By David Wolf, Attorney
Published by Child Injury Lawyer Network
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.
Retinopathy of Prematurity can cause partial or total blindness in premature infants / babies. Because it is a well known complication with premature births, the American Academy of Pediatrics (AAP) and the American Academy of Opthalmology along with the American Association of Pediatric Opthalmology recommend screening of all babies born prior to 32 weeks or weighing less than 3.5 pounds. Many hospitals lack doctors who specialize in ROP diagnosis and treatment. Even hospitals with a neonatal unit lack an experienced doctor specializing in ROP. Based on this shortage, guidelines for screening should be followed to screen for ROP and provide timely and consistent treatment to attempt to prevent serious permanent eye injuries to premature infants.
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 
New York day care and child care centers are regulated by the
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.
The Jackson County, Mississippi Sheriff’s Office arrested Arnold Clark on charges of molestation and touching a child for lustful purposes. The arrest of Mr. Clark in the Mississippi Sun Herald contained few details of the incident or allegations. Mr. Clark is entitled to an attorney and is innocent until proven guilty. What we do not know at this point in time is the evidence gathered or obtained against Mr. Clark or his criminal history.