Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Special needs children / students need to have proper supervision and patience from teachers in Indiana and other States. In Lafayette, Indiana, a special need middle school teacher was fired by the school board for duct taping a student’s mouth shut. This truly is no way to discipline a child or make a point. It is corporal punishment – plain and simple. Pamela Dahnke, the middle school teacher, was a health and nutrition teacher. One would think that she would realize the psychological and social ramifications of such acts in Indiana.
The Mayor of Racine, Wisconsin – Gary Becker – was arrested on five felony counts for his internet chats and arranging for a meeting with a 14 year old to have sex with the 14 year old. In actuality, the 14 year old online was an undercover agent with the Wisconsin State Division of Criminal Investigation. Mayor Becker previously had taken his computer to a city employee for have some work done on it. The technician found child pornography on the Mayor’s computer. Thereafter, the State Division of Criminal Investigation had undercover agents engage in chats with the Mayor. Mayor Becker had engaged in these chats before.
Monkey bars are placed on playgrounds in Massachusetts and throughout the United States. Children love hanging from, hanging upside on, crossing, standing on, and sitting on monkey bars. Many children enjoy the challenge and the height of monkey bars. The problem is that children fail to appreciate the dangers of monkey bars and sustain serious personal injuries from falls from monkey bars. A Boston, Massachusetts medical study mentioned on the 
Studies conducted at Duke (North Carolina) University Eye Center and other facilities show that premature infants are at a higher risk for severe vision loss. It is vital that doctors identify those premature infants who are at risk for complications from ROP. Infants, who are premature with a low birth rate, should be identified by medical professionals. There is a small window of opportunity to identify and treat ROP. Otherwise, the child faces a lifetime of blindness and disability.
In many school districts including the one in Tucson, Arizona, the school district or school board has a zero drug tolerance policy in the public school system. Crack, Meth, and, even aspirin are prohibited in the school system. There are many cases that have been reported where a child / student was suspended from school for having aspirin, Tylenol, or even vitamins in schools. There should be a distinction between Crack and Aspirin but the zero drug tolerance policy seems to lump all drugs and medications together.
Mothers are supposed to care and protect their children – not drown and kill them. Tragically, Leatrice Brewer, age 28, did just that. Leatrice Brewer pleaded guilty by reason of mental defect or diseased for crimes committed against her children. Instead of going to prison for life, she will be sent to a psychiatric facility – possibly for life. Psychiatrists diagnosed Brewer with a major depressive disorder when she killed her children. Supposedly, Brewer thought that her criminal acts were saving her children from the dangers of voo doo.
In Derby, Connecticut, an 11 year old boy had just received his first new bicycle for Christmas. It was a BMX style bicycle, with grinding bars and front handle bars that could spin completely around, allowing for all sorts of cool tricks. A special brake mechanism allowed the handle bars to spin completely around so that riders could perform “extreme” tricks while the front wheel is off the ground, such as a “bar spin.” Unfortunately, when the bicycle was assembled at the store that sold it to the boy’s mom, the brake cables were not properly attached to the discs above the wheel and below the handle bars. A few days of riding and the boy was ready to try some jumps with his friends. On his first jump, he flew only a short distance, but when he tried to stop the bicycle with the front brakes, nothing happened! The fence that loomed just ahead was too close for him to avoid, and he struck it head on. On impact, the boy’s body moved forward off his seat, striking the base of the handle bars, where the brake discs, hard steel plates, were located. This impact caused serious personal injuries: a severe laceration of the boy’s penis and scrotum, requiring immediate hospitalization, surgery and anti-biotics. A lawsuit was filed against the manufacturer, the toy store and the company that assembled the bicycle for the store.
It is important for day care centers / child care centers to have a properly maintained building and facility in place to comply with the State Board of Education rules and regulations. It is also important to have a properly trained and attentive staff in place. The old saying – “Don’t Judge a Book by Its Cover” may apply in instances where there is a beautiful, new and modern day care center but it is staffed with unmotivated and careless day care center staff members. Parents should not just look at the building when considering a day care center. Parents should also look and interview the staff including the administrator, supervisors, teachers, and teacher’s aides. Every staff member at a day care center is important. Every staff member can make a difference – some for the better and some for the worse. Under 
Georgia Governor Sonny Perdue has proposed legislation that will require the losing plaintiff / injury victim in a lawsuit to pay attorney fees to the defendant if the plaintiff’s lawsuit is dismissed as lacking “substantial merit.” Under this proposed legislation, if the defendant files a motion to dismiss the plaintiff’s claims on the grounds that the complaint fails to state a claim and lacks substantial merit, discovery will be stayed until after the judge rules on the motion. The practical effect of this provision will be to protect defendants who may very well be liable because the injured plaintiff will be unable to pursue discovery to prove the legitimacy of their claims.