oregon Dad Uses Dog Collar to Shock His 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 Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Clackamas County, Oregon deputies arrested Justin B. Blackledge, age 31, for compelling a teen into prostitution, unlawful display of a child in a sex act and several counts of encouraging child sex abuse. Investigators report that Blackledge had a sexual relationship with the teenager in 2007 - 2008. During this time period, Blackledge posted explicit photographs of the teen on a website with the teen's contact information and a list of her sexual services. There appears to be a good bit of evidence on the internet and elsewhere on Mr. Blackledge. His bail was set at $250,000. It is a shame that teens are exploited in this manner.

You can read more about this story at Oregon Man Arrested for Pimping Out a Teen on the Internet.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents have a special responsibility and duty to raise their children and provide for their health, safety and welfare. Driving children around town on drugs is truly a dangerous situation. Furthermore, drug use and abuse distract from a parent's responsibility to supervise their children. Judgment is certainly impaired from drug use. In Oregon, William and Tracy Duncan were arrested on charges of possession of meth and for child endangerment after officers found children who ranged in age from 5 to 10 years old without seat belts in the vehicle. At the time of the arrest, both parents were under the influence of methamphetamine.

The children were taken into protective custody.

You can read more about this story at Oregon Parents on Meth Have 5 Unrestrained Children in the Car.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Lake Oswego, Orgeon Fifth Grader died after blocking a football punt at recess. The boy collapsed immediately and could not breathe. See Fifth Grader Dies from Recess Football Punt. This shocking and unexpected incident ended the life of the Fifth Grader. In Oregon and other States, accidents and incidents involving child injury and death take place every day on playgrounds and recess areas at schools, child care facilities, and day care facilities. Some injuries are preventable with safety measures and proper supervision. Others are just freak or unexpected incidents that unfortunately result in injuries and some times death to the child. When children are at recess, free play or physical education in schools, it is important that the children get appropriate supervision, use appropriate equipment, and play with children of their age and size. It is also important for the school, day care facility, or child care facility to properly maintain and keep in good repair all play and recess areas including slides, swings, monkey bars, carousels, ladders, bridges, and other sports and playground equipment and structures.