Children's Injuries

September 18, 2012

Boy Scouts Concealed Child Sex Abuse, Reports LA Times

In Massachusetts, our Boston child sex abuse lawyers represent victims of molestation, rape, and other sexual assault crimes who are seeking damages from their abusers and those that allowed their injuries/trauma to happen. Perpetrators of sex crimes have included priests, other clergy members, teachers, coaches, counselors, family friends, relatives, and others who abused their relationship with the victims. Also, schools, churches, and other organizations and entities have been called to task for civil damages related to the injuries inflicted.

Now, the Los Angeles Times is reporting that after looking at 1,600 confidential files between 1970 to 1991 involving the Boy Scouts of America, it has discovered that Scouting officials often tried to cover up allegations of molestation by its volunteers and employees. These latest findings come from the organization’s same “perversion file,” meant to black list alleged molesters. Last year, however, the LA Times revealed that despite the lists, a number of suspected predators have continued to molest, making their way back into the program by skipping the registration process, falsifying their personal data, or moving to another troop while availing of computer and clerical mistakes and the failure by the Scouts to check to the blacklist.

The Times says that the Scouts would usually just get the suspected abuser to resign. Also, reportedly, in most instances involving Boy Scouts-related child abuse allegations, it was the police that notified the Scouts first. In the majority of cases (at least 400 incidents found) when the authorities didn’t, the Scouts did not notify the authorities at all, and they may have even (in more than 100 cases) actively sought to cover up the abuse. All this even as parents, boys, and staff members have come forward with their allegations over the years.

September 17, 2012

Preventing Boston Child Injuries: Car Seats Save Lives

by Altman & Altman

With Child Passenger Safety Week well underway, our Boston injury law firm wants to remind you to make sure that the child safety seat that your son or daughter is using works correctly and is properly installed. Unfortunately, car seat defects can cause serious injuries to children. Should that happen, you might be able to file a Massachusetts products liability lawsuit against the negligent manufacturer.

That said, the National Highway Traffic Safety Administration says that even when there are no product defects, parents are still making five key errors when using booster and car seats:

• Using the wrong harness slot • Positioning the harness chest clip over the wrong part of the body/not using it at all • Not securing the restraint system tightly enough • Wrong seat belt placement • Allowing the harness to stay loose

September 15, 2012

At Least 137 Fatal Drownings and168 Near Drownings Involving Kids in Pools and Spas Have Already Occurred This Summer, Says Media

by Altman & Altman

According to the U.S. Consumer Product Safety Commission, media reports reveal that between Memorial Day and Labor Day of this year there were at least 137 child drowning deaths and 168 near drownings (serious enough to warrant emergency help) in US pools and spas. 54 of these drownings took place not long after the victim had left the proximity of a grownup in the immediate area. 31 kids drowned even though there were people in the pool with them. At least 100 of these children were under the age of 5. Seeing as drowning is the number one cause of accidental death among kids in the one to four age group, these latest figures are, unfortunately, not surprising.

Our Boston swimming accident lawyers represent children and their families with claims and lawsuits against negligent parties that either directly or indirectly caused a child’s injury or death. Depending on the specifics of what happened, possible liable parties when drowning in a spa or pool is involved may include the pool/spa owner, the manufacturer of a defective pool or spa part, or the party that was responsible for supervising the victim at the time of the accident. Altman & Altman LLP is experienced in handling cases involving the Massachusetts personal injury areas of premises liability, negligent supervision, and products liability. We also handled drowning accidents and deaths involving adult victims.

In a report that it issued earlier this year, the CPSC noted that during the summers of 2007, 2008, and 2009 about 243 kids drowned in spas or pools each season-with about 390 child drowning deaths ultimately reported for each year. Also, for 2009, 2010, and 2011 on average there were about 5,200 spa- or pool- related submersion injuries that required ER care each year. Once again, kids under age 5 made up the majority of the reported child deaths and injuries.

September 12, 2012

Massachusetts Trampoline Parks: Are They Safe?

by Altman & Altman

Over the last couple of years, there have been more than dozen premises liability lawsuits filed against certain trampoline parks by plaintiffs contending that owners are creating an unsafe environment that places patrons at risk of personal injury. Allegations have ranged from claims that facilities that are dangerously maintained and poorly designed to inadequate supervision. Such issues are important to look at seeing as the trampoline park industry continues to grow. In Massachusetts, our Boston premises liability lawyers represent clients with injury claims against venue owners whose negligence played a role in causing the injury/death of a patron on that property. Do not hesitate to contact Altman & Altman LLP to request your free case evaluation.

While trampoline park owners are maintaining that trampoline use causes less injuries than most sports (trampoline use has been touted as an aerobic workout that helps develop coordination and balance) not everyone is convinced. According to the US Consumer Product Safety Commission, there were 92,159 trampoline-linked injuries that were treated in hospital ERS in 2010. Meantime, in 2006, the American Academy of Pediatrics recommended that trampolines shouldn’t be used at home, during PE classes, or in outdoor playgrounds. Also, earlier this year, the American Association of Orthopedic Surgeons cautioned that trampolines, while “fun” for all ages, comes with a high injury risk especially when there is more than one person jumping at a time. It too is recommending against home or outdoor playground use.

Common causes of trampoline injuries:

September 4, 2012

Toddler Involved in Worcester, Massachusetts Fall Accident From Window

by Altman & Altman

According to Worcester police, a 2-year-old boy fell 12 to 14 feet through a second floor window at a Hancock Street residence yesterday. He was alert and crying with a bump to his head from Massachusetts fall accident and he had to be taken to a hospital for treatment.

The toddler appears to have pushed the window screen before falling out.

Unfortunately, about 5,100 kids are injured in US fall accidents each year. The majority of these incidents could have been prevented if only the proper window safety precautions were taken. In Massachusetts, our Boston premises liability law firm represents children and families injured because of unsafe or defective conditions on someone’s property.

August 31, 2012

14 Injured When 100-Year-Old Motorist Accidentally Backs Cadillac into School Kids and Adults

by Altman & Altman

In a motor vehicle crash that is making national headlines, a 100-year-old driver backed into 14 people on Wednesday when he accidentally reversed his car into a group that was waiting to cross the street close to a Los Angeles, CA school. 11 kids and three adults were hurt, with at least two of the victims still in the hospital yesterday.

The elderly driver, Preston Carter, claims that he hit the pedestrians because the brakes on his Cadillac failed. Police are looking to see if this is, indeed, what happened. However, because of his advanced age, the incident is bringing up the familiar debate of if there should be a time when an elderly senior citizen is too old to drive. In Massachusetts, please contact our Boston pedestrian injury law firm if you believe that your traffic crash injuries were caused by someone else’s negligence.

While many elderly motorists remain mentally alert and active, there are those that pose a danger to themselves and others every time they are in the driver’s seat. Obviously there is no one size fits all answer to when someone may no longer able to safely operate a motor vehicle. Yet, with people living longer these days and the senior population growing-1 out of every 5 derivers will be a senior citizen by 2030-it is important to acknowledge that at some point, a senior driver might have to give up his/her driver’s license and let someone else take the wheel. This can be tough, as driving is a key to freedom, independence, transportation, and life beyond the home for many people.

August 31, 2012

Chemicals in school supplies may pose health risk for children

by Altman & Altman

With a new school year lingering just around the corner, there may be some questions you want to ask of the stores you shop at for new supplies in the interest of protecting your children from illness, especially about toxic chemicals known as phthalates. A recent report published by a non-profit called the Center for Health, Environment, and Justice (CHEJ) says that high levels of phthalates, some of which have been banned from children’s toys by Congress in 2008, are widespread in children’s vinyl school supplies. Studies have linked phthalates to asthma, birth defects, infertility, obesity, and even a heightened risk of diabetes in women.

Congress’ ban on six types of phthalates officially took hold on January 1 of this year. The chemicals are prohibited from existing in children’s toys and childcare articles in excess of 0.1%. The chemical is developed by Exxon Mobil and noted for its versatility and ability to add resilience as well as flexibility to plastics. Phthalates are also used in the production of certain inks, raincoats, detergents, food packing, and vinyl flooring.

Seventy-five percent of the school supplies tested had been marked for elevated levels of the chemicals. These products included popular Disney, Spiderman, and Dora branded wares such as vinyl lunchboxes, backpacks, 3-ring binders, raincoats, and rain boots. A Dora the Explorer backpack contained phthalates at 69 times the legal level for children’s toys. A Spiderman lunchbox clocked in at 27 times the standard for other children products.
Continue reading

August 23, 2012

Child Injury Risks Prompt CPSC Recalls of CareBears Pacifier, Kickboard USA Scooter, PBTeen Bunk Beds, Babylicious Cloth Crib Fringe, Bumbo Baby Seats, Toysmith Bracelets, and My Clothes Children’s Pajamas

by Altman & Altman

Every month the US Consumer Product Safety Commission recalls products that may pose an injury risk to consumers. While we would like to think that manufacturers and distributors are doing everything to make and sell consumer goods that are free from defects and other safety hazards, this is not always the case. In this blog post, our Boston injury lawyers would like to recap of some of the latest CPSC recalls announced this month over products that pose an injury risk to kids and babies.

CareBears Pacifiers: Importer IDM Group and the CPSC are recalling approximately 119,000 of these pacifiers because they don’t meet federal safety standards. Should the pacifier nipple come off its base, it can pose a choking danger to kids. No injuries have been reported so far. This product was made in China.

Children’s Scooter: Importer Kickboard USA is cooperating with the CPSC to recall about 5,600 scooters. Kids are at risk of suffering laceration injuries should the plastic platform that is over the front wheel base of the scooter break.

July 29, 2012

$500,000 Massachusetts Clergy Abuse Settlement Reached Between Former Williamstown Altar Boy and Two Ex-Springfield Roman Catholic Bishops

by Altman & Altman

A Williamstown man has settled his Massachusetts clergy sex abuse lawsuit against former Springfield Roman Catholic bishops Joseph Maguire and Thomas Dupre for $500,000. The plaintiff, Andrew Nicastro, contended that then-Reverend Albert Graves was able to molest him during the early 80’s because the two defendants did not stop him even though they knew he had abused others boys.

The settlement was reached after the Williamstown sex abuse case had gone to trial. Nicastro, who was an ex-altar boy, contends that Graves molested him at St. Patrick’s Parish between 1982 and 1984. He accused both former bishops of not properly supervising Graves.

In the wake of the settlement, Maguire, 92 and now retired, issued a statement apologizing for Nicastro’s suffering and abuse. Dupre, who retired from his position as bishop in 2004 after allegations surfaced that he also had sexually abused altar boys, has not issued a statement.

Clergy Sexual Abuse
While no amount of money can make up for the emotional and psychological harm suffered from being the victim of sexual abuse, there are laws in place that may allow you to hold your abusers or those that looked the other way and/or should have stopped the abuse accountable. With so many victims of Massachusetts clergy sex abuse coming forward in recent years, the Legislature extended the statute of limitations for bringing criminal charges to 27 years (from 15 years). The three year statute of limitations for civil suits involving child sex abuse-three years after the abuse, three years after the victim turned 18, or three years after discovery that psychological or emotional injuries were because of the abuse-has remained the same.

Last week, however, the House passed a bill extending the deadline to file a civil claim for Massachusetts child sex abuse to until the victim reaches the age of 43. While the measure would only impact future claims it would also give plaintiffs that haven’t been able to bring their lawsuits because of the current statute a year to file a retroactive case. Under the bill, however, entities or businesses couldn’t be blamed for the abuse unless gross negligence is proven.

The Protection from Sexual Predators Act of 2011 (PDF)

House bill would extend deadline for filing child sex abuse claims, Boston.com, July 26, 2012

Andrew Nicastro announces $500,000 settlement in civil lawsuit against two retired Springfield bishops, MassLive, July 27, 2012

More Blog Posts:
Massachusetts Child Sex Abuse Allegations Lead to Charges Against Former Newton Teacher and Woburn Little League Coach, Boston Injury Lawyer Blog, February 10, 2012

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 2011 Continue reading

July 20, 2012

Following “The Dark Night Rises” Shooting Tragedy, Some Movie Theaters Ramp Up Security

by Altman & Altman

Some movie theaters have heightened security, in the wake of this morning’s deadly massacre at a Colorado multiplex. The shooting, which took place during the premiere at “The Dark Knight Rises” at the Century 16 Movie Theater in Aurora, left at lest 12 people dead and 59 others injured. Young children, including one infant, and adults, were among the victims.

At Altman & Altman, LLP, our Boston injury lawyers are watching the aftermath of this tragic incident along with the rest of the nation. It is horrible for such a senseless event to mar what should have been a fun, memorable event for moviegoers.

The suspect, 24-year-old James E. Holmes, is accused of entering the theater through an emergency exit while brandishing multiple weapons. He fired on the unsuspecting audience shortly after the movie began. Holmes, who did not resist arrest afterwards, is said to have told police he was the Joker, the notorious villain from the last Batman movie.