Articles Posted in Children’s Injuries

The U.S. Consumer Product Safety Commission has approved new mandatory standard to enhance the safety of frame child carriers. The safety standard does not apply to soft carriers and slings, which are subject to different standards.

Between January 2003 and September 4, 2004, the CPSC has received close to 50 incident reports about this child product, including reports of 34 injuries. One incident involved a toddler who sustained a head injury after a frame child carrier fell from a chair.

According to the new standard, a frame child carrier is typically made of fabric placed around a frame that is designed to carry a child weighing anywhere between 16 to 50 pounds. The child typically is too young to sit up without support. The carriers are worn on the backs of caregivers, often when hiking.

The family of sisters Ryeley Beatty, 3, and Brooklyn, 2, are suing Babies R Us and Baby Cache Inc. for wrongful death. The two toddlers died from asphyxiation after a 124-pound dresser fell on them in their home.

According to the furniture defect case, the store sold the dresser, which was a floor model, at a discounted price. The plaintiffs contend that the product did not come with the proper warning labels or instructions and lacked an anchoring device that should have kept it from tipping over.

Per the wrongful death lawsuit, the dresser did not comply with American Society for Testing and Materials standards, including the requirement that they stay upright when opened and 50 pounds is applied to the front of it, such as when a small child tries to climb a dresser. This furniture item should also ideally with a label warning that the dresser is at risk of tipping over or an anchoring strap, which this one lacked.

The parents of Kendrick Johnson are suing over three dozen people and the Georgia city of Valdosta for the 17-year-old’s wrongful death. Johnson died after getting stuck upside down inside a rolled gym mat. Now, his family is seeking at least $100 million.

The teenager’s body was discovered inside the rolled up wrestling mat at his high school in 2013. While a state autopsy report concluded that Johnson died from accidental, positional asphyxia, an independent one, obtained by CNN in September of that year, said that the actual cause of death was non-accidental, blunt force trauma to different parts of the boy’s body. The Lowndes County Sheriff’s Office, however, said that no foul play was involved.

Johnson’s family believes that their son was murdered-as opposed to the finding that he got caught by accident in the gym mat while reaching for a shoe. Their wrongful death lawyers claim that the teenager was “induced” by a female student to go into the school’s old gym. They believe that two former schoolmates, their dad, and another former schoolmate are responsible for Johnson’s death in a violent assault.

The parents of 8-year-old Joshua Kaye are suing Whole Foods Market for his Massachusetts wrongful death. They claim that their son died after eating E. coli-contaminated ground beef purchased from a Whole Foods store in Weymouth.

In their civil case, Andrew and Melissa Kaye noted that federal agents had been at Whole Foods in June to investigate an E. coli cluster but that the store did not issue a recall of its ground beef items until August 15. The Kayes said that testing linked Joshua’s death to the contamination.

In a separate Massachusetts food injury case, the family of John Kocak is suing Applebee’s for the fatal choking incident that claimed the 48-year-old’s life in 2011. Kocak was eating at the restaurant in Greenfield when he collapsed in the bathroom. His father found him unconscious and asked the assistant manager to contact 911. Kocak sustained a brain injury from oxygen deprivation and died days later.

A judge says that Stephen Embry can go ahead with his lawsuit against Harvard University. The 57-year-old Billerica man’s Boston child sex abuse case was dismissed over a year ago, before a new Massachusetts bill extending the statute of limitations for such cases was passed into law.

According to Embry, when he was 12, swimming coach Benn Merritt raped and molested him. The sexual assaults allegedly occurred over 100 times and went on for three years. Embry says the incidents usually took place at the Harvard pool where Merritt was a coach.

He contends that Harvard misled him about how long he had to file a Boston sexual abuse claim, telling him the assaults occurred too long ago. Embry says that the school did not disclose that another claim was brought against it in 1996 involving Merritt. The plaintiff in that case contended that the swim teacher molested him from 1965 to 1970, beginning when he was 11. Merritt killed himself not long after that case was filed. The lawsuit with him was settled. The one against Harvard was dismissed.

A number of ex-students of Fessenden School reportedly intend to file a Massachusetts child sex abuse case against several teacher and their supervisors. The Newton sex abuse incidents allegedly occurred at the all boys boarding school between 1968 and 1976 and involved male victims who were ages 10 to 14 at the time.

It was in 2011 that David B. Stettler, the headmaster of school, sent a letter to faculty, alumni, and parents disclosing that over the past few years, there had been two legal complaints accusing assistant headmaster Arthur Clarridge and his friend of child sex abuse. The plaintiffs said they were ages 10 and 13 respectively when they were sexually violated. One of them settled his case with the school.

In a recent internal probe, the school found out about at least two other alumni who had submitted Massachusetts child sexual abuse complaints involving allegations that would have occurred in the ’70s and 60’s. Other students also made claims that were never officially reported.

The National Highway Traffic Safety Administration is investigating whether Graco Children’s Products Inc. waited too long to recall 6.1 million child safety seats. If the manufacturer did delay the recall of its car seats, it could be subject to a fine of up to $35 million, although now reportedly the White House is trying to get Congress to raise the maximum for that type of violation to $300 million for each incident.

Graco succumbed to government pressure last July, recalling around 1.9 million infant car seats made between 7/10 and 5/13. The safety issue involved buckles that could prove hard to open. This can be dangerous if a child needs to be removed from the child safety device immediately, especially in an emergency situation. That announcement expanded the company’s callback to over 6.1 million car seats.

Earlier in the year, Graco had recalled 3.7 million booster seats and toddler seats that were constructed between ’09- ’13 in the wake of NHTSA pressure. The agency had wanted Graco to recall 5.6 million child safety seats. A month later, Graco recalled another 400,000 car seats. Those were manufactured prior to 2009.

A school district in California has agreed to pay $139 million to resolve the remaining sex abuse lawsuits involving an elementary school teacher. Mark Berndt, a teacher in the Los Angeles Unified School District, was convicted of numerous counts of lewd conduct.

Some 82 students are involved in the settlement, which was arrived at during jury selection of the trial.

According to plaintiffs, Berndt blindfolded the kids and fed them his sperm on cookies. If the child sex abuse trial had gone through, the alleged victims’ lawyers had intended to show evidence suggesting that the district knew of sexual misconduct allegations involving Berndt three decades ago but did not nothing until a pharmacy photo processor notified the authorities that there was film showing the kids blindfolded while eating an unknown substance.

According to a study published in the medical journal Pediatrics, of the 17,230 kids under the age of 6 that were exposed to laundry-detergent pods in the United States in 2012 and 2013, 769 of them were hospitalized. The researchers, from Nationwide Children’s Hospital in Ohio, say that the number of laundry pod exposures increased over sevenfold in April of last year from the year previous. Thirty of the kids fell into comas, twelve went into seizures, and one child died.

Some 80% of the laundry pod market is comprised of products made by Tide. While the small packets are convenient for adults doing the laundry- just take one detergent pod and drop it into the wash, no measuring necessary-these colorful, squishy, small packets that can be mistaken for candy by young children are a poison hazard. Last year, the Consumer Product Safety Commission issued a warning to keep liquid laundry packets away from kids.

Swallowing and inhalation appear to be two main ways that kids are getting hurt. Resulting health issues have included vomiting, throat swelling, unconsciousness, breathing problems, temporary vision loss, and drowsiness. However, even adults are not immune from the risks. Handling the packet with wet hands can cause a laundry pod packet to dissolve fast, releasing the toxic contents quickly.

According to officials, a mechanical issue may have caused the Jeep serving as the Gauntlet Haunted Night hayride vehicle at Harvest Hill Farms to go down a hill at rapid speed, strike a tree, and overturn earlier this month in Maine. 17-year-old Cassidy Charette sustained fatal injuries in the crash. 22 others were injured.

Charette was with seven other students from her high school for their annual hayride when the tragic vehicle crash happened. Among the injured were two with critical injuries, including 16-year-old Connor Garland and David Brown, 54, who was driving the Jeep. Garland was transported to Boston Children’s Hospital. According to Fox News, Brown was hauling a flatbed trailer as part of the ride.

Following the hayride accident, State Police impounded the 1979 Jeep CJ5a. A safety probe was conducted.

Contact Information