Articles Posted in Injuries to Children

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In Northern California, there is a 3-year-old little girl who is blind. She has to be fed through a tube in her stomach. She suffers seizures. She cannot walk or talk or take care of herself. It’s not likely she’ll ever be able to do those things, and most likely, she will die an early death. baby

The situation is heartbreaking, and made even worse by the fact her family asserts her condition was caused by a doctor who waited far too long to order a Cesarean section for the mother when she was in labor with the girl in 2012.

Now, in a bench trial at a U.S. District Court in Sacremento, a federal judge ruled the physician did indeed wait too long before initiating a C-section. This was in light of the fact that the fetus’s heart rate was worsening and there was little chance her mother was going to be able to deliver the child vaginally. Continue reading →

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For more than three decades, child safety advocates have been advancing awareness of a serious problem in homes with young children: Window blind cords.windowblinds

The window covering industry started back in 1985 raising awareness of the issue. However, manufacturers never took action to eliminate the risk – as was in their power to do – by scrapping the current model in favor of cordless blinds. Although such products do exist, a recent investigation by ABC News found that retailer employees are not well-educated in informing parents about which blinds are safe for small children.

Although officials with the Consumer Product Safety Commission (CPSC) have for years said they could not outright ban a dangerous product without initiating a lengthy process, they are now initiating just that. The chairman of the agency was quoted by ABC News as saying he wasn’t sure why the industry had failed to take these dangerous products off the market, “Other than greed.” Continue reading →

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A high school freshman who went on a school summer foreign enrichment program to China returned forever changed after suffering a tick bite through which she contracted encephalitis. She became gravely ill while on the trip, had to be transferred to a hospital in Beijing and was ultimately flown back to New York, where medical doctors properly diagnosed her. greatwall

The effects have been devastating. She lost her ability to speak. Her face is partially paralyzed. She also lost some cognitive function, though she was able to eventually graduate from high school and attend college classes.

She and her parents sued the Connecticut private school where she attended and that had organized the trip, and ultimately won a $41.5 million judgment against the school, of which $31.5 were non-economic damages.

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Every year in the U.S., an estimated 200,000 children under the age of 14 are treated in hospital emergency rooms for playground-related injuries, according to the Centers for Disease Control & Prevention. Many of these injuries are preventable, caused by either defective playground equipment or inadequate supervision.playground

Three-fourths of these incidents occur at schools or daycare centers. Almost half are considered “severe” injuries: Concussions and traumatic brain injuries, dislocations, fractures and even amputations.

Several recent cases in litigation highlight the danger.

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It is well-established that schools, daycare centers, camps and other similar institutions owe a duty of care to students and minors in their care. This includes the duty to properly supervise, protect against abuse during compulsory attendance periods, and to immediately report it if such abuse becomes known. girl2

In cases where schools have failed in these duties, victims of sexual assault have grounds to pursue a civil tort – or injury lawsuit – against the school for compensation.

For many victims, it is not about the money, though many do require extensive therapy and treatment to regain emotional stability. It’s often more about holding the school or center accountable, and ensuring such failed oversight doesn’t harm other children.

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Approximately 2.5 million people in the U.S. suffer a traumatic brain injury each year, with roughly 50,000 of those cases being fatal. Mostly, these injuries are caused by motor vehicle accidents, falls, being struck by or against objects and assault.
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These injuries may be mild, but often result in severe and lasting consequences, including permanent disability or death.

For one teen football player in Iowa, the impact rendered him permanently disabled with severe brain damage and confined to a wheelchair. Now 18, he recently won a $1 million negligence lawsuit filed on his behalf against the school district for whom he played. It is believed to be the largest amount of damages awarded to a high school football player for such injuries.
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In Florida, it is possible to be largely to blame for one’s own injuries, and still collect damages from another party.skateboarding.jpg

At first blush, this might seem unfair. But it’s worth pointing out one person’s negligent actions do not negate those of another – even if the latter contributed to the former’s injuries to a lesser degree. In a comparative fault system, each individual is only responsible for damages connected to his or her own actions. So if a person is 20 percent at fault, he or she will pay 20 percent of the damages.

This is a model that upholds personal responsibility, and does not bar those who incurred serious injury from seeking compensation for negligence simply because they played some role in what happened.
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Florida’s Third District Court of Appeals, allowing for a more liberal reading of medical malpractice laws in the state, has granted a mother’s petition to amend her complaint against three doctors she alleged contributed to her daughter’s profound injuries at birth.
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Our Cape Coral child injury attorneys understand the justices reviewing the case of Exposito v. University of Miami School of Medicine determined the statute of limitations can be tolled in instances where the plaintiff was unaware injuries may have been the result of medical malpractice.

Here, the plaintiff asserted she didn’t know medical malpractice may have played a role in her daughter’s birth injuries, which includes cerebral palsy, seizures, cortical blindness, encephalopathy and spastic quadriplegia. The girl’s twin had been born healthy, and the mother said it wasn’t until much later that wrongdoing by the doctors could have caused her daughter’s injuries.
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A Lehigh Acres boy, 12, suffered extensive injuries after he was struck by a car recently on Alabama Road S. Authorities have indicated thankfully that the child’s injuries don’t appear life-threatening, though it’s not clear what his recovery time will be or whether he will endure lasting impact as a result of the crash.
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Bicycle accident lawyers in Lehigh Acres understand that in this case, the driver of the car that struck the child will not be cited, as it is believed the child rode directly and unexpectedly into the path of the car.

Our fear is that as summer approaches, with more children riding their bikes around their neighborhoods, we will begin seeing more of these accidents. The Center for Urban Transportation Research with the University of South Florida reports that Lee County ranks in the top 10 in the state for number of bicycle deaths and injuries.

Florida has the highest rate of bicycle deaths in the country.
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Courts in Florida and throughout the country have repeatedly ruled that what you post, tweet or share on social media is discoverable in court. That means the other side can gain access, and use the evidence to their advantage – even present it to a jury.
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This is true in civil as well as criminal courts, and those even thinking of filing a Fort Myers personal injury lawsuit would do well to limit any public discussion of it.

This was the issue that arose recently in a Cape Coral case, Root v. Balfour Beatty Construction, et al., in which defendants sought access to the Facebook interactions of the mother of a seriously injured toddler.
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