Children's Injuries

December 12, 2008

Two Middleborough Teens Killed in Massachusetts Car Accident

Two Massachusetts teenagers died in Middleborough on Thursday after the 18-year-old driver lost control of his car and struck a tree. Driver Joseph W. DeYoung and his 17-year-old passenger, Brian McMahon, died from their injuries. DeYoung had just earned his driver’s license on December 2.

Middleborough police says wet roads, driver inexperience, and speeding contributed to the fatal Massachusetts car crash, which occurred early in the morning on Purchase Street as the teens were headed to school. An initial investigation into the crash indicates that DeYoung lost control of the car. The two Middleborough high school teens were pronounced dead at the accident site.

NHTSA Young Driver Facts
– In 2006, there were 13 million young, licensed drivers, 15 – 20 years-of age, in the United States.
– In 2007, 6,982 young drivers were involved in deadly motor vehicle crashes.
– Motor vehicle accidents is the number one killer of people, ages 15 – 20.
– 3,174 drivers, ages 15-20, died in auto crashes last year.
– 252,000 were injured.
– 1,631,000 young drivers were involved in the 10,524,000 auto crash incidents that were reported to police.
31% of young drivers that died in traffic accidents last year had consumed alcohol.
–

In Massachusetts:
– 83 people died in Massachusetts motor vehicle crashes involving young drivers last year.
– 36 of the victims were young drivers operating one of the vehicles.
– 28 of the fatalities were occupants of vehicles driven by young drivers.
– 16 of the people that died were riding in other vehicles.
– 3 of the victims who died were not riding in any vehicles.

On their way to school, two teens die in crash, Boston.com, December 12, 2008
Young Drivers, 2007 Traffic Safety Facts, NHTSA

Related Web Resources:

A Comprehensive Approach to Teen Driver Safety

Statistics About Teen Drivers, Mass.gov Continue reading

December 10, 2008

Leading Causes of Child Deaths Are Also Common Causes of Personal Injuries and Wrongful Deaths

by Altman & Altman

Unicef and the World Health Organization say that 830,000 children are killed around the world in accidents. Their report, the World Report on Child Injury Prevention, is the first report to gather all known information on child injuries and deaths around the globe.

The report’s estimates are acknowledged to be broad because so many poor countries are unable to collect many health statistics. The findings also take into account that there are many children who are injured or killed without receiving medical care.

According to the report, the most common causes of fatal child injuries around the world include:

• Motor vehicle accidents
• Burn injuries • Drowning accidents • Fall Accidents
• Poison
Other common causes of death include murder, serious illnesses, diseases, childbirth, and abortion.

The United Nations is encouraging governments to require safety measures, such as pool fences and bicycle helmets, that could save thousands of kids’ lives each year. The UN Children’s Fund and WHO report says use of lifejackets, childproof medicines, window guards, and smoke alarms, could also save many lives.

In the United States, according to the Centers for Disease Control and Prevention, 12,175 children are killed in accidents each year:

• US motor vehicle collisions continue to be the leading cause of death for kids 1 year of age or older.
• Suffocation is the number one cause of death among kids younger than 1.
• Drowning accidents is a leading cause of death for kids ages 1 to 4.

CDC injury prevention chief Ileana Arias says making kids younger than 8 ride in booster sides, passing graduated driver’s license laws in more US states, and barring teens from driving with other teens or at night could save lives.

In Massachusetts and other US states, these lists of common injuries and deaths can be grounds for personal injury and wrongful death lawsuits if another party was negligent in causing the motor vehicle crash, burn accident, dog attack, fall accident, suffocation accident, or another injury accident to occur.

Report Sounds Alarm on Child Accidents, NY Times, December 9, 2008
Preventable injuries kill 2000 children every day, WHO, December 10, 2008
Car Crashes, Falls Top List of Accidental Injuries for Kids, US News and World Report, December 10, 2008
Related Web Resources:

Read the World Report on Child Injury Prevention (PDF)

UNICEF
Continue reading

November 2, 2008

Mother and 9-Year-old Son Die in Massachusetts Motor Vehicle Accident While Trick-or-Treating

by Altman & Altman

In Westfield, a mother and her nine-year-old son died on Halloween Night when they were struck by a car while trick-or-treating. Roberta A. Salois, 47, and Steven X. Smith-Salois were crossing the street when the deadly Massachusetts motor vehicle crash happened on South Maple Street, which is also called Route 202.

Steven was wearing a Batman costume that night. After the accident, he was taken to Baystate Medical Center in Springfield where he was pronounced dead. Roberta was pronounced dead at Noble Hospital.

The driver of the 2005 Toyota that struck Roberta and Steven is 25-year-old Westfield resident Anne R. Schlichtig. She was not injured in the traffic accident, and no charges have been filed against her. Westfield police, however, are continuing to investigate the deadly crash.

According to witnesses that saw the accident scene, the street was littered with candy and Steven’s shoes, which had come off during the pedestrian accident. One neighbor says that traffic was moving rapidly on South Maple Street that Friday night.

According to the National Highway Traffic Safety Administration:

• Out of the 4,654 pedestrian deaths last year, 306 of these fatalities were children, age 14 and under.
• 187 of these kids were boys.
• 18% of the kids belonging to this age range that died in traffic deaths were pedestrians.
• 14,000 of the 70,000 pedestrians that sustained injuries last year were age 14 or younger.
• 8,000 of the kids in this age range who got hurt were boys.
• 80% of children pedestrian deaths occurred at non-intersections.

Driver Kills Mother, Son, Out for Halloween, Boston.com, November 2, 2008
Family, friends in grief after Halloween tragedy, Boston.com, November 2, 2008

Related Web Resources:

2007 Traffic Safety Facts: Children, NHTSA
Pedestrian and Bicycle Information Center
Continue reading

October 29, 2008

8-Year-old Boy Dies After Accidentally Shooting Himself with Machine Gun at Massachusetts Gun Show

by Altman & Altman

Massachusetts state troopers are investigating the circumstances surrounding the accidental shooting death of 8-year-old Christopher Bizilj at a gun show in Hampden County over the weekend. Bizilj was attending the Machine Gun Shoot and Firearms Expo, an annual event at the Westfield Sportsman’s Club, when he accidentally shot himself in the head with a 9mm micro submachine gun.

A certified instructor was supervising the boy when the tragic accident happened. Christopher’s older brother and dad were also with him. According to police, Christopher lost control of the weapon during the recoil. It was the first time the 8-year-old had shot a fully automatic machine gun.

In Massachusetts, it is legal for a child to fire a gun if he or she has parental or guardian consent and is supervised by a certified instructor. Hampden County District Attorney William Bennett however, has said that he hasn’t found any law that would let a young child own or shoot a machine gun. He is trying to find out whether letting Christopher fire the gun violated Massachusetts’s firearms statute.

State troopers have started interviewing people associated with the shooting to see if anyone acted wantonly and recklessly, allowing the tragic accident to happen. An attorney for the Brady Campaign to Prevent Gun Violence believes that Massachusetts law makes it illegal to provide a machine gun to anyone under 18.

Christopher will be buried during a private ceremony tomorrow.

State probes gun death, BostonHerald.com, October 29, 2008
DA: Criminal charges possible in boy’s Uzi death, BostonHerald.com

Related Web Resources:

Chapter 140, General Laws of Massachusetts
‘Micro Uzi’ fires 1,700 per minute, Boston Herald, October 28, 2008

Premises Liability and Wrongful Death
If your loved one was killed at an event on a public or private premise because of what you believe may have been the responsible party’s negligent or careless actions, you and your family may be able to file a Massachusetts wrongful death claim against all negligent parties.

Premise owners and event supervisors are supposed to make sure that there are no dangerous conditions on a premise that could cause injury or harm to visitors. In the event that there are dangerous conditions on a premise, safety precautions must be put in place and patrons must be made aware that the hazards exist. Otherwise, an injured party may have grounds to file a premises liability lawsuit.
Continue reading

August 8, 2008

Bill Banning Lead and Phthalates in Kids’ Products Now Goes To President Bush

by Altman & Altman

A bill banning lead and six kinds of phthalates has been sent to US President Bush. The bill, called the Consumer Product Safety Improvement Act, was passed by both the House and the Senate last week-both times by overwhelming majorities. Despite objections by the Bush Administration to parts of the bill, the President is expected to sign it.

The bill bans virtually all lead in products made for kids 12 years of age and under. The call for tougher lead standards comes in the wake of the 45 million plus toys and kids products that have been recalled since last year, with many of the products manufactured in China containing excessively high levels of lead.

Exposure to too much lead can seriously affect a child’s development. Side effects can include hyperactivity, inattentiveness, learning disabilities, hearing problems, physical development problems, permanent brain damage, and death.

The bill bans six kinds of phthalates from kids’ products. While phthalates, often found in baby bottles and other products with plastic, cannot be verified as posing any definite harm to humans, animal tests have shown that the chemicals could potentially trigger early puberty in females and cause genetic defects in males.

Other provisions in the bill include:

• Doubling the Consumer Product Safety Commission’s budget to $136 million by 2014.

• Providing workers that report product dangers with whistle-blower protections.

• Strengthening all-terrain vehicle regulations, including banning three-wheel ATV’s.

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today.com, August 1, 2008
Congress sends Bush bill banning lead in toys, AP, July 31, 2008

Related Web Resources:

Consumer Product Safety Commission

Consumer Product Safety Improvement Act of 2008 (PDF)
Continue reading

March 31, 2008

Former Children’s Hospital Boston Pediatrician Is Sued For Sexual Abuse And Medical Malpractice

by Altman & Altman

In Suffolk County Superior Court in Massachusetts, an unnamed plaintiff has filed a medical malpractice lawsuit suing pediatrician doctor Melvin D. Levine for sexual assault, battery, and abuse from 1980 to 1985. This is not the first time that Dr. Levine has been accused of sexual abuse by a former patient.

Several men have stepped forward claiming that the doctor sexually abused them at Children’s Hospital Boston when they were boys. At least four of the men are suing him in court. All of the men describe similar incidents of being abused by the doctor during medical examinations.

In this latest lawsuit, John Doe No. 5 says that Levine conducted unnecessary physical exams on him when he was a boy and engaged in acts of sexual assault, including masturbation and genital touching. He is also accusing Dr. Levine of making threats to assault him and trying to engage in other acts of sexual assault. The plaintiff says that he repressed the sex abuse memories for years until he took his own son to the doctor for the exam.

March 8, 2008

Series of School Bus Accidents Raise Issues of Children’s Safety

by Altman & Altman

A recent string of school bus accidents across the United States have caused parents to question the safety of the transportation vehicle normally considered the safest type of transportation for school kids.

Just this week, three people were injured, including one student on Friday near Zoarville, Ohio, when a school bus was involved in a multi-vehicle collision.

On Monday, a Georgia school bus carrying 27 junior and high school students overturned on the drive to school. 11 children were taken to the hospital for medical attention. Injuries included back and neck injuries.

On Tuesday, in Harrisonburg, Virginia, 28 people suffered injuries in a multi-crash collision involving a car and two school buses because the 70-year-old bus driver of one of the buses ran a traffic signal.

Last month, four students died and 14 people were hurt in Minnesota when a school bus struck a van and then a pickup truck before tipping over.

On February 27, five junior high school students were seen by hospital staff because they were involved in a rollover collision that occurred because the driver turned the bus too fast.

The National Highway Traffic Safety Administration says that 25.1 million kids ride 474,000 school buses to and from school throughout the United States. In 2005, 8,000 children sustained injuries in a school bus accident. Some 17,000 kids are treated in emergency rooms because of school bus crashes.

Common causes of school bus-related injuries include:

• School bus crashes • Kids getting off the bus and being struck by the bus or an approaching motor vehicle • Children slipping and falling on the buses • Kids getting hurt when the driver steps on the breaks or turns to quickly

Common causes of school bus accidents:

• Speeding • Driver inattention • Driver inexperience • Lack of driver training • Poor road conditions
Federal law does not require that school buses provide seat belts for kids.

3 injured in TV school bus, car collision, Timesreporter.com, March 7, 2008
Concerns for Kids’ Safety on the Rise After Spate of Yellow Bus Accidents, FoxNews.com, March 5, 2008

Related Web Resources:

National Highway Traffic Safety Administration

National Coalition for School Bus Safety
Continue reading

February 7, 2008

8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car

by Altman & Altman

8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler’s vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems • Visual problems • Drowsiness • Brain impairment • Dementia • The side effects that come from taking prescription medication
Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008
Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008
Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org Continue reading

January 24, 2008

CPSC Recalls Toy Magnetic Construction Sets to Protect Children from Personal Injury

by Altman & Altman

The U.S. Consumer Product Safety Commission and Battat Inc. are recalling 125,000 Battat Magnabild Magnetic Building Systems due to concerns that if young children swallow more than one of the magnets, they may experience intestinal blockages or perforations or even die.

Two sets are affected by the recall: the 180-piece Magnabild Magnetic Building System (BB1431H) and the 293-piece Magnabild Magnetic Building System (BB1502H).

So far, no injuries connected to these toy items have been reported. There have, however, been 16 reported incidents of the smaller magnets falling out of the building pieces.

An earlier recall in March 2006 involving a different magnetic building set brand highlights the hazards that magnetic toys can pose to young children. That recall, involving, all 3.8 million Magnetix Magnetic Building Sets by Mega Brands Inc. was issued after one child died and 34 others were injured.

Magnetic toys can become dangerous to a child if he or she swallows more than one magnet. Once in a child’s intestine, the magnets can be drawn to one another, which can result in blocks or perforations that can be deadly. Young children and toddlers who are prone to put things in their mouths are at highest risk of serious injuries.

In 2007, the CPSC named magnets as one of the five hidden home hazards. Over eight million magnet toys have been recalled since 2005.

Toy manufacturers are supposed to make sure that their toys will not cause injury or death to children. When a defect in the products or in the product design causes serious harm, the manufacturer, distributor, or retailer may be held liable through products liability claims and lawsuits.

Battat Toy Magnet Sets Recalled in the U.S., Reuters, January 23, 2008
New recall of magnetic toys highlights warning on dangers, Consumer Reports.org, January 24, 2008

Related Web Resources:

Magnetic Dangers, Washington Post, April 20, 2007
U.S. Consumer Product Safety Commission
Continue reading

December 3, 2007

Study Reports that Kids Riding ATVs at High Risk of Injuries

by Altman & Altman

The Consumer Product Safety Commission says that 40,400 children were treated for ATV accident-related injuries at emergency rooms throughout the United States in 2005.

According to a study presented by Dr. Cheten Shah of the Arkansas Children’s Hospital, the injuries sustained by children on ATV’s can be potentially disabling. Dr. Shah presented the study’s findings at the annual Radiological Society of North America meeting.

500 children and teenagers that were injured in ATV accidents were examined as part of the study. Here are some of the findings:

• The number of ATV injuries doubled from 1998 to 2006.
• 208 out of the 500 children and teens examined for the study sustained bone fractures as a result of ATV accidents.
• Head injuries-66 bleeding in the brain injuries, 85 skull fractures, and 59 children with brain damage-were also common.
• 12 cases resulted in amputations.
• 6 children died (the study did not include children who died before arriving at a hospital)
• Some of these injuries resulted in permanent damage or disabilities.
• The eyes of two children were so badly damaged that they were removed.
• There were 5 spinal cord injuries and 21 spinal fractures.
• 70 kids sustained injuries to the liver, spleen, pancreas, or kidneys.
• 36 children sustained lung injuries.

The youngest child examined for the study was a 6-month-old who rode the ATV while his mother drove. The toddler sustained a thigh injury. The youngest driver, a 2-year-old, lost four toes. Another 2-year-old driver experienced severe brain hemorrhaging and now has a permanent disability.

The American Academy of Pediatrics is recommending that kids younger than 16 years of age not be allowed to operate or ride an ATV. Experts say children lack the coordination skills to operate an ATV safely. Supporters of ATV riding, however, claim that ATVs are safe for use by children if they wear the corrective protective gear and are supervised properly.

If your child was injured because of a defective or dangerous product, you may have grounds to file a products liability claim or lawsuit. The manufacturer of any product is required to warn users of any known hazards that can result in injury to death. “Failure to warn” can also be grounds for a products liability claim.

Experts: ATVs not safe for children, USA Today, November 26, 2007
Doctor warns ATVs not safe for children, Arkansas Democrat Gazette, December 3, 2007

Related Web Resources:

Massachusetts Recreational Vehicle Safety Laws

All-Terrain Vehicle (ATV) Safety, NSC.org Continue reading