Articles Posted in Pennsylvania

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By David Wolf, Child Injury Lawyer

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Day care centers are commonly used by families all over the country.  Parents assume that children are being cared for in a supportive learning environment by caring child care providers. Child care workers are expected to be responsible, dependable, and patient.  Training should be completed pursuant to state and local day care regulations for each worker to to being officially employed by the day care center.

Video surveillance at a day care center can help document many incidents that in the past were “swept under the rug” or hidden by the day care center.  Without the benefit of video surveillance, many incidents of child abuse were kept quiet. Day care center workers would claim ignorance, “I do not know what happened.”  Alternatively, the day care center worker would make up a story, “Johnny fell while running on the playground.”

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By David Wolf, Attorney
Teddy Bear Sleeping on MoonDay care centers are relied upon to provide care for children so that parents can support the family.  While many would prefer to care for their own children during the day and avoid day care centers completely, the economics and practicality of the matter is that many parents have no other viable choice but to utilize day care centers for their children.  Tragically, deaths occur at day are centers from incidents that are foreseeable and preventable.  An otherwise normal day turns into a nightmare that lasts a lifetime when a child dies as a result of neglect, negligence, carelessness, and even intentional acts.  Children especially infants and toddlers are vulnerable for injuries and medical complications that do not typically occur with elementary age and older children. In particular, infants and toddlers are at risk for complications that take place during a common activity that takes place at just about every day care center – big and small – in the United States.  This common activity, to the surprise of many people, is sleep time or nap time.  Infants lack the muscle strength and especially the neck strength during sleep time to lift themselves off of their stomachs.  As such, if an infant is placed on his or her stomach during nap time or simply rolls over on the stomach, this can lead to a very dangerous and even fatal situation.  This is especially problematic if the supervision is lacking, if the facility is understaffed, and / or the child care providers lack the education and training to recognize the risks or to act swiftly to protect the child.  Matters are further complicated when a child is placed in sleeping or napping environment filled with soft pillows, sheets, stuffed animals, a Bobby pillow, and / or a soft mattress.  Any of these items can contribute to a tragic situation in which a child suffers injuries or dies from suffocation, SIDS (Sudden Infant Death Syndrome), asphyxiation, or other similar complications.
Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Pennsylvania.jpgIn Northview Heights, Pennsylvania, a tragic death of a 4 year old girl – Shaniya Darby-Sims – was recently reported. A television set weighing approximately 60 pounds fell off of a dresser and onto the 4 year old year old. The mother – Shamika Darby – found her daughter upstairs and removed the television set off of her and then started CPR. The child was later rushed to Children’s Hospital where she later died. See Northview Heights Girl Dies from Television that Tipped Over.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

day%20care.jpgAllegheny 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.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

day%20care.jpgChild 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.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

judge.jpgA 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.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

safe%20driving.jpgA 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.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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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.
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Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Pennsylvania.jpgIn 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.