Child Injury Lawyer Blog

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The incident that resulting in a a 2-and-a-half-year-old girl being left behind in a Wisconsin Park has an Appleton, Wisconsin day care center reviewing their policies. The girl was left behind at the park for about 30 minutes.

The incident happened on August 5 and, according to the police report, the day care left the park at about 12:10 p.m. Police officers arrived after the park after they were contacted by other concerned mothers who noticed the girl was unattended.

Although the girl was unhurt, Karen Olson, director of the day care center, Creative Child Learning, is still devastated by the incident and claims it is just unclear how the girl was left behind. Olson says staffers repeatedly counted the children, but the child was somehow forgotten. Creative Learning received a separate state order in the spring requiring closer supervision of children. This order was the result after a child got too close to a hot iron during an art activity. If you would like to read more on this story please see 2 1/2-year-old girl left behind at Wisconsin park by day care center.

Luckily, this girl was uninjured. Day care centers have an obligation to care for the children in their custody. While on field trips, day care employees can employ easy methods to check on their children such as the buddy system. Always keeping a watchful eye will tremendously reduce the risk of leaving a child behind while on field trips.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Joshua J. Werner, a 25-year-old Wisconsin man, was sentenced in Wood County Circuit Court to 1 ½ years in prison and another 7 ½ years for second-degree reckless injury of a child. Wood County Judge, James Mason, imposed the maximum sentence upon Werner as well as 7 years of extended supervision. Werner was convicted of what some experts determined as the worst case of physical child abuse they had seen. Werner was convicted of physically abusing his, now, 2-year-old daughter. According to the criminal complaint filed on August 18, 2008, the child was admitted with a broken leg to Riverview Hospital where official contacted authorities about the possible child abuse of the baby. The infant was then transferred to the Children’s Hospital of Wisconsin in Milwaukee. There, doctors found more broken bones; specifically, 20 broken ribs, broken collarbone, leg, finger, toe and vertebrae fractures. The mother of the child, Nancy Hetze-Werner, 32, initially told authorities that a dog was responsible for the child’s injuries. However, she later admitted that the infant had been alone with Werner. Werner’s defense attorney, Richard Bender, argued Werner’s own experience with childhood abuse, coupled with an IQ in the 65 to 75 range compromised Werner’s judgment and emotional control. To read more about this article see Wisconsin man will serve 9 years in prison for physically abusing his infant daughter.

Fortunately, this child was not killed by the brutal attack she endured. However, this girl may face a lifetime of physical and emotional stress as a result of the attack. Child abuse and neglect should be reported immediately to authorities so a criminal investigation can pursued as quick as possible.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Greendale Village Hall, Wisconsin, a 5 year old was struck by a vehicle as she was crossing the street. At the time of the incident, the girl was walking with her brother, Aunt, and Mother. Fire Rescue responded to the scene and the child was taken to Children's Hospital of Wisconsin. Unfortunately, despite the efforts of Fire Rescue and hospital personnel, the girl died as a result of this automobile / pedestrian accident. It was reported that the driver was stopped a stop sign and then proceeded to make a turn as the girl and others were walking in the designated crosswalk. It is tragic that a girl who was a leisurely walk with her family was hit by a vehicle and lost her life. Children are the unfortunate victims of accidents as pedestrians and / or bicycle riders. There will be a full investigation into this incident by local police investigators to determine the cause of the accident and if certain actions could have prevented the incident. You can read more about this story at Car fatally strikes 5-year-old near Greendale Village Hall.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other states, texting while driving is a very dangerous activity that can lead to serious automobile accidents and personal injuries. The Wisconsin Senate recently passed a bill that would ban texting while driving and levy fines for texting while driving. Distracted driving has been a national problem that has only worsened with the number of texting phones in the hands of driving. There is plenty of time to text during the day - just don't do it behind the wheel. Distracted driving is especially dangerous to children pedestrians and children on bicycles. Pay attention to the road and look out for children rather than that next text message. You can read more about this story at Wisconsin Senate Passes Texting While Driving Ban.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Alphabet Street Learning Center was the site of child abuse incidents that led to the criminal prosecution and sentencing of a former day care worker. Pamela Coleman, age 42, was sentence to a one year prison sentence. At the sentencing, Judge Coleman stated that he was concerned about the future safety of her children including the one that she was pregnant with. The child victims at the day care center suffered injuries in the form of spiral fractures. These type of fractures typically occur when a child's arm is forcefully twisted. Children should be handled with care and not with force especially in a day care center. You can read more about this story at Former Wisconsin Day Care Worker Gets Prison Sentence for Child Abuse Incidents.
See also Spiral Fracture.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Keilysha M. Ruiz, a three month old from Milwaukee, Wisconsin, died after spending the night in her mother’s bed with her mother and her two year old brother. Keila Torres, the child’s mother, told police that the child had seemed fine the night before. Keilysha had woken up early in the morning, but refused to take her bottle, so Ms. Torres went back to sleep. When she awoke the next morning, the infant was limp and unresponsive.

Emergency responders pronounced Keilysha dead at the scene. Ms. Torres told investigators that she had gotten up and left the children alone in the bed when the child’s father, Josue E. Ruiz Caballero entered the bedroom and saw blood coming out of the girl’s nose. Ruiz Caballero did not corroborate Ms. Torres’ story, saying that he was awaked by Ms. Torres screaming that something had happened to the infant.

The Milwaukee medical examiner’s office has not yet confirmed the cause of death. Co-sleeping, or “the family bed” is the practice of sleeping in the same bed with a child. Co-sleeping can put babies at risk for suffocation or other serious injuries. While the cause of death in this case is under investigation, parents and caregivers should be aware of the risks caused by co-sleeping or the family bed. Read more details of the story at Infant girl dies after sharing bed.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Wisconsin's Governor recently announced the rating system that will be used to rate day care centers in the State. The rating system will be a helpful tool for parents searching for a day care center and it was reported that the ratings may be linked to State of Wisconsin funding. You can read more about the Governor's announcement at ABC News.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Years ago in Wisconsin and other States, school aged bullying mainly consisted of bullying on the playground, hallways, and classroom. These days, the concept of school aged bullying has extended well past the walls of the school and the fields of the playgrounds. Children and teens are now using mobile phones, text messaging, Facebook, and other avenues on the Internet to bully and harass other children and teens. Some bullying incidents have even lead to suicides by some children / teens who became overwhelmed by the harassment and bullying. Parents and teachers should use their best efforts to try to prevent these bullying tactics. Children and teens should be held accountable and should be called out when they bully in person, via mobile phone or by the internet. You can read more about this topic at Milwaukee - Wisconsin Journal Sentinel - Bullying Extends Well Beyond School Walls.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Infants and babies are at risk for injury when co-sleeping and alcohol combine. In Milwaukee, Wisconsin, a 6 day old baby died when the mother fell asleep or passed out on the couch at home. Rose Prescott, age 30, informed police that she may have fallen asleep on the couch after consuming alcohol earlier in the day. It was reported that the death of the child (Celianna) happen to be the third co-sleeping death in the immediate family.

Co-sleeping is commonly referred to as the family bed. Many parents and caregivers like to sleep in the same bed with an infant or child as sort of a bonding experience. Unfortunately, co-sleeping is extremely dangerous to infants and babies as they are at risks for suffocation and other related injuries as a result of an adult inadvertently lying or crushing the child.

You can read more about this story at Co-Sleeping Death in Wisconsin Results in Criminal Charges.

You can read more statistics and information regarding this topic at Co-Sleeping with a Baby Can Be Dangerous.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other States, there is a problem with dishonest day care centers charging the State and Federal government for day care services that are not being provided. Paying dishonest day care providers takes away funds needed from families and day care centers who would otherwise legitimately benefit from these funds. The State of Wisconsin Department of Justice is investigating various day care providers to determine what evidence exists to support a case for the improper use or acceptance of government funds. Day care centers that accept funds for children who are not present are likely to break other rules as well. Wisconsin day care regulations are in place for the safety, protection and welfare of children. You can read about a recent investigation at the Milwaukee Wisconsin Journal Sentinel Online - Milwaukee Day Care Center Faces Investigation.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Go down a toy aisle at Target, Wal-Mart and other stores and you will see hundreds of toys. Read the boxes and packaging of the toys sold and you should see an age recommendation for the use of the toys. These age recommendations are very important and should be seriously considered by parents when selecting a toy for a child. This is especially important for young children who have a habit of putting things like small objects like toys, coins, paper clips, and other items in their mouths. Children are just plan curious. As part of the curiosity or exploration process, small children will put objects in their mouth. A very good article was recently posted at The Northwestern Website (Osh Kosh, Wisconsin) - Watchdogs Get Tougher on Toy Safety, but Parents Must be Viligant. It was pointed out in this article that even brilliant or gifted 3 year olds will put things in their mouth. As such, age recommendations even apply to so called smart kids. It is also important for parents, teachers, and day care providers to provide close supervision of children at play as well. Many incidents of child injuries / choking can be avoided with careful selection of toys combined with consistent adult supervision.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Wisconsin Governor Jim Doyle recently signed into law four bills aimed at protecting children while being cared for outside the home. The new laws will better enforce preventative procedures against fraudulent child care services and help ensure child safety. The bills were introduced in reaction to discovery of fraud in the state’s child care program, Wisconsin Shares, which assists low-wage-earning parents in paying for child care.

One of the laws will allow the Wisconsin Department of Children and Families to investigate businesses that commit fraud to obtain funds from the taxpayer-funded Wisconsin Shares program. Another law will require child care facilities where child abuse or neglect resulted in serious injury or death to make that information public. The third law applies to children in foster care, increasing efforts to place foster children with relatives, keep siblings together, and give foster parents more rights. The fourth law deals with criminal background checks for potential child care workers, and prevents those convicted of certain crimes from working or residing in a child care facility.

Children should be protected and properly cared for at all times. These new laws will go a long way toward protecting children and providing for their well-being. Of course, parents still need to check into the child care they choose for their children to make sure it is safe, but these laws will make it easier for them to do so. You can find out more about these new Wisconsin child safety laws at Wisconsin Shares bills signed into law by Doyle.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other States, public funds are being paid to day care provider / child care providers who do not follow regulations and even misrepresent the number of children in the program as well as the services provided. Lawmakers in Wisconsin are seeking to hold these day care providers accountable as well as the government employees responsible for regulating or monitoring these day care facilities. You can read more about this issue at More Wisconsin Day Care Providers Cut Off from Public / Government Funds.

When selecting a day care facility / child care facility, parents should ask many questions. Parent should look for a facility with a well maintained and with a well staffed facility. In addition, parents should ask for documentation from the facility including licensing information, past surveys, census records, and other forms regularly maintained by the facility. Facilities that follow the rules and regulations are more likely to pay closer attention to child safety issues and precautions. This, in turn, will greatly reduce the risk of personal injuries / harm to children enrolled in that particular day care / child care facility.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other States, parents, as well as children, have a right to pray and to practice religious beliefs of a particular religion. The State and Federal government generally should allow people to pray and pay respect to a particular religion or practice without interference. Yes, we have the United States Constitution which has granted people the freedom of religion; however, when a child's health, safety, and well being were put at risks, law enforcement authorities and prosecutors have taken action. In Wisconsin, parents were prosecuted for the 2003 death of their 11 year old daughter who died without the benefit of timely medical intervention. Instead of taking their daughter to the hospital, Dale and Leilani Neumann prayed along with ohters. Their daughter, Madeline Neumann, died from complications related to undiagnosed diabetes which is typically a condition that can be managed through medication and / or dietary intake. Madeline died on the floor of the family home. 911 was called only after Madeline stopped breathing. This case garnered national attention because there are thousands of other parents who may take a similar route to the Neumanns in dealing with a life threatening but treatable condition.

An adult can make decisions on his or her own in the name of religion. It is a much different situation when dealing with a child. See Wisconsin Parents to Be Criminally Sentenced in Prayer / Death of Child Case.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Trempealeau County, Wisconsin near Galesville, a 7 year old (Tristan Decker) recently sustained serious personal injuries after he was hit by a pick up truck. The incident happened as Tristan was playing off the side of the road in sand. It was reported that Tristan may have been partially in the roadway. When investigating incidents of this nature, it is important to know the following:

*What time of day did the incident take place?

*What was the speed limit in the area?

*What was the visibility in the area for driving?

*Do children commonly play in the area where Tristan was playing?

*Were there any witnesses to the incident?

*How close was Tristan to his home where he was playing?

*Was the incident avoidable?

The sheriff's office reported that Trisan suffered a head injury and may have also fractured a leg. Tristan was transported to Gundersen Lutheran hospital for medical care. You can read more about this incident at Wisconsin 7 Year Old Suffers Serious Personal Injuries After Being Hit by a Pick Up Truck.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin, many working parents believe that a day care license / child care license operator is a responsible person with no criminal background. Parents should read the recent story posted in the Milwaukee Wisconsin Journal Sentinel. Day care owners, with criminal backgrounds of child abuse and neglect (yes, child abuse and neglect) are not only getting child care licenses but also are receiving state funds to operate the day care centers. While many people in life do get second chances and do rehabilitate, most parents would not entrust their children to a person who in the past beat a child with an electrical extension cord. Parents should investigate day care centers before enrolling their children and should visit the day care center as well. You can read more about this story at Wisconsin Child Care Providers with Criminal Backgrounds Getting Licenses and State Funds.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic automobile accident took place in Wadsworth, Illinois. A 24 year old mother (Nicole Polk) was driving with her two children, ages 1 and 2, on Interstate 94. Police reported that Ms. Polk crossed into the northbound traffic and caused a crash with another vehicle. Ms. Polk and her one year old child died as a result of automobile accident related personal injuries. Alcohol was found in Ms. Polk's vehicle. A full homicide investigation will be conducted to determine if alcohol and other factors were the cause of this tragedy. You can read about this story at Wisconsin Mother and Infant Die in Illinois Automobile Accident.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver's mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following:

In Amarillo, Texas, Stephanie Phelps, who was driving her 4 month old daughter, ran a red light into a cement truck. Both Stephanie and her daughter died as a result of cell phone use and driver inattention.

In Mount Horeb, Wisconsin, Janet Indermuehle was speeding and talking on her mobile phone when she lost control of her vehicle and crashed. Janet and two teenagers died as a result of this accident.

In Florida, Stephanie Phillips and Heather Hurd were killed when a trucker was reportedly distracted while text messaging on his mobile phone while driving on U.S. 27.

In Glendale, Arizona, Ashley Miller and Stacey Stubbs died in an automobile accident after Miller reportedly drove across the center line while she was text messaging.

You can read about other incidents of driver distraction and cell phone use / text messaging at Text Messaging and Cell Phone Use While Driving Is Dangerous.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition - diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline's death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare - what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child's life has been lost. The Neumann's believed that their daughter's illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney - Girl Whose Parents Prayed to Defeat Illness - Suffered a Needless Death.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Chippewa County, Wisconsin, Raymond Knez was sentenced to a 9 month jail term for shooting 6 pets to death in front of children causing mental harm to the children. News report indicate that Mr. Knez was drinking before he got his gun and started shooting pets around the house. Mr. Knez pleaded no contest to the charges and admitted to reporters that it was a stupid drunken reaction to the situation. Chrystalyn Adcock, Knez's girlfriend, was sentenced to 50 hours of community service.

These heinous and criminal acts should have been punished. Some may argue that a person has a right to own a gun, use a gun, and shoot an animal which, in many states, is considered a piece of property like a couch. Nevertheless, the mental health of a child should be considered. Mr. Knez committed these acts under the influence of alcohol and apparently in anger. Inflicting this kind of mental distress on any person, especially a child, should be a crime that is punishable by a jail sentence, community service, and a fine.

You can read more about this story at Wisconsin Man Who Shot Pets In Front of Children Gets Jail Sentence and Community Service.