Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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South Carolina is one of six states that do not have laws regulating All-Terrain Vehicles (ATVs). However, this could change if a new law, named Chandler’s Law is voted into legislation. The law aims to reduce child personal injuries for those children who ride operate ATVs. Chandler’s Law would require all young ATV riders to complete an ATV safety course, wear a helmet and ride with an adult while traveling on public land. The law comes at a time in when ATV-safety awareness is on the rise in South Carolina. According to South Carolina’s Health Department, in the last 10 years, 63 children under 17-years-old have died in ATV accidents. Of those deaths, 40% were children younger than 9-years-old. The new law is also getting support from local doctors. Dr. Keith Borg, an Emergency Room doctor at the Medical University of South Carolina, says the amount of children treats with traumatic brain injuries as a result of riding or operating ATVs is staggering, usually resulting in paralysis or death. For more details please read South Carolina proposes new bill to increase safety for young ATV riders.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Minnesota.jpgIf passed, a new Minnesota bill would require stricter CPR training requirements for the state’s child care centers. The bill would require training for all teachers and assistant in child care centers. The current law in Minnesota only requires one person trained in CPR to be present at the center. The bill was introduced by two Minnesota lawmakers after the tragic death of a 4-year-old girls in North Mankato. Hannah Kozitza died in June 2010 after choking on a grape at her day care facility. For more see New Minnesota bill could require stricter CPR requirements for workers in the state’s child care centers. By requiring more child care employees to be trained in CPR, more staff members will be available to aid the children in case of an emergency. The more safety at child care centers can be increased, the better our children will be cared for.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20South%20Carolina.jpgDue to an increasing awareness and concern about a child safety at day care centers, Kendra’s law has been on the books in South Carolina since August 2010. A consequence of the law is that people are starting to pay more attention to what goes on into child care centers. The law seems to come at a perfect time. The National Child Abuse and Neglect Data reported more than 1700 child deaths were reported in 2007. Some day care centers in South Carolina are easing parents mind by installing new technology in the facilities. Essential Childcare has placed cameras all throughout the center allowing parents to watch their children from a secure website or mobile device. The center has made the process of pick-up and drop-off digital as well. The only people who can pick up a child must be registered in the system ahead of time. A person picking up a child at Essential Childcare will have to be registered in the system ahead of time, touch his/her finger to a machine, and then input a code to unlock the doors. The new technology developments are the result of putting safety at the forefront of child care. For more please read South Carolina child care center implements technology for increasing child safety.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Sara Beth Whited, 48, owner of a residential child care center in Casper, Wyoming, has been charged with one count of child endangerment for an incident that occurred in October 2010. Whited was charged for her alleged role in the death of 3-month-old Tyler Parker. Nicole Parker, the infant’s mother, found Tyler unresponsive inside a bedroom at Sara’s Child Care, Whited’s day care facility operated out of her Vista Way home. Parker told investigators she found her son around 3:30 p.m., he was “cold to the though” and his face appeared “bluish and purplish.” Parker tried to perform CPR on her son, but her attempts failed because his jaw was “locked shut,” according to an affidavit from the case. The affidavit also states that Tyler was found “swaddled in a blanket” with “his arms tightly pulled down to his body.” An autopsy revealed the cause of death to be “asphyxia by bedding due to the fact of the infant being swaddled and placed on a soft foam bedding.” According to the rules and regulations governing day care providers, infants must be placed on their backs for sleeping unless a licensed physician says otherwise and provides a waiver. No waiver exists in the instant case. There is some debate about the frequency Tyler was checked on after he was put down to sleep. In an interview with detectives, Whited stated she had checked on the child numerous times, usually about every 10-20 minutes. However, authorities say the facts do not support this claim. The affidavit states the child must have been dead for a considerable period of time before her was discovered. Upon being discovered, the unresponsive Tyler was taken to Wyoming Medical Center where he was pronounced dead. If convicted, Whited could face up to a maximum of on year imprisonment. Whited is represented by an attorney and will be presumed innocent until proven guilty. For more please see Casper, Wyoming day care owner charged after child dies from asphyxiation in her care.

Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In what may be the first study to analyze data concerning nonfatal crib-related personal injuries in children younger than 2-years-old, the amount of child personal injuries was alarming to researchers. The study was published in the journal Pediatrics and analyzed data for 181,654 injuries related to cribs, playpen and bassinets from 1990 through 2008. The study revealed that dozens are children are personally injured daily as a result of falling from their cribs. In 9 of 10 cases the child was alone when the fall occurred and most injuries were sustained to the head and neck of the child. Of those children injured, 2,140 children (1.2%) died, usually as a result of becoming trapped or wedged in the crib. One method of prevention is to adjust the height of the crib’s mattress as babies start to grow and are able to pull themselves up and out of the crib. However, even the most alert caregivers can be caught off guard. According to Dr. Gary A. Smith, director of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio, children are not standing one day and the next they are taking off, thus catching parents by surprise. Crib safety awareness has increased due to the recent nationwide ban on drop-side cribs. Starting in June 2011, new mandatory safety standards go into effect for cribs. For more read Cribs prove to be dangerous and fatal for babies and children.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgA 4-year-old boy from New Bedford, Massachusetts was beaten so badly that the mere sight of the child brought tears to a hospital nurse. Police have arrested and charged the the mother’s boyfriend for the horrific beating of the child. 31-year-old Elvis Garcia has been charged with assault and battery with a dangerous weapon. Officials stated the little boy’s body was covered in bruises and cuts and had dried blood in his ear. Detective Alberto B. Silva described the crime committed against the victim to the New Bedford Times as “heinous.” 33-year-old Sandra Augusto, the child’s mother, was also arrested and charged with substantial injury to a child and and reckless endangerment to a child under 18; she is accused of allowing the abuse to happen. For more see 4-year-old New Bedford boy sustains “heinous” beating, mother and boyfriend arrested.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgLufkin, Texas, police are currently investigating a possible injury to a child case after they were notified of suspicions of child abuse / neglect by hospital personnel. 30-year-old Julia Goodwin of Lufkin, brought a one-year-old unresponsive child to Memorial Hospital’s Emergency. Standard drug tests done by the hospital revealed the child had ingested a dangerous drug, possibly PCP. Under Texas law, doctors and nurses are considered mandatory reporters of child abuse. These Texas medical providers have 48 hours to report their suspicions from the time they are made aware. Both doctors and nurses are taught to always be aware of warning signs: bruises of different healing stages on the child’s body and inconsistent stories about how the injury occurred. The investigation of the infant is ongoing and no charges have been filed as of the time that this new story was released. For more read 1-year-old suspected to have ingested dangerous drugs, possibly PCP.

Published on:

By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgJessica Tata ran a day care center in Houston, Texas. She ran the day care center but did not run it well. On February 24, 2011, there was a fire at the day care center that caused the death of 4 children under Tata’s care. It was reported that there were no adults in the day care center when it was on fire. Law enforcement officials have charged Jessica Tata with the crimes of reckless injury to a child, abandoning a child under the age of 15, and manslaughter. It is believed that Tata fled to Nigeria. Currently, Jessica Tata is on the FBI (Federal Bureau of Investigation) 15 Most Wanted List. See Day Care Owner Added to “Most Wanted List”.

Published on:

By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

fire%2C%20matches.jpgThree children were tragically killed in a kitchen fire that occurred at the children’s Houston, Texas, residential daycare. Rick Flanagan, spokesman for the Houston Fire Department, said the victims ranged in age from 18-months to 3-years-old. The day care’s operator, 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas’ child care rules, Tata should not have been caring for more than 6 children older than 18-months. Michael McAndrews, a 50-year-old witness who lives near the residential day care, said Tata stated she went to the bathroom at the facility and upon returning the kitchen was on fire. When firefighters arrived at the scene, Tata and two injured children were outside the flaming home, the other five children were trapped inside. Firefighters had to use thermal imaging cameras to find some of the children. Firefighters had to perform CPR on 4 children, who were unresponsive. Some children sustained burns while others suffered from smoke inhalation. Jennifer Hart, spokeswoman for Children’s Memorial Hermann Hospital, stated that one child was transferred to the Shriners Hospital burn center in critical condition and two other children were at a Houston hospital, one also in critical condition and the other in good condition. Around a year ago, the facility, which is registered as a “child-care home,” was cited by the Texas Department of Family and Protective Services’ Child Care Licensing division for not having a fire extinguisher. DFPS spokeswoman Gwen Carter said Tata had correct the problem. For more see 3 children tragically killed in a Houston, Texas, child-care home kitchen fire.

Published on:

By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

bath%20faucet.jpgAn 18-month-old girl of San Antonio, Texas, is recovering from second- and third-degree burns she sustained while she was taking a bath. According to the arrest warrant, the girl’s 18-year-old babysitter, Juan Valentine Castillo, left the toddler unattended in the bathtub. Castillo claims that while unattended the little girl turned on the hot water and burned herself. Castillo has been arrested and charged with “injury to a child — assault — serious bodily injury,” and remains in jail with a $65,000 bond. Child Protective Services began to investigate the case after the toddler was transported to Christus Santa Rosa Hospital by her foster parents. The victim was eventually transported to University Hospital due to the severity of her burns. The arrest warrant reveals that doctors diagnosed the child with immersion burns and showed signs of abuse. Castillo told police he was the only person caring for the child at the time of the incident and claimed she adjusted he water setting on her own. Castillo was initially taken into custody on outstanding warrants for drug possession and assault. For more details see 18-month-old girl sustains second- and third-degree burns from bath water, babysitter arrested and charged with injury to a child.

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