Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania, the first civil lawsuit has been filed against Jerry Sandusky, Penn State, and the charity founded by former Coach Jerry Sandusky. The victim, who is now 29 years old, alleged that Jerry Sandusky sexually abused him more than 100 times. It is anticipated that other lawsuits will follow by other victims of Jerry Sandusky. In an attempt to use public relations, Jerry Sandusky has given some interviews to major news outlets. He has admitted to "horsing around" and to "showers" with or near the boys. Mr. Sandusky's judgment was certainly poor and it appears that he continued his bad behavior or poor judgment for years without any appreciable intervention by the police, Penn State University, or any of his superiors at the college. It will be interesting to see what evidence is developed through the lawsuit as well as the criminal investigation that is currently pending. In light of the criminal investigation and the multiple reports from different victims / witnesses of Jerry Sandusky's bad acts, it is difficult to comprehend Sandusky's ongoing denial of any criminal or abusive conduct. Of course, Sandusky will be entitled to a criminal defense in the prosecution(s) against him. The case will result in a dismissal, plea deal, or trial. Since there appears to be plenty of evidence against him, it is unlikely that there will be a dismissal of the criminal charges. As such, the case will either be tried in front of a jury or will result in a plea deal. As for the civil case, there will be a settlement, trial, or court order establishing the case or throwing it out. Time will tell how all of these cases turn out. Hopefully, the truth will shine through and justice will prevail. See Sandusky Sued for Abuse in Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are day care center workers who unfortunately use the day care center as a location to abuse and neglect children under their care. IN Allegheny County, Pennsylvania, Matthew Keith Byars (age 26) has been accused and charged with crimes in multiple instances of abuse and neglect of children. It was reported that Byars previously worked at Tender Care Learning Center in Pennsylvania.
In particular, he was charged with the Pennsylvania crimes of unlawful contact with a minor, sexual abuse, solicitation, and indecent exposure.

In investigating and pursuing the criminal case, prosecutors gathered evidence including videos and photos from the Defendant's computer and camera. Sexual predators and child molesters often times keep evidence and memorabilia of their crimes. This, in turn, when obtained by law enforcement and prosecutors, can help secure a conviction for the crimes against children. For more information on this story - see Pennsylvania Prosecutors File More Charges Against Day Care Worker.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington Pennsylvania, a seven year old boy nearly drowned in a pool during an overnight camping trip last month. The boy was found and rescued by a nine year old girl who dove to the bottom to save him. Quick thinking and action by the girl saved the boy's life. The boy was on a camping trip with Happy Face Learning Center, a day care center.

Both Happy Face Learning Center and Peters Township Day Care Centers were closed and had their licenses revoked as a result of the near drowning incident. After being closed for some time however, the Pennsylvania Department of Public Welfare permitted the centers to later reopen.

A third center operated by the same owner was closed by government authorities however as a result of allegations that the facility allowed 18 children to swim in a pool without a lifeguard. The facility administrator, however, claims that two adults were supervising the children and water safety training.

The lack of proper supervision and staff at Pennsylvania day care centers put children at risk. Day care centers should provide their employees with the proper training needed in order to better handle situations and to better supervise the children they care for. Parents entrust Day Care Centers with their children, and these centers should make it a better priority to provide them with standard care and safety.

For more information on this issue, please refer to Two of Three Centers Reopen After Near Drowning of Seven Yr. Old Boy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Allegheny County Officials are investigating the death of a baby at a home day care center in Pennsylvania. According to officials, 10-month-old Desmire Williams was in the care of a home daycare owned by Melody Lang on Singer Place in Wilkinsburg. Sources said that an employee at the day care fed the baby and then put him down for a nap. The day care center said they checked on the child several times and noticed he was in a deep sleep. The day care center contacted the mother, Desiree Pinkston, about the infant’s sleeping habits. Once Pinkston arrived at the day care center, she found employees trying to resuscitate the child. Pinkston immediately called 911 because the home day care center had not done so.

Devastated parents, 22-year-old Derelle Williams and 27-year-old Pinkston have a long list of questions. Pinkston said that Lang owned a day care center on Ross Street. “Why weren’t my children in a daycare first of all instead of at her house where it’s made like a bar?” Pinkston asked. The day care owner told Pinkston that her baby had only been asleep for only an hour, but Pinkston’s other children who attend the day care center, ages three, seven and eight said that their baby brother had been asleep on a bed upstairs all day. Williams said the doctors from the Children’s Hospital told them that their baby had been dead for almost six hours. “He was stiff! The doctors couldn’t even perform CPR on him because it was too late,” Williams said.

The Allegheny County Police are hoping for more answers once they receive the toxicology report. The initial autopsy revealed no internal or external trauma. For more information on this topic see Mother of baby found unresponsive at day care has questions and Infant Dies At Wilkinsburg Daycare Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Child abuse can take place in any day care center in any community. Studies have proven that child abuse is prevalent among any income, race, ethnic heritage, or religious faith.

A Pittsburgh day care center employee was arrested for having inappropriate conduct with children in his care. Matthew Keith Byars, 25, was arrested for allegedly videotaping inappropriate conduct with a boy that he met at Tender Care Learning Center located in Scott Township. He was released on bail but additional charges were filed on Friday and Saturday claiming that Byars sexually abused four other boys, according to authorities. Police said that three of those victims claimed that they had been assaulted several times over the last few years. Byars is currently being held at the Allegheny County Jail.

At some point, most parents have to rely on someone else to care for their children, whether it is a day care center, public school, babysitter, family, or friends. There are many signs that parents should keep an eye out for if they suspect there child has become a victim of child abuse. For example, pay close attention to your children’s eating habits; if children do not have an appetite or overeat, that could be a side effect of abuse. Other signs that abuse is present is if your child starts having nightmares or wetting the bed. For more information on this topic, see Pa. daycare worker accused in child assaults.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker has been charged with another crime of child molestation in Allegheny County. Matthew Keith Byars, 25, of the North Side, was previously charged with molesting four boys at Tender Care Learning Center and now has been charged with allegedly fondling a fifth boy years ago who he met at church.

According to Allegheny County detectives, Byars molested the victim from the time he was seven years old until he was 10; the boy is now 13-years- old. The victim reported the fondling to his parents back in July 2008, but he did not disclose the abuse during a forensic interview that took place after, police said. Because the victim did not disclose the abuse, no charges were filed. However, after the victim saw TV news reports about Byars’ arrest in the other four cases, he came forward and disclosed the abuse in a forensic interview, according to an affidavit. The affidavit alleged that Byars fondled the boy at the suspect’s house in Pleasant Hills and at the Community House in South Park County Park during a church event.

In the other cases involving child molestation, the Pittsburgh police claim that Byars molested a nine-year-old boy at the suspect’s home in North Side. The Scott police charged Byars with molesting the nine-year-old boy and also three other children at the center. The boy s all ranged in age from seven to12 -years at the time of the alleged abuse.

Byars was arrested on the most recent charges of indecent assault, corruption of minors and endangering the welfare of children. He is awaiting preliminary hearings in the four other cases, which include charges of involuntary deviate sexual intercourse, indecent assault, corruption of minors, and sexual abuse of children. For more information on this topic, see Day care worker charged in fifth child molestation case.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A school bus transporting adults and children to a church camp collided with a Cadillac in Pennsylvania. According to Pennsylvania State Police, the bus was from Cumberland Valley Christian School in Chambersburg, and it collided with a Cadillac. The incident occurred on Interstate 81 near Chambersburg.

The police reported that the driver of the Cadillac, 79-year-old Edward Shaffer was trying to pass the left hand side of the bus. Shaffer was trying to avoid oncoming traffic and over-corrected his vehicle, which caused his vehicle to rotate in front of the bus sideways. The driver of the bus, Joseph Henderson, 52, hit the passenger side of the Cadillac. Shaffer’s vehicle went into a ditch on the right side of the road, and the bus partially entered the ditch, hit a guard rail and rolled over.

Pennsylvania State Troopers said that 17 adults and children were taken to Chambersburg Hospital and six others were taken to Waynesboro Hospital. All patients sustained minor to moderate personal injuries and were reported to be in stable condition. Pastor Mike Sanders of the Open Door Church in Chambersburg said that the injuries consisted of broken bones, bumps and bruises. Pastor Sanders told the newspaper, “I’m just thankful that the extent of the injuries is what it was.” For more information, see 23 hurt as Pa. school bus overturns on interstate.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A near drowning of a seven-year-old boy has caused the Pennsylvania Department of Public Welfare to shut down three western Pennsylvania day care centers. Allegedly, a young boy almost drowned during an overnight camping trip and was saved by a nine-year-old girl. No adults saw the boy almost drown.

The Pennsylvania Department of Public Welfare cited the Kid Biz LLC day care center for gross incompetence, negligence and misconduct for allowing children to swim in a pool without lifeguard supervision, although two of the day care center’s employees had training in water safety. The owner of the day care center, Adele Wood, said that she will appeal the ruling because of the families that will be affected by the shutdown. Wood also said that there has never been an incident during a camping trip in 15 years.

Pennsylvania Day Care Centers are subject to state licensing requirements. These licensing requirements ensure that the day care center is safe; that the staff is appropriately trained and responsible; and that the program promotes the health and development of children. In addition, the license assures parents that the children are being supervised in a safe, healthy environment where appropriate activities, time schedules, food, equipment and staff are available to support the children’s physical, social, emotional, and intellectual growth. For more information, see State welfare officials shut down 3 western Pa. day care centers after boy, 7, nearly drowns.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Recently, five toddlers and three adults were hospitalized after becoming ill from carbon monoxide fumes at a Pittsburgh, Pennsylvania day care center. Employees at the Community Preschool and Nursery, located on the North Side, call 9-1-1 after several people complained of dizziness, headaches and nausea. Oxygen was administered to victims at the scene before it was decided hospital treatment was needed. Emergency physicians and paramedics tested the blood of those people in the building, which revealed the high levels of the gas. Three children were transported by ambulance to Children's Hospital of Pittsburgh of UPMC, the two other children were taken by private automobiles. The three adult victims were able to walk the half-block to Allegheny General Hospital. The cause of the leak was pinpointed to the furnace in the daycare center's building, the leak could have potentially been deadly. In order for repairs to be made the gas company has suspended service to the building. For more read 5 children and 3 adults escape poisoning after carbon monoxide leak in daycare center building.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care owner in Adams County, Pennsylvania, who is accused of not reporting acts of child sex abuse at her day care, has waived her arraignment. The former Aspers day care employee recently pleaded guilty to molesting six girls who attended the day care, which is located at the 100 block of Clines Church Road. Police were notified by Children and Youth in May 2010. After local police were presented with the sexual abuse allegations, other mothers of victims came forward. A sign is posted on the front door of the residential day care reading that the child care center is closed until February 21. Sadly, the Adams County Child Advocacy Center stated the number of reports of child abuse is increasing, also calling it an epidemic. A statistic in a local Pennsylvania newspaper stated that one in every four girls and one in every six boys will be sexually abused before they turn 18-years-old. All the six girls in this case who were sexually abused are now receiving help. Raymond Messinger, the man who admitted to sexually abusing the young girls, will be sentenced in March 2011. For more read Pennsylvania day care owner accused of not reporting sexual abuse waives arraignment.

Not only do day care owners, providers or other child care employees have an affirmative duty to report any suspicions or allegations of child sex abuse, but doing so will get local law enforcement involved and stop any further acts abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, children are often times the victims of child predators who molest them, photograph them, and video tape them. Local, State, and Federal authorities have been successful to some extent in catching these predators and prosecuting them for the heinous crimes. What happens if a child decides to post a photo of himself or herself on line? Regardless of the person who does the posting, it is still child pornography and the dissemination of child pornography which is a crime. In Pittsburgh, Pennsylvania, it was reported that a 15 year old girl was arrested by authorities for these very acts of taking nude photographs of herself and then posting the photographs on line. Children (including teens) often lack good judgment and really do not understand or appreciate the repercussions of their actions. Whether photographs are sent to one person or many, posted on Facebook, posted in a chat room, or elsewhere on line, there are many problems (both legal and moral) with the posting of nude photos of children on line. You can read more about this story at Teen Girl Charged with Posting Nude Photos on the Internet.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, some parents grapple with the dilemma of following religious beliefs and directives versus medical testing and evaluations for their children. An adult can make decisions for himself or herself as long as they are competent to do so. Since children are not legally competent and most do not have the maturity or knowledge to make an informed decision about medical care, children rely on their parents to guide them and direct them regarding health care. Unfortunately, some children suffer injuries and even death when a parent is guided by zealous religious beliefs that prevent or limit the medical care available for a child. Of course, each case or situation should be evaluated or judged on its own merits. While a person has the freedom of religion in the United States, there are often ethical, moral, and legal dilemmas when medical care is withheld from a child in the name ans spirit of religious beliefs. When these situations arise, there are many viewpoints to contend with including those of religious leaders, religious institutions, parents, medical doctors, medical ethicists, and, yes, the child. In Philadelphia, Pennsylvania, a jury recently convicted parents of the criminal charges of manslaughter regarding their choice to exercise the act of prayer over available medical care for their child. You can read more about this story at Choice of Prayer over Medical Care - Death of Toddler.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Recently, a mother and her 8-year-old daughter were s struck by a truck while crossing a street in McKeesport, Pennsylvania. The collision occurred around 5:30 p.m. and many rescue vehicles arrived to the scene shortly after. Although neither the mother nor the daughter sustained life-threatening personal injuries, their personal injuries were significant and each had to be taken to and treated by hospital physicians. The mother sustained a serious personal injury to her leg and was rushed to Mercy Hospital. The child suffered a head laceration and was transported to Children's Hospital. Police have not stated whether any charges will be filed regarding the pedestrian incident. If you would like to read more on this accident please see Mother and young daughter severely hit and injured in Pennsylvania car collision.

Personal injuries related to automobile accidents / pedestrian accidents in general can be very stressful and traumatic events, not only physically but also emotionally and fiscally. The consequences of collisions involving pedestrians can potentially be more severe because the pedestrian victim is not protected by a vehicle's armor. Drivers responsible for causing collisions should incur the liability for causing stress and physical personal injury to the collision's victim. Courts will usually impose liability in the form of damages including but not limited to (re)payment of past, present and future medical expenses, compensation for one's ability to enjoy life as one previously did before the collision and lost wages. An injured party's spouse may even bring a claim against the tortfeasor for loss of consortium damages. The extent of damages will vary from jurisdiction-to-jurisdiction.

Continue reading "Mother and Child Hit and Injured - Pedestrians Hit While Crossing Street in McKeesport, Pennsylvania" »

In Pennsylvania and other States, it is important for child care providers and day care center employees to safeguard chemicals and cleaning products away from the reach of children. In addition, it is important to keep chemicals and cleaning products away from the clothing, diapers, and any other items that come in contact with children so as to avoid accidental contact with the child. In McKees Rocks, Pennsylvania, a most unfortunate and avoidable day care injury / incident took place involving a 7 month old child (Kimberly Spriggs). It was reported that the infant was burned while under the care of the Butterfly Garden Early Learning Center. A bottle / container of Drano some how got soaked into a diaper that was later placed on the child. This, in turn, caused severe chemical burn injuries to the child. You can read more about this story at Injured Baby to Get Skin Graft Due to Chemical Burns at Pennsylvania Day Care Center.

Dealing with the aftermath and injuries from a day care accident or incident can be quite stressful and confusing for a parent. There are many different issues and challenges to deal with as a parent. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know is a good resource for parents with questions about the various issues that arise from a day care injury, school injury, playground injury, and other injuries. Topics include these as well as damages, medical bills, and medical treatment. You can receive a free book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are dangers to the children when riding their bicycles. It is vital that children obey traffic signals and road signs. Of course, drivers should drive with caution anytime that children are on or near the roadways as pedestrians and bicyclists. In Lower Makefield Township, it was reported that a 12 year old boy was hit by a Coca Cola truck. The accident happened in the morning hours and the boy was travelling to school on his bicycle. The boy was hit as he was attempting to cross an intersection. It was reported that the boy suffered a head injury and bruises to his body. Because of these personal injuries, the boy was transported to St. Mary's Hospital and then to Children's Hospital of Philadelphia for evaluation and treatment. See Child Hit by Big Rig in Bucks County, Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jennifer A. Mock, 37, was ordered to serve 30 days to 6 months in prison, plus an additional 23 months on probation for driving drunk and running into a Port Carbon day care center sometime last year. Mock pleaded guilty September 23 to DUI, recklessly endangering another person and careless driving.

The accident occurred November 27, 2009 and Mock was charged with DUI shortly after. Mock was driving her Volkswagen Cabrio coupe and was distracted by a puppy sitting on her lap. After being distracted by the dog, Mock swerved around a Jeep Grand Cherokee and crashed her car into into a daycare center, Little Sunshines Day Care Center. Mock had a blood-alcohol level of 0.14, the Pennsylvania legal limit is 0.08.

After the accident and in response to local pressure, officials reduced the speed limit in the Port Carbon area to 35 mph from 45 mph as well as installed new speed limit and yellow reflective signs. If you would like to read more on this story please see Woman sentenced to jail after crashing into Pennsylvania day care.

Not only is driving under the influence illegal but it is highly dangerous and deadly. Alcohol impairs judgment and reaction time, therefore, making drunk drivers more susceptible to being involved in automobile collisions and other vehicular crashes.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, it is important for day care owners and child care providers to consistently supervise children under their care. Just a few minutes or even seconds of inattention can lead to serious personal injuries and even the death of children. In Pittsburgh, Pennsylvania, a day care owner and her daughter were sentenced to probation for an incident in which a child under their care died. Police officers / detectives believe that a 10 month old baby in the day care center was killed by a 7 year old . It was reported that authorities believe that the 7 year old was the granddaughter of the day care owner. For some reason, the 7 year old beat the 10 month old defenseless baby and then threw the baby on the carpeted concrete floor. As a result thereof, the baby suffered a severe skull fracture. You can read more about this story at Pennsylvania Day Care Owner Gets Probation in Baby's Death.

Day care centers should be safe havens for children and not zones of danger where they are put at risk by older children. As can be seen by this incident, even a 7 year old can be dangerous to a baby if there is a lack of adult supervision.

It can be quite difficult for a parent to deal with with a child injury taking place at a day care center and other locations. The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - contains sections on Day Care Center Injuries, School Injuries, Child Abuse, and other topics. You can receive a free book by clicking here.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In July 2010, Raymond L. Messinger, 47, was charged with molesting 3 girls at the day care center where he volunteered, Bonnie Bretzman Day Care Services. The victims of the alleged abuse were two 8-year-old girls and one 7-year-old girl. Recently, Messinger was charged with more counts molestation. Messinger has now been charged with one count of aggravated indecent assault of a child and two counts of indecent assault of a person under 13-years-old. Messinger is entitled to an attorney. If you would like to read more on this story please see More Child Molestation Charges Filed - Day Care Center Incidents.

Also, if you would like to read a summary of the first charges placed against Messinger back in July please see Gettysburg, Pennsylvania Day Care Volunteer Accused of Molesting Children at Day Care Center.

Abuse of any type, whether it be sexual, physical or mental, upon a child is a repugnant crime. Child victims may suffer a lifetime of physical and emotional trauma as a result of the abuse. If you or someone you know suspects acts of abuse against a child you should contact local authorities immediately. Contacting local authorities will initiate an investigation and, hopefully, stop the abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

http://www.childinjurylawyerblog.com/contact.htmlIn Pittsburgh, Pennsylvania, it was reported that a 4 year old boy was attacked while playing in a local playground by a Pit Bull breed dog. The incident took place in the Marshall-Shadeland part of town. The injuries were serious enough to require treatment at Children's Hospital. You can read more about this story at 4 Year Old Boy Attacked by Pit Bull Dog in Pittsburgh, Pennsylvania.

In Pittsburgh and other communities, there are dogs who pose a risk to children. Some are Pit Bull breed dogs and some are a different breed. Whichever the breed, a dog bite injury can be severe and cause permanent injuries and scarring.

It is important for dog owners in every community to follow local animal control regulations. It is also vital for children's safety for dog owners to maintain control of a dog.

When a child is bit by a dog, there are several issues that may arise including the following:

Who is going to pay the medical bills associated with the dog bite?

Who is legally liable for the dog bite injuries?

What are the applicable animal control laws?

What are the applicable State laws pertaining to animal control and dog bites?

Continue reading "Pit Bull Dog Bite Attack Takes Place in Pittsburgh, Pennsylvania - Danger of Pit Bulls to Children" »

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jennifer Mock, a 37-year-old woman, crashed her car into an Eastern Pennsylvania day care center last November; the center was full of children at the time of the incident. Mock has recently admitted that she was driving under the influence when the crash occurred. Although no children were injured, an employee at the center, Little Sunshines Day Care Center, did suffer a leg injury.

Mock pleaded guilty to driving under the influence and other charges. Police say her blood-alcohol level was 0.14 at the time of the incident; Pennsylvania's legal limit is 0.08. The woman stated she was distracted by a puppy on her lap when the crash occurred. If you would like to read more on this story please see Woman admits to DUI after crashing her car through the wall of a Pennsylvania day care.

Luckily no children were injured as a result of this incident. Not only was this woman driving under the influence but she was also engaged in another deadly activity - distracted driving. Although the most popular form of distracted driving is talking or texting on the cell phone it is not limited to that activity. Eating, grooming, putting on make up, talking to other passengers, listening to loud music, etc. are all examples of distracted driving. These activities take the driver's focus and attention off the road making him or her more susceptible to being involved in a crash. Limit your distractions and keep your focus on the road. Doing so will protect yourself and others.