Children's Injuries

July 6, 2012

Boating Accident During Independence Day Celebrations Kills Three Children

Now that summer is here, more people will be going out into the water, which will increase the likelihood of both Massachusetts boating accidents and drowning deaths happening. Throughout the state, our Boston injury lawyers at Altman & Altman LLP represent victims who have been injured or families that have lost loved ones in both types of incidents. Your initial case evaluation with us is free.

Boating accidents can occur for many reasons, although the most common kinds of Massachusetts boating accidents involve boats colliding with other vessels or a fixed object, falls overboard, flooding, and water skiing accidents. Common causes include operator inattention, reckless/careless operation, operator inexperience, speeding, alcohol, and passenger/water skier misbehavior. Boating accidents may involve recreational boats, cruise ships, and US navy vessels. Civilians or maritime workers may be involved.

One recent tragic boating accident that made national headlines this week involved a yacht in Long Beach, New York on July 4. The 34-foot 1984 Silverton vessel, which was carrying over two dozen passengers, capsized on its way back to shore on Wednesday night. Many of the passengers ended up in the 21-feet deep waters, but Victoria Gaines, 8, Harlie Treanor, 11, and David Aureliano, 12, drowned because they were trapped in the cabin.

Officials are trying to determine what caused the boating accident. Some of the possibilities they are considering: the yacht was overcrowded, suffered a mechanical failure, or was hit by a powerful wake from the other boats.

3 Children Die After Yacht Capsizes, The Wall Street Journal, July 5, 2012

Boating Safety Resource Center, US Coast Guard

More Blog Posts:
Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship, Boston Injury Lawyer Blog, January 30, 2012

Alcohol Allegedly a Factor In Hull, Massachusetts Boating Accident that Caused Winthrop Woman to Sustain Fatal Head Injury, Boston Injury Lawyer Blog, September 15, 2011
US Coast Guard Reports 9 Massachusetts Recreational Boating Accidents in 2007,
Boston Injury Lawyer Blog, September 4, 2008 Continue reading

June 28, 2012

Dartmouth Car Accident Involving Allegedly Drunken Neighbor Injures 4-Year-Old Boy in Yard

by Altman & Altman

4-Year-Old Cole Michael Kelly was rushed to the hospital on Wednesday after he was struck by a vehicle that crashed into his backyard where he was playing. The car’s driver, Pedro Roias, is his neighbor. The 64-year-old motorist has been arrested on drunk driving charges in the Dartmouth, Massachusetts motor vehicle crash.

According to police, Roias drove his car, a 2000 Dodge Caravan through the “stockade style fence” and ran ran over Kelly yesterday afternoon. Roias then stayed in his auto with the engine still on until someone turned it off.

He pleaded not guilty to several charges, including assault and battery involving dangerous weapon and DUI of liquor resulting in serious injury to the body. Meantime, Kelly has been released from the hospital and he is recovering at home.

June 25, 2012

Preventing Massachusetts Child Injuries: Rising Temperatures a Reminder to Make Sure Not to Leave Kids in Cars Alone

by Altman & Altman

Leominster authorities are charging Fitchburg resident Ruth Allende with reckless child endangerment after she allegedly left a 5-month-old baby locked in her car in 80 degree weather while at The Mall at Whitney Field in on Sunday.

The infant, who is Allende’s relative, was spotted alone in the vehicle and mall security forced the vehicle doors open to get her out. Police say that Allende made a scene when she saw her vehicle and she claimed that she didn’t leave the girl in the car but that she had lost her in the mall. The baby was taken to a hospital where doctors found that she was unharmed.

Children, Cars, and Hyperthermia
While it was fortunate that the child was not hurt, leaving babies and young children locked in a car-especially in hot weather-can prove catastrophic, even fatal. Our Boston injury lawyers represent families with Massachusetts injuries to minor lawsuits and we are familiar with the serious injuries that can result from hyperthermia (also known as heatstroke) injuries involving kids and cars.

Children bodies are prone to overheating easily (kids under age four are the ones most likely to sustain a heat-related ailment). Should temperatures outside a vehicle hit the low 80’s, even if the window has been rolled down a couple of inches, the temperature inside the car can hit fatal levels in just minutes

The National Highway Traffic Safety Administration reports that according to the San Francisco State University Department of Geosciences, in 2011 there were 33 child deaths from hyperthermia. There were at least 49 child heatstroke fatalities the year before. There are also many children that suffer hyperthermia-related injuries (including blindness, permanent brain injury, and hearing loss) after being left alone or accidentally locked solo in cars.

Fitchburg woman accused of leaving infant in hot car while she was inside Leominster mall, The Boston Globe, June 25, 2012

Heatstroke, Kids and Cars
NHTSA Joins Florida Safety Advocates to Highlight Dangers of Child Heatstroke in Hot Cars, NHTSA, June 13, 2012

More Blog Posts:
Three Pit Bull Terriers that Injured 9-Year-Old in Pittsfield, MA Dog Attack Declared ‘Vicious”, Boston Injury Lawyer Blog, June 14, 2012
Products Liability: Massachusetts Manufacturer is One of Several Companies to Issue May Recalls to Prevent Child Injuries, Boston Injury Lawyer Blog, May 28, 2012
Are Massachusetts Schools Doing Enough to Prevent Student Violence?,
Boston Injury Lawyer Blog, February 29, 2012 Continue reading

June 14, 2012

Three Pit Bull Terriers that Injured 9-Year-Old in Pittsfield, MA Dog Attack Declared ‘Vicious”

by Altman & Altman

Three pit bull terriers have been placed under quarantine after a Pittsfield, Massachusetts dog attack that sent a 9-year-old boy to the hospital. Perrin and his mother Jessyca Petell were entering their multi-family residence on Monday night when the dogs ran at him in a common area. The pit bulls belong to another resident.

Perrin sustained 35 nail and teeth puncture wounds to his face, head, and arms, and a portion of his scalp (about 3-inches by 3-inches in size) was torn off. Per state law, Pittsfield Police Chief Michael Wynn declared the dogs vicious and said they must be “disposed of.” The pit bulls’ owner has 10 days to appeal.

Massachusetts Dog Attacks

May 29, 2012

Two-Year-Old Falls Three Stories, Survives

by Altman & Altman

A two-year-old girl is reportedly in good condition after falling three-and-a-half stories from a window of her Chelsea home. A police spokesman commented on the incident Monday night after the girl had been transported to Massachusetts General Hospital and was reported to be recovering from nonlife-threating injuries.

Chelsea Police Captain Keith Houghton said emergency responders arrived at the scene where the girl fell from a window and quickly ascertained that the incident appeared to be an accident. In a statement, Houghton said that the girl had been playing on a bed abutting the window and fell backward into a rear alley behind the house.
Continue reading

May 28, 2012

Products Liability: Massachusetts Manufacturer is One of Several Companies to Issue May Recalls to Prevent Child Injuries

by Altman & Altman

Aqua-Leisure Industries Inc., a manufacturer based in Avon Massachusetts, is recalling about 40,000 First Fitness® Trampolines with Handlebars over concerns that they pose a fall hazard to kids. According to the Consumer Product Safety Commission’s Web site, metal fatigue can lead to the handlebar coming off the trampoline, potentially posing a laceration hazard due to any exposed metal surfaces, as well as a fall risk to children. The child-size trampolines are sold only at Toys “R” Us stores. So far, there are no reports of child injuries related to these safety issues.

Our Boston injury lawyers represent children and their families over serious injuries sustained from a defective product. Our Massachusetts products liability law firm understands how upsetting it can be to find out that a product made for kids is actually a danger to them. Altman & Altman LLP is not afraid to go after a large manufacturer for our clients’ financial recovery.

May has been a busy month for the recalls of kids’ products. Five major retailers agreed to stop selling Tots in Mind Crib Tents and Play Yard Tents because they can pose a strangulation and entrapment hazard to babies and toddlers. They child products are linked to one brain injury, one death, and other injuries.

April 27, 2012

35 Pool Portable Deaths Involving Kids Under Age 5 Reported Every Year, Says CPSC

by Altman & Altman

With the weather expected to warm up in the coming months, many kids are eagerly awaiting the day when they will be able to rush out and jump in the pool. While swimming is a lot of fun, it can also be dangerous, and our Boston injury lawyers have helped children and their families recover compensation for injuries and deaths resulting from a Massachusetts drowning.

While grownups can often anticipate the risks involved for kids when swimming in a regular pool, hot tub, or beach, portable pools can be just as dangerous. According to the Consumer Product Safety Commission, it receives reports of about 35 child swimming deaths involving kids younger than 5 in portable pools every year. That’s 11% of all pool drowning deaths for that age group.

It is the responsibility of the person who owns or oversees a pool to make sure that the kids using it are safe. It doesn’t matter whether it is a small blow-up pool or one that can contain thousands of gallons of water. It takes just a few inches of water for someone who has submerged his/her face in it to drown. A child who survives a Boston drowning accident may be left with a traumatic brain injury, severe disabilities, or other injuries.

Child drownings can happen when the pool is inadequately supervised. This may mean that there wasn’t an adult present that knew how to swim at the pool or the portable pool containing water was left easily accessible to kids when no grown ups were around. Placing a cover on the pool, fencing it in with a barricade high enough that children can’t get in, or locking up the portable pool are some ways to prevent accidental drowning.

Drowning is Silent: Portable Pools, CPSC, April 24, 2012

Unintentional Drowning: Fact Sheet, CDC

More Blog Posts:
Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyer Blog, April 12, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2012

13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010 Continue reading

April 16, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

by Altman & Altman

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

More Blog Posts:
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

April 6, 2012

How to Prevent Boston Child Deaths by Heatstroke

by Altman & Altman

With the summer months approaching, it is important to remember that leaving a child in a car for an extended period of time can result in hyperthermia, which can lead to death by heatstroke. While it may seem common sense for a driver to make sure that no one is left in a vehicle, forgetfulness or distraction has been known to cause this tragic accident to happen.

In 2011, there were at least 33 child heatstroke deaths involving motor vehicles reported. There were at least 49 child hyperthermia fatalities in 2010. Numerous children have also survived heatstroke in hot vehicles only to suffer from blindness, hearing loss, or permanent brain injury as a result. Our Boston injury lawyers represent families whose children were hurt or died because of another party’s negligence. Remember that the person or entity responsible doesn’t need to have purposely intended to cause the injury or death.

Sometimes, a child ends up locked in a car because the vehicle was left unlocked and he/she managed to enter it while unsupervised. A harried parent may simply forget. There have also been reported incidents of transport vehicle professionals, such as the driver of a day care van, mistakenly thinking that all of the child passengers have been safely deposited at the facility or back home and failing to notice a sleeping toddler in the back seat.

To prevent Massachusetts heatstroke deaths, the National Highway Traffic Safety Administration wants to remind you to:

• Never leave a child in a vehicle without supervision.
• Always check all the seats before locking the door and walking away.
• If a child is being transported to a childcare provider, make sure that provider knows to notify you if your son/daughter fails to make it there unless you’ve already let them know that he/she will be absent.
• Put your purse or briefcase or laptop in the back next to your child so that you have an extra reason to look back before you get out of the car.
• Lock the vehicle so that a child can’t enter and accidentally get locked in without anyone’s knowledge.

NHTSA Unveils Campaign to Prevent Child Heatstroke Deaths in Cars, NHTSA, April 3, 2012

More Blog Posts:
Are Massachusetts Schools Doing Enough to Prevent Student Violence?, Boston Injury Lawyer Blog, February 29, 2012

Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

February 29, 2012

Are Massachusetts Schools Doing Enough to Prevent Student Violence?

by Altman & Altman

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012
Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011 Continue reading