Articles Posted in State Specific Articles

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By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney

Published by Child Injury Lawyer Network

mop%20bucket.jpgKristal Khan, a babysitter from Queens, New York, ran an unlicensed day care center out of her home. She is accused of becoming extremely drowsy and falling asleep after drinking NyQuil cold medicine while babysitting 11-month-old James Farrior III on June 15, 2009. James allegedly fell head first into a mop bucket full of water and drowned. Kahn is accused of not waking up because she was in a cold medicine-induced sleep when James fell into the bucket full of water in Kahn’s Richmond Hill home. Kahn is being tried on reckless assault charges and could face up to four years in prison if convicted. More troubling is Kahn’s emotional state or, better put, lack thereof. Prosecutor Leigh Bishop stated the state will produce witnesses, firefighters and police who will testify that Kahn was “calm and without emotion” in her statements after the incident. NYPD Detective Brian Simonsen testified that Kahn showed no emotion was neither sad nor frantic when she gave her written statement a mere 2 hours after the death. For more details on this case and to see a video of Kahn please see Drowsy babysitter case of Queens, New York goes to trial.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Louisiana.jpgIn Morganza, Louisiana, a family lost a son who was the unfortunate victim of a dog mauling by the neighbor’s three Boxer breed dogs. The small town / village of just over 600 people mourned this little boy’s death. In the aftermath of his death, the family along with a blogger (Holly Lemoine) launched a campaign and website called www.bloggingforblaise.com. This website contains photographs and memories of Blaise who only had four years on this earth. Despite his short life that was ended abruptly by this Louisiana dog attack. Blaise made such an impact both within his family and in the community. The website – www.bloggingforblaise.com – has valuable tips and insight for those dealing with a loss and educating children about dogs.

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

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After the Milwaukee Journal Sentinel exposed widespread fraud in Minnesota child care facilities, the legislature took action. Many day care providers in the Milwaukee area were found to be collecting money from the State of Minnesota for “children” that they actually did not provide care or services for in the facility. Now, many children attending Wisconsin day care centers will have to be fingerprinted when they arrive to the center. In February 2011, ten scanners are expected to be installed and in July the program will be expanded statewide. Ultimately, 620 providers are expected to have scanners. The program does have skeptics. Cindy Fennessey, owner of local day care facility, says that even with the scanners, fraud would still be possible. Fennessey also says the scanners may be discriminatory because the scanners are only required for those children who receive government subsidies for their care. Read more on this story at Finger scanners to be installed at Minnesota day care centers.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Minnesota.jpgA Minnesota mother is demanding answers after her sun ran out of 2 day care centers, two days in a row. The incidents occurred on November 4 and 5, 2010. Two-year-old Ryker Hacker walked right out the front doors two separate Southern Minnesota day care centers. Jackie Downing, Ryker’s mother, said she was referred to day care provider Rosemary Marquette from her neighbor. On Ryker’s first day, Marquette said she briefly turned her back to help another child when Ryker suddenly went wandered off. Marquette said she did what any other parent or adult would do and started searching form him on her own. However, police say they did not receiving a call from Marquette reporting the child missing. In fact, police received calls from concerned citizens after they saw Ryker in the middle of a busy street, 45 minutes after the child went missing. After much persistence, Downing successful in charging Marquette with a criminal misdemeanor charge of child neglect. The second incident occurred the very next day at Caring Arms day care facility in Nicollet, Minnesota. Sonja Shay, director at Caring Arms, says the center called police and found Ryker walking towards his home a short time after he went missing. To read more on this story please see Two-year-old boy wanders out of 2 different day care centers, 2 days in a row.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

poison%20icon.jpgAccording to authorities, seven middle school students in San Francisco, California, were taken to the hospital after they ingested rat poison, which they mistakenly took for candy. The incident occurred at Martin Luther King Jr. Academic Middle school. A student told a parent about ingesting a blue cube found atop of filing a cabinet. A teacher later contacted poison control. Although the students showed no symptoms, they were taken to the hospitals for precautionary reasons. School officials say the incident is under investigation. To read more on this story please see Middle school students taken to hospital after ingesting rat poison mistaken for candy.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

cathedral.jpgThe Archdiocese of Milwaukee, Wisconsin, publicly stated it would filed for bankruptcy in the midst of pending child abuse lawsuits. According to Archbishop Jerome Listecki, the reason for filing for bankruptcy was because the pending sexual-abuse lawsuits could leave the archdiocese with debts it could not afford. However, one lawyer claims it is a delay tactic being used by the church to avoid opening its records to public scrutiny. In fact, Jeff Anderson, an attorney of St. Paul, Minnesota, who has filed 23 lawsuits against the church, stated he thought the bankruptcy filing was done to delay his deposition of Milwaukee Bishop Richard Sklba. Anderson and his clients have been pushing the archdiocese to make public the names of the priests accused of the sexual child abuse and the church officials who protected them.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20California.jpgPolice officials in Baker, California, have arrested a former day are worker in connection with the October 2010 death of a 2-month-old baby at a local day care center. 22-year-old Ashley Rene Reifer was arrested and charged with one count of second-degree murder and one count of cruelty to a juvenile. The autopsy of Brody Hopper revealed that Brody died of traumatic brain injury or Shaken Baby Syndrome, said Police Chief Make Knaps. Reifer worked at Busy Bee Learning Center in Baker, California. According to investigators, Brody was in her sole care on the day of his death.

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By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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After being interrogated for almost 10 hours, Melissa Calusinski confessed to fatally slamming a toddler on the ground at the Lincolnshire, Illinois, day care center where she worked. Despite confessing, the 24-year-old day care worker pleaded not guilty to first degree murder of the death 16-month-old Benjamin Kingan. The fatal confrontation occurred back in January 2009. The tapes show Calusinski vehemently dying having anything to do with or know what caused Benjamin’s death at first. After almost 4 hours into the questioning, Calusinski suggested that Benjamin could have caused his own fatal injuries after he violently threw himself backwark to the floor, audibly hitting his head. She changed her story again and told interrogators that it may have something to do with the fact that the toddler hit his head while she was removing him from a chair. Finally, Calusinski admitted to interrogators that “the kids were driving [her] up the wall.” Finally, she admitted to throwing Benjamin to the floor. The judge in the case is expected to rule on whether or not to suppress the video-taped confession. If you would like to read more on this story please see Day care worker confesses during videotaped interrogation to fatally slamming 16-month-old toddler.

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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Local officials are investigating a car crash involving a car crashing into a home in Holley, New York. When police arrived to the scene, they found the car already inside the home. Officers had to assist the passengers out, as the vehicle had struck a gas meter and gas was leaking onto the air. The car was being driven by a 26-year-old female driver and occupied by a 6-year-old and a 6-month-old child. The female driver sustained personal injuries to her head, back and leg. The 6-month-old was placed in pediatric intensive care and sustained personal injuries to the head and leg. The 6-month-old infant was treated and released. According to officials, the vehicle went off the roadway, struck a power pole and then struck the home. Car crashes can be extremely harmful and sometimes fatal. It is important during this time of year, when weather conditions are not favorable for driving, for drivers to stay alert and keep their focus on the road. Hopefully, both children were properly retrained in the vehicle – the toddler in a car seat and the 6-year-old also properly retrained inside the vehicle depending upon the child’s height and weight. If you would like to read more details on the crash please see Driver and 2 child passengers sustain personal injuries after crashing into New York home.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Facebook and the Internet are wonderful tools and toys to play with; however, Facebook and the Internet can also serve as a deadly distraction to parents and child care providers. In Fort Lupton, Colorado, it was a reported that a 13 month old child died in his home’s bathtub while his mother was playing a Facebook game on her laptop computer. Many parents and child care providers do not realize that a child can drown in a small amount of water and in a short period of time. An infant / toddler should not be left alone in a bathtub even for a short period of time. Whether it is the Internet, a telephone call, food cooking, or another distraction, leaving a child alone or unattended in a bath tub can and does cause serious personal injuries and in some instances death. Affidavit: Mother Was on Facebook While Son Drowned.

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