Children's Injuries

October 22, 2014

Two Young Women Sue Website in Boston for Sex Trafficking

Two young women are suing Backpage.com after they became the victims of sex trafficking. Their Massachusetts lawsuit, filed in Boston is accusing the company of setting up a business model that enabled child sex trafficking in the U.S. The plaintiffs’ lawyers describe Backpage.com as a website that carries advertisements for illegal commercial sex.

One of the plaintiffs says that sold for over 1,000 times in 18 months when she was 15 and 16 in ’12 and ’13. The other girl says she was trafficked as a teen between ’12 and ’13. The two girls were purportedly trafficked in separate “stables” of girls who were moved to different cities, including Boston, other Massachusetts cities, and Rhode Island.

The plaintiffs claim that Backpage.com and parent company Camarillo Holdings LLC violated the Massachusetts Trafficking Victims Protection Act of 2010 and the Trafficking Victims Reauthorization Act of 2008. They also are accusing the defendants of succeeding in purposely becoming a lead player in the online sex trade and making misrepresentations to non-profits and law enforcement to make it appear as if the website was trying to get rid of the child sex traffic ads when that wasn’t the case.

October 11, 2014

CPSC Votes to Make Mandatory Standards for Window Covering Cords

by Altman & Altman

The U.S. Consumer Product Safety Commission has voted to start a rulemaking process that would protect kids from the strangulation hazard that comes with window coverings with exposed or dangling cords. October is Window Covering Safety Month.

A child’s neck can get caught and tangled up cord, resulting in strangulation or suffocation. Some children that are lucky enough to survive such an incident are left with permanent brain injuries.

According to the CPSC, between ’96 and ’12 approximately 184 young children and babies died from window cord strangulation. There were over 100 non-fatal strangulation accidents involving the cords of window shades and blinds during that time period, with 1,590 kids needing medical care because of incidents involving these products.

August 21, 2014

Two Young Girls Rushed to Hospital After Yarmouth Swimming Accident at Cape Cod Hotel

by Altman & Altman

Two sisters, ages 9 and 12, were flown to Children’s Hospital in Boston after they were pulled from the bottom of an indoor swimming pool at the Bayside Resort in Cape Cod. Witnesses say that the girls were rescued from the Yarmouth, MA near drowning accident after family members and guests noticed they were in trouble.

An uncle was supposed to be supervising them when the swimming accident happened. There was no lifeguard on duty at the time.

The two girls, who are from New York, were in Yarmouth on vacation. As of Wednesday night, police were reporting that the sisters were in serious to life threatening condition.

August 13, 2014

Back-to-School: Drugs and Alcohol

by Altman & Altman

With the school year only a few weeks away, we can’t help but think about the myriad of cases on schools and school-aged children that we have defended these 50 years at our family-serving legal office. Being parents, we would like to offer some safety advice, with the hope that this new academic year turns out to be an enjoyable and enriching experience.

Recently Gov. Patrick declared a public health emergency in Massachusetts for the rapidly growing opioid addiction rates. From 2000 to 2012, the number of unintentional opioid overdoses rose by 90%. In the state, a person who consumes opioids is three times more likely to die than a drunk driver. Undoubtedly, this has raised concern among parents about the availability of opioids and other drugs at schools and popular places where children come together.

The law aims to limit access to drugs by minors. According to the Controlled Substances Act, it is illegal to sell, consume or possess drugs, drug paraphernalia including tobacco rolling papers or alcohol within 300 feet of schools, whether public or private, up to secondary school. In 2011 Gov. Patrick tried to reduce this space to 100 feet, though thankfully, without success.

Based on the reported cases in Massachusetts, in 2012 marijuana and alcohol were the most popular drugs among teenagers younger than 18, and also the substances for which they most often sought treatment. Most teenagers start using these substances before reaching high school: the mean age of first alcohol use was 13.2 years, while for marijuana, it was 12.8 years.

How does the law limit access and possession of these substances by minors?
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August 13, 2014

Two costly fires in Springfield on Saturday due to household appliances: a reminder on fire safety

by Altman & Altman

On a single Saturday, two house fires broke out in Springfield, both due to electrical and heating appliances left unattended. On the morning of August 9th at 653 State St, a fire started in a bedroom of an apartment complex, when an electric iron was heated and left unattended on a bed, blazing the bed sheets and mattress before spreading into the rest of the room. Fire Commissioner Joseph Conant said that when they arrived, “the room was gutted by flames.” The family whose apartment caught on fire and a neighboring family were evacuated from the complex.

On Saturday also but in the afternoon another fire was reported at the apartment complex on 119 Ashley St. The residents left a curling iron on, which then burned through the counter and set fire to the bathroom. Damages are estimated at $10,000 and $15,000. No injuries were reported, though the two occupants were displaced to a different apartment complex.

The two similar incidents remind us all to be wary of potential fire hazards at our homes. Unfortunately, house fires are very common in the United States. Between 2007 and 2011, the National Fire Protection Agency reported 366,600 house fires. The resulting financial and personal consequences cannot be ignored. During this time frame, on average, seven people died in U.S. home fires every day; indeed, most fire-related deaths happen at home.
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August 9, 2014

Parents File Wrongful Death Lawsuit Against Massachusetts-Based Care.com and Babysitter

by Altman & Altman

The parents of baby Rylan Koopmeiners are suing Waltham, Massachusetts-based Care.com and babysitter Sarah Gumm for wrongful death. The 3-month-old baby died while under Gumm’s care at her Illinois home in 2012. The couple found her through the website.

Gumm, who is behind bars, is charged with first-degree murder in the tragic incident. She allegedly caused the fatal injury that killed Rylan. .

Reggan and Nathan Koopmeiners are accusing Care.com, a caregiver screening website based in Massachusetts, of failing to disclose that Gumm had a prior record, which included two drunk driving citations. The couple said the site was supposed to do a background check on her.

July 31, 2014

Another Hot Car Victim: A Somber Reminder to All Parents

by Altman & Altman

A Southern California boy died tragically yesterday after becoming trapped in his family’s car.

The 3-year old had apparently climbed into the unlocked car during the afternoon hours while he was playing alone in the front yard. The car door had shut and the boy was unable to get out. Both of his parents were home at the time; his father found him after he had awoken from a nap. It was unclear how long the child was alone in the hot car. The child was rushed to an area hospital but sadly, had already passed away.

This tragic incident is just another stark reminder, to all parents with young children, of the importance of knowing where your children are and what your children are doing at all times. This child’s death, according to San Francisco State University, marks the 19th hot-car death this year. In 2013, the number was 44-and approximately 625 children in the United States have died this way since 1998.

“It’s reasonable to call this an epidemic,” says memory expert Dr. David Diamond, a scientist at the Veterans’ Hospital in Tampa, who is often consulted on such cases. “It happens, on average, once a week from spring to early fall.”

According to SFSU’s report, an examination of media reports revealed about the 606 child vehicular heatstroke deaths for an fourteen year period (1998 through 2013) shows the following circumstances:

• 51% – child “forgotten” by caregiver (312 Children)
• 29% – child playing in unattended vehicle (177)
• 18% – child intentionally left in vehicle by adult (111)
• 1% – circumstances unknown (6)

With the summer still in full force, we at Altman & Altman, would like to send a friendly reminder to all parents of how serious this problem is and offer some helpful tips (compiled from WebMD) to keep your children safe while the weather is still hot.
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June 20, 2014

Stern Warning to Parents as Summer Nears

by Altman & Altman

Summer in New England brings welcome sunlight and warmer temperatures. Longer days are spent outside by children and adults alike. Rising temperatures also bring with them a whole host of dangers, especially for children. Parents take extra precautions with their children around the pool, by the beach, and during sports, but one hidden threat remains a constant issue. A comprehensive study done by the Department of Earth & Climate Sciences at San Francisco State University reveals the number of completely preventable child heatstroke fatalities. The study specifically focuses on fatalities caused by caregivers leaving children in a hot car unattended.

In the year 2013, there were at least 44 related deaths, and in this year alone, there have been at least 13 deaths from heatstroke, and it is only June. With the worst of the summer heat still on the way, parents need to be extra vigilant when it comes to keeping their kids safe. It can be tempting to crack the window and leave children in a hot car for “just a second,” but evidence shows the risk is too great. Depending on sunlight and the interior color of the car, temperatures can reach up to 200 degrees Fahrenheit. Medical professionals urge parents and caregiving to check twice before leaving the car to prevent summertime fun from becoming a tragedy.
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June 18, 2014

Bill Would Give Massachusetts Childhood Sex Abuse Victims 32 More Years to Sue

by Altman & Altman

The Massachusetts House has passed a measure that would extend the statute of limitations for when a victim of child sex abuse can file a civil lawsuit in the state. Currently, victims have until age 21 to file an actions against their alleged assailants or the institutions that should have prevented/stopped the abuse. This bill gives victims until they turn 53 to sue for damages.

The proposed measure would also increase how much time a victim has after recovering repressed memories of Massachusetts childhood sex abuse to file a case. Currently, abuse victims have three years from when they remember. The bill extends that time period to seven years. The legislation now heads to the state senate.

Child sex abuse can lead to lasting scars. Often, children are too scared and confused to understand or even report what has happened to them. It may be years before they remember or want to speak out.

June 10, 2014

Watch Group Warns of Dangerous Summer Toys for Kids

by Altman & Altman

After being cooped up during one of New England’s harshest winters yet, children cannot wait to get outside and play in the warm summer air. Kids are eager to bring out their new toys and expend all their energy in the park until their parents turn the porch light on for dinner at dusk. The last thing any parent should have to question is whether a toy is safe for their child to use, but yet that very thought remains a very real threat. Each year, thousands of children are injured as a result of an unsafe toy or play structure, and parents are left wondering how this could happen with a product they were supposed to be able to trust.

Consumer advocacy group World Against Toys Causing Harm, Inc. (W.A.T.C.H.). estimates that “nearly half of all injury-related deaths in children happen in the summer months.” The group has released their annual summer safety advisory list containing popular children’s toys that could potentially cause harm to kids using them.
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