Articles Posted in Children’s Injuries

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The issue of child sexual abuse continues to make headlines in the US. This week, the spotlight is on Massachusetts, where an ex-Newton elementary teacher has been charged with allegedly sexually assaulting a child that he babysat and a Woburn Little League coach is accused of committing sex acts via the Internet with boys he met online.

As our Boston injury lawyer blog has mentioned in the past, Massachusetts child sexual abuse is a serious problem that can lead to devastating physical and emotional injuries for victims. You may be able to pursue compensation from the perpetrator and others that may have been involved-even if they didn’t play a direct role in the abuse or assault but could/should have prevented it.

In these latest incidents, David Ettlinger, the 34-year-old former teacher, pleaded not guilty to multiple charges, including those for counts of aggravated indecent assault and battery on a child under the age of 14, child pornography possession, posing a child in a nude state, posing a child in sexual conduct, and secretly recording someone that was partially nude. Prosecutors say that Ettlinger had images of him “indecently assaulting” the victim stored on his computer.

While he had been registered with Sittercity.com, the Boston Globe could not confirm whether he obtained the babysitting job through the service. If he did, depending on other specifics, the alleged victim’s could sue the company for Massachusetts personal injury for allowing David Ettlinger to offer himself as a sitter through its site. Ettlinger recently pleaded not guilty to other Massachusetts child sex abuse charges that are unrelated to this case.

Meantime, Raymond W. McAllister, 20, has pleaded not guilty to child enticement, posing a child in a nude state, and putting out material that could harm a minor. The Little League coach for a boys’ team of 12- to 14-year-olds allegedly admitted to police that he frequented Web sites that were popular with teen boys. He would then allegedly use Skype to persuade some of them to take part in mutual sex activity via the Internet. (According to a State Police report, in addition to Little League coaching duties in the past McAllister has volunteered at a kid’s Bible camp and also teaches Jujitsu to children and young teens)

The Massachusetts sex abuse allegations come just a couple of days after the entire teaching staff at a California elementary school was replaced because two of its teachers were accused of sexually abusing students. The alleged abuse incidents are said to have taken place in classrooms during school hours. One teacher is accused of “playing games” with both boys and girls, binding and gagging some of them, and getting the girls to swallow spoons filled with his sperm.

Woburn Little League coach held on sex charges, Boston Herald, February 8, 2012
David Ettlinger, former Newton teacher, faces new child porn, indecent assault charges; allegedly attacked girl he babysat, Boston.com, February 8, 2012
California: More Sex Abuse Charges, New York Times, February 7, 2012

More Blog Posts:
New England Conservatory Hired Videographer Who Was Convicted Sex Offender, Boston Injury Lawyer Blog, January 17, 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
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer, December 13, 2011 Continue reading

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The New England Conservatory has admitted that it failed to abide by its own policy to protect kids when it hired a vendor as a school videographer and didn’t conduct the request background checks. Although in November 10 the acclaimed school started screening all vendors, in addition to volunteers and staff, it didn’t check Peter E. Benjamin, who had been freelancing at the conservatory for at least 10 years.

The background checks are part of Massachusetts’ new requirements for large institutions that primarily work with children. If conservatory officials had done a check on the 68-year-old, they would have discovered that he served five years in prison for sex abuse and rape during the 1990’s and he is a classified Level 2 registered sex offender. Charges against him involved recording himself in sexual acts with three teenage males and behaving in a predatory manner toward boy adolescents.

Last week, the school e-mailed about 6,000 ex- and current students and their families to let them know that it learned last month that Benjamin was a convicted sex offender. They’ve since fired faculty member Benjamin Zander, who has admitted that he knew about the videographer’s past.

Benjamin, however, has said that he didn’t anything improper or inappropriate.

Schools are responsible for making sure that they people they hire don’t pose any threat to kids and faculty. When failure to take the appropriate actions of due diligence results in a child becoming the victim of a violent crime, the school can be held liable for Boston personal injury.

Massachusetts sex abuse can cause serious emotional, physical, and psychological damage to a child that can haunt him/her for life. Many kids are too scared to immediately report abuse incidents. Some may even repress the memory of what happened for years. (Fortunately, the state allows for adults who come forward later to seek damages for molestation or assault that occurred when they were children as long as it is within three years of discovering that the child sex abuse caused the personal injury.)

School says it failed to check into offender, Boston.com, January 15, 2012

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading

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Six months after River Moore died from liver failure after he was given Children’s Tylenol, his family is suing drug maker Johnson & Johnson for wrongful death. In their dangerous drug lawsuit, they contend that the over-the-counter medication contains too much acetaminophen, which they say caused the two-year-old’s liver damage. The toddler was given the Tylenol for his fever.

Daniel and Katy Moore area accusing Johnson & Johnson of breach of warranty, infliction of emotional distress, recklessness, reckless and willful conduct resulting in death, conspiracy, and other offenses. They are also seeking damages from J& J chief executive officer William Weldon, other company executives, including former J&J Worldwide Chairman Consumer Group Colleen Goggins, three subsidiaries, and the retailers and distributors that dealt with the drug.

The Children’s Tylenol that River was given was part of a batch of medications that J & J recalled the year before. While J & J maintains that doctors, regulators, consumers, and retailers were told about the recall, the Moores believe that the drug manufacturer attempted to keep the recall as low profile as possible and even included a “stealth” strategy that allegedly involved hiring contractors who secretly entered stores that carried the medication and purchased what was in stock to keep public knowledge and dialogue about the safety issues minimal.

Dangerous Drugs
If you or someone you love died because you believe that a drug was dangerous, defective, came with inadequate instructions or warnings, or was inappropriately marketed, you may have grounds for filing a Boston dangerous drug complaint against the manufacturer and others.

Grieving Parents Blast J&J ‘Stealth Recall,’ Courthouse News Service, January 4, 2012
Couple Sues Johnson And Johnson For Death Of Their Son, KvewTV, January 6, 2012

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011 Continue reading

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According to newly unsealed court documents, the parents of Phoebe Prince have settled their Massachusetts civil complaint with the South Hadley Public School District for $225,000. The case was resolved more than a year ago, but the financial figure reached was just revealed after a journalist went through the courts to obtain access to the information. Prince, whose family moved to the US from Ireland in 2009, hanged herself in January 2010 after spending months being bullied by other students at South Hadley High School. The 15-year-old became a target after she dated Sean Mulveyhill. The 18-year-old was the ex-of Kayla Narey, who was one of Prince’s bullies. Even after Prince and Mulveyhill. stopped seeing each other, the bullying continued online and in person.

After her death, Prince’s parents filed a complaint against the school district with the Massachusetts Commission Against Discrimination. Anne O’Brien and Jeremy Prince claimed the district of not doing enough to protect their daughter. The civil settlement was reached in November 2010.

It is the responsibility of school officials to make sure that students are not placed in harm’s way while under their watch. Fortunately, bullying, which has been known to occur at schools, is now being seen as a serious threat to a child’s safety and a potential cause of serious injury or death.

Thankfully, hazing is now also receiving attention as a dangerous activity among students that can cause serious injuries and even death. As our Boston injury lawyers reported in an earlier blog post, last month, police looked into allegations of hazing involving Andover High School students that attended a basketball camp this summer. Two of the participants were allegedly forced to eat a cookie covered in semen. Two other students have since been expelled because of the alleged incident.

Phoebe Prince’s Parents Settled School District Lawsuit for $225,000, ABC News, December 28, 2011
Expulsion, suspensions meted out in Andover hazing case, Eagle-Tribune, December 1, 2011
Bullied girl’s suicide has ongoing impact, MSNBC, December 27, 2011

More Blog Posts:
Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

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According to researchers at UC Irvine’s otolaryngology department, certain toys that are currently “in” may emit noises that hit decibel levels comparable to those made by chain saws or subway trains. This could place a child at risk of suffering from hearing loss. If so, his/her family may have grounds for a Boston products liability case.

10 popular toys were measured for loudness while they were held 12 inches away (approximately the length of a toddler’s arm stretched outward) and when placed next to a speaker. Per the study’s findings, popular toys such as the Tonka Mighty Motorized Fire Engine, T-Pain Mic, and Road Rippers hit decibel levels of 100 or greater. The Sesame Street Let’s Rock Elmo, Marvel Super Shield Captain America, Toy Story Buzz Lightyear Cosmic Blaster, VTech Princess Magical Learning Wand, and the Green Lantern Colossal Cannon Blaster hit decibels levels of 90 or over when placed next to the speaker. When kept 12 inches away, decibel levels for the toys hit the 60’s.

Considering that, according to the American Academy of Otolaryngology, noise higher than 85 decibels can lead to hearing loss (with duration playing a role in impairment) these toys may be cause for concern.

Are the products’ manufacturers warning about the potential for hearing loss? Are they doing enough to minimize the chance of this type of injury? Are they providing proper instructions for how to safely use these toys?

Researchers have recommended that if a toy has to emit sounds from a speaker, then the ones with speakers on the bottom are best. Proper supervision of toys that lack this safety measure, as well as placing tape over the speakers to decrease the sound, are also recommended.

You may have grounds for a Massachusetts products liability lawsuit if a product caused your child to sustain any type of injury. Possible liable parties include the manufacturer, seller, or distributor.

Study: Toys can be too loud, Daily Pilot, December 22, 2011
Noise and hearing protection, American Academy of Otolaryngology
Some children’s toys as loud as a chain saw, UCI study says, Los Angeles Times, December 23, 2011

More Blog Posts:
Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC, Boston Injury Lawyer Blog, December 23, 2011
Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011
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 Continue reading

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According to the Centers for Disease Control and Prevention, a child who underwent a blood vessel transplant at Children’s Hospital in Boston contracted hepatitis C because the donor was infected. The disease was transmitted because of a testing error that occurred at a tissue bank, as well as delays in communication between public health officials and the transplant center. Two other people, who received kidney transplants from the same donor, also became infected. It hasn’t been reported at this time whether the child’s family will be filing a Boston medical malpractice claim.

The CDC’s Office of Blood, Organ, and Other Tissue Safety director Dr. Matthew J. Kuehnert says the infections were “preventable.” He is calling for better testing and a system more quickly able to notify transplant surgeons when there are problems, while tracking organs and tissues. Currently, e-mails, phone calls, and letters are how communication regarding such matters takes place.

As a result, 11 days passed between when one kidney recipient tested positive for hepatitis C and when the CDC was notified. It was during this period that the child at the Boston hospital received a transplant of an infected piece of tissue to fix a heart malformation.

Per the CDC’s report, a worker at the tissue bank made a mistake and marked the donor’s tissue as negative for hepatitis C even though the test results were positive.

Boston Medical Malpractice
As with any surgical procedure, there are risks involved with organ transplants and it is important that the medical team involved have the proper procedures in place, which they should implement, to prevent mistakes that could cause serious injuries and infection. For example, it is crucial that transplant recipients are given healthy organs free from disease or health issues to maximize the chances of a successful outcome. Other common Massachusetts surgical transplant errors include giving a patient an organ that his/her body is not compatible with, performing a transplant procedure without the donor’s consent, and post-operative mistakes.

Hepatitis C This viral disease is a chronic illness that can cause cancer or liver scarring. Infected patients may eventually have to undergo a liver transplant.

Child infected with hepatitis C through transplant at Children’s Hospital Boston, Boston, December 22, 2011
Child Infected With Hepatitis C After Boston Hospital Transplant, WBUR.org, December 22, 2011
Hepatitis C, PubMed Health

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011
Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011
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 Continue reading

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Michael Phillips has filed a Massachusetts child sex abuse lawsuit against the city of Waltham. The 20-year-old says that school officials neglect to look into complaints accusing Robert Dacey of child molestation. This alleged negligence allowed the coach and teacher to abuse more kids.

Dacey would later be charged with 17 criminal counts of child molestation. However, he passed away in 2007 before the case against him could go to trial. Dacey was 49.

Phillips says that Dacey abused him and another friend three times by dressing as a woman and then giving them blindfolded massages. In his Waltham wrongful death lawsuit, Phillips, who was in the 8th grade at the time, accuses Dacey of sexually assaulting him.

He contends that a few years before the alleged molestations, students had already come forward to complain to the principal about Dacey and his sexual misconduct, but that school officials didn’t do anything. Former-Waltham High School principal John Graceffa is also a defendant in Phllipp’s Massachusetts sexual assault lawsuit for allegedly failing to act at the time. The city is a defendant because it gets federal funding through its school department and per Title IX regulations, has to prevent sexual discrimination (and sexual assault).

Suing a School for Massachusetts Child Sexual Abuse
Schools are responsible for adequately supervising the kids who are enrolled there. This includes making sure that the students are not exposed to any dangerous situations or persons that could cause them to sustain Waltham personal injury. Failure to warn of a danger or remove it despite knowledge of its existence can be grounds for a civil lawsuit.

Unfortunately, schools are favorite places for sexual predators to hunt for their victims. Add what seems to be a common case of officials looking the other way as teachers, coaches, or others abuse kids and it is the children that suffer.

The the statute of limitations for civil Massachusetts sex abuse cases is three years from when the act happened or three years from when the victim reasonably should have or did discover that the abuse caused injury.

Lawsuit: Waltham High principal failed to prevent sex abuse, Wicked Local, December 19, 2011
Former student sues city of Waltham for failing to protect him from sexual abuse, Boston.com, December 19, 2011
Massachusetts Law About Child Sexual Abuse

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading

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Police say that a teacher’s assistant at the Harbor Pilot School in Dorchester is facing charges of engaging in lascivious and lewd behavior with a student who is disabled and non-verbal. The school employee has been placed on paid administrative leave. According to MassLive.com, the student, 14, is autistic. The boy’s mother told WBZ-TV says that it was police who notified her that someone walked into a room and saw her son with his pants down.

The issue of child sex abuse has come under intense scrutiny nationally with the arrests of ex-Penn State assistant football coach Jerry Sandusky and recently fired Syracuse University assistant basketball coach Bernie Fine. In Massachusetts, if you believe that your son, daughter, or you were the victim of child sex abuse, do not hesitate to contact one of our Boston injury lawyers to find out whether you have a case.

Unfortunately, as the Associated Press reported four years ago (this was a story that we covered in our Boston Injury Lawyer Blog) sex abuse involving teachers as perpetrators happens more often than we’d like to think. Now, with allegations of sex abuse focused on such high profile athletic coaches, questions are again being raised as to whether schools are doing enough to protect kids.

Sandusky is accused of sexually assaulting a number of boys. He is charged with over 50 counts related to sexual molestation, including child rape. Although his alleged victims were kids he worked with through Second Mile charity and not University students, a number of the incidents allegedly occurred on Penn State property. At least one sex abuse lawsuit has been filed suing Sandusky, the University, and his charity.

Regarding the sex abuse accusations surrounding Fine, one of his alleged victims has already sued the former Syracuse assistant coach for sexually abusing him when he was a child. Today, two other alleged victims, Mike Lang and his stepbrother Bobby Davis, have filed a defamation lawsuit against Fine, the university, and head basketball coach Jim Boeheim. The plaintiffs, who claim that Fine molested them repeatedly when they were kids, are upset that Boeheim accused them of lying about Fine and the abuse.

Alleged sex abuse victims announce lawsuit against Syracuse, CNN, December 13, 2011
Jerry Sandusky Waives Hearing, Suggests Victims May Have Colluded, ABC News, December 13, 2011

More Blog Posts:
$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading

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Police and Andover High School officials are investigating allegations that some of the more senior members of the boys’ basketball team goaded younger players into consuming a cookie that was covered in bodily fluid. The alleged hazing incident is said to have taken place at Stonehill College last summer during an overnight sports camp.

School officials reportedly found out about the alleged incident in October and notified police right away. Since then, Stonehill has severed its connection with Hoop Mountain of Beverly, which ran the camp, for allegedly failing to meet is safety and supervisory duties. Hoop Mountain’s managing partner Greg Kristof maintains that the camp operator did its job and supervised the kids the entire time.

If you believe that your child was injured while under another party’s supervision and negligence played a role in the Massachusetts injury accident, please talk to one of our experienced Boston personal injury lawyers right away. Schools can be held liable if kids are injured while under their watch.

Hazing is the term given to certain initiation processes and rituals. Often, these activities are usually associated with school groups. Unfortunately, hazing has been known to cause serious injuries and even deaths. Schools and the groups involved have been sued as a result.

Just recently, a Florida A & M University drum major, is believed to have died after he was hazed. Robert Champion, 26, was found unresponsive on November 19. He was complaining of not being able to breathe and had been throwing up before he lost consciousness. His family is planning to sue the university for his wrongful death.

While some hazing incidents are harmless pranks, others involve dangerous activities that can lead to alcohol abuse, sexual abuse, physical assault, or other acts that can cause serious injury. In many instances, the person that is being hazed is under pressure to participate.

Andover students ‘disgusted’ by hazing incident, Boston Herald, November 30, 2011
Family Of Dead FAMU Student Prepare Lawsuit, CBS Miami, November 28, 2011
Andover school district confirms hazing incident, WHDH, November 30, 2011

Related Web Resources:

More Blog Posts:
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2011
East Boston Elementary School Evacuated; Smoke in the Basement, Boston Injury Lawyer Blog, December 9, 2010 Continue reading

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Just in time for the holidays World Against Toys Causing Harm, which is based in Boston, has put out its list of 10 worst kids’ toys. The products that made this year’s top 10 include:

Twist ‘n Sort by Guidecraft, Inc.: Small pieces pose a choking hazard to young kids.

Power Rangers Samurai Mega Blade by Bandai: The sword, which flips open, has a toy blade that could cause impact injuries.

Fold & Go Trampoline by The Original Toy Company: Small parts pose a choking hazard. Head, neck, and other bodily injuries can also happen.

Pulling Animal Duck by Haba: Long cord can be pose a strangulation hazard.

School Bus from Schylling: Small pieces are a choking hazard. There is a warning label that comes with it, but it is removable.

Z-CURVE BOW by Zing Toys, Inc.: Arrows can cause eye injuries and may also injure animals.

Stepper “Low Rise” Stilts by JJI Toys: May cause impact and head injuries.

Sword Fighting Jack Sparrow by Jakks Pacific: Small pieces can pose a choking hazard. Plastic sword that activates upward can cause impact injuries. No warning included.

Incredible Shrinky Dinks Maker by Big Time Toys, LLC: Electricity required, which places users at risk of burn injuries and electric shock.

“Gigan” Godzilla Figure by Bandai: Sharp parts increase the chances of impact and penetrating injuries.

Child injuries caused by a toy can grounds for a Boston products liability lawsuit. Manufacturers are supposed to make sure that all kids’ products are designed so that they are safe for use, create a minimum risk or injury, and, if there are any hazards, that warnings are included. Also, toys should be designated for the appropriate age group.

According to the Consumer Product Safety Commission, some 250,000 toy-related injuries in 2009 resulted in visits to hospital emergency rooms. This year, said WATCH president Joan Siff, about 3.8 units of toys were recalled.

U.S. consumer group flags 10 most dangerous toys, Reuters, November 17, 2011
WATCH

More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011 Continue reading

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