Child Injury Lawyer Blog

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia, families of children with autism had succeeded in getting a new bill into the House that would have required many health insurance providers to cover a treatment called “applied behavioral analysis.” But businesses and insurance companies claimed that the costs of the bill would hurt business interests in the state.

Despite the fact that an actuary who studied the financial implications of the bill reported that it would only increase insurance costs by .2% across the state, the bill did not make it out of the Virginia House Commerce and Labor subcommittee. The families in favor of the bill blamed heavy lobbying by the insurance industry for the failure of the bill to reach the House floor. Legislators pointed out that many businesses are already at the breaking point financially and that adding costs will only make things worse.

Applied behavioral analysis is considered by many autism specialists to be the best hope for autistic children to lead normal lives. But the treatment can cost thirty thousand dollars a year or more; a sum that is out of reach for most middle class families. Virginia is one of thirty five states in the US that do not require insurance companies to pay for the treatment.

Find out more about the failure of the proposed autism insurance mandate in Virginia at Va. Panel Kills Autism Treatment Coverage Mandate.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A young girl recently accompanied her mother to Washington Dulles airport to pick up a friend who was arriving from Argentina. A Customs and Border Protection K-9 unit dog that was undergoing training suddenly attacked the girl, knocking her over and clamping down on her pelvis. The dog refused to release, and was eventually subdued by its handler. The girl’s mother was also bitten by the dog when she tried to help her daughter. According to witnesses, the child did nothing to provoke the dog.

The child was taken to a nearby hospital and has reportedly been given twenty stitches in her torso. She has been released from the hospital and is being cared for at home. The mother was understandably upset after the attack, but doesn’t appear to have a problem with ongoing dog training efforts at the airport. She did say she believed that the handlers should take more precautions with dogs in training, such as muzzling them and keeping them away from small children.

It is a shame that an animal being trained to protect citizens attacked this young girl. She will no doubt be scarred both emotionally and physically from the attack.

Read more details about the child mauled by a customs dog at Dulles Airport at Report: Customs patrol dog attacks child at Dulles Airport.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Culpeper, Virginia Star Exponent posted an article tiled Buckle Up - Baby. It was a short but very important article on child safety restraints in vehicles. According to the National Highway Safety Administration, three out of every four parents improperly install or use child safety restraints in their car. In response to such a problem and alarming statistic, hospitals and police departments around the nation offer a child safety seat course or check. Most classes are free or charge a minimal fee for this most important service. Parents often times spend a lot of money on car safety seats. In addition to the time and expense in purchasing a seat, parents should take the time, effort, and money to make sure that the car seat is properly installed and utilized. If you have any concerns or doubts about the installation or use of a car safety seat for a child, get help and advice from experts trained in the field. Simple safety precautions can help prevent serious personal injuries and even death to a child when there is an automobile accident.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, Keishawn L. Whitfield, age 23, was recently convicted on charges of Involuntary Manslaughter and Child Neglect. In the Summer of 2009, Mr. Whitfield left a 13 month old child unattended in a day care center van. Whitfield's attorneys argued that it was a mistake and inattention rather than a crime to leave the child in the day care center van. Tragically, the child died as a result of being left in a hot vehicle in the Virginia summer heat. The child was enrolled in the Yellow Brick Road Day Care and Learning Center which was owned and operated by Whitfield's mother.

It is extremely dangerous as can be seen by this case to leave a child unattended in a vehicle. Whether it is summer heat or winter cold, small children are at risk for injuries and even death from being left in a vehicle. Further, the failure to supervise can lead to non weather related injuries or death as well. You can read more about this story at Richmond, Virginia Day Care Driver Convicted of Crimes Involving Death of 13 Month Old Left Unattended in a Vehicle.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Virginia has a voluntary program in place that rates day care centers on a 4 star scale. The name of the Virginia program is the Virginia Star Quality Initiative. At this time, there are 31 day care centers with a 4 star rating which is the highest rating on the scale. The rating system provides accountability for day care centers / child care centers in Virginia. Since participation in the rating system is voluntary, many day care centers are not included in this rating system. Inspections and visits evaluate the facility. The quality and consistency of teacher child interaction are also observed.

You can review day care centers rated under this system at the Virginia Star Quality Initiative.

It is vital that Virginia day care centers concentrate their efforts on child safety and supervision. Many serious child injuries and wrongful deaths in day care centers can be avoided with consistent care that is in compliance with policies and procedures and Virginia day care regulations.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia and other states, teens and children are abducted and then abused, neglected, and, in some cases, murdered by criminals. Some abducted teens and children are never found ever again by concerned family members. In Portsmouth, Virginia, a brave and quick thinking teen escaped her captor and ran to police for help. WAVY-TV 10 reported that the 15 year old was abducted and then driven into Portsmouth, Virginia. When the vehicle was stopped, the girl ran out of the white pick up truck. Her abductor, Christopher Scott Little, tried to grab her and get her back in the truck but she was able to get away and to a Portsmouth Deputy Sheriff for help. The teen was able to give a description of the vehicle and the license plate number. This was key to the police tracking down Little to arrest him and charge him with abduction.

This story shows that abductions can take place on any given street at any given time. This brave teen was able to get away. It is uncertain what perils she would have faced if she had remained with her abductor. You can view a video of this story at the WAVY-TV 10 Website.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, state officials with the Department of Social Services have recommended that the day care license for Yellow Brick Road Day Care be revoked. Lynne Williams, the Director of the Virginia Department of Social Services, issued this ruling or determination in response to the tragic death of Andrew Joseph Johnson who died in July 2009. The day care center left Andrew in a vehicle for 7 hours. The owner previously stated that she plans on fighting any decision by state officials to close down her day care center. Criminal charges have been filed and are being pursued against the owner and driver from the day care center.

What happens when a day care center leaves a child in a vehicle and the child dies? The answer is simple. The day care center gets shut down and the responsible employees and owner get arrested.

All day care centers / child care centers in Virginia and other States should take note of this case. It is a tragedy that could have easily been prevented with better procedures and due diligence on the part of the day care center. Many child injuries and deaths resulting from negligence in day care centers can be avoided with better training, a policy and procedure manual that is clear and followed, and with dedicated staff members who care about the health and safety of the children. You can read more about this story at Virginia Department of Social Services Recommends Revocation of Day Care License Following Death of Child.

The attorneys in the Child Injury Lawyer Network are dedicated to child safety issues. Hopefully, day care centers throughout the nation will institute necessary procedures to make sure that no child is ever left unattended in a vehicle for any reason.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Virginia and other states, day care workers, child care workers, bus driver, and school employees have failed to follow proper and appropriate safety precautions in removing children from vehicles during times of extreme heat or extreme cold. A small children should never be left unattended in a vehicle no mattewr the temperature outside. It is the extreme temperatures among other causes that can lead to serious personal injuries or death for a child left unattended in a vehicle. A recent article - Day Care Vehicle Incidents Are Not Uncommon - published in the Richmond Times Dispatch Newspaper reported on incidents in which a child was left unattended in a day care vehicle. Working parents in Virginia rely on day care centers to provide for the health, safety and well being of their children. Children should be properly supervised at all time.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, a 13 month old boy was left in a day care van for at least 4 hours and died from heat exposure. Andrew Joseph Johnson was picked up at his home in the morning by driver Keishawn L. Whitfield. The plan was to drop Andrew off at the day care known known at the Yellow Brick Road Day Care & Learning Center. Unfortunately and tragically, Andrew was left in the hot van for at least 4 hours according to news reports. The state medical examiner for Virginia determined that the cause of death was environmental heat exposure.

The death of Andrew Joseph Johnson in Richmond, Virginia is one of many day care related / heat exposure related deaths throughout the country this summer. All day care centers who transport children should have a detailed checklist and safety precautions in place to make sure that no child is forgotten or left in a hot vehicle. These precautions and steps will save lives. You can read more about this story at Richmond Virginia Child in Day Care Died from Heat Exposure.

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 Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Virginia legislature has struck down a bill that would have required health insurers to pay for the cost of therapy for autistic children. Similar legislation has been enacted in Maryland and the District of Columbia.

The legislative effort was the result of the national debate concerning the enormous increase in the diagnoses of autism among children. Two hundred (200) demonstrators went to Richmond, Virginia in January 2009 to show their support for this important legislation that would have afforded great financial relief to many Virginia families dealing with the enormous medical and therapy bills associated with Autism. Because of the failure of the legislation, however, some families are threatening to move from Virginia.

You can read more about this issue at Virginia Families Seeking Financial Relief with Costs of Care of Autistic Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Virginia Beach couple was arrested for leaving two children, ages 6 and 4, home alone without any supervision or babysitters. Julie Hammock and Clinton Harris, both employed by the United States Navy, left their children alone in the home. The 6 year old boy's 1st grade teacher suspected that there was a problem at boy's home. Thereafter, school officials called the police. The couple claimed that they did not have the money / funds for day care.

There are dangers in leaving young children home alone without any supervision. Most homes are loaded with dangers which are not recognized by young children. Sharp objects, chemicals, flammable products, and many other things in the household can harm the children. Furthermore, children left alone are at danger for exploitation by others.

Fortunately, the children involved with the above story did not appear to be harmed and were later returned to the parents. Hopefully, the parents will better recognize their duties and responsibilities to supervise their children when the children are not in school and the parents are working.

You can read more about this story at Couple Arrested for Leaving Children Home Alone in Virginia Beach, Virginia

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lindwood Jones, Jr. and Shawntay D. Jones have been arrested and charged with their daughter's death in Suffolk, Virgina. WAVY-TV 10 reported that the parents were charged for first degree murder. Zanya K. Jones died on December 1. Zanya was less than a year old. The medical examiner conducted an autopsy and determined that Zanya died from dehydration and malnutrition. Other children were removed from the home which was unsanitary.

Parents have a duty to provide for the safety, welfare and well being of their children. In this case, having a child die from dehydration and malnutrition is unacceptable and also criminal. Of course, the parents will have the right to a defense on this criminal case and may be able to retain experts to study and comment on the medical records. Due to the living conditions found by investigators, it does not appear that the parents were providing a good living environment for their children. The criminal defense attorney / public defender will have a steep challenge in defending the parents on this case. You can read more about this story at Suffolk Virginia Parents Charged with Murder of 11 Month Year Old Child.