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Atlanta personal injury lawyer blog Thursday, March 4, 2010

Georgia Baby Dies in Unlicensed Childcare

A six month old Georgia boy died last week due to an embolism associated with bronchitis. By the time his babysitter took him to the hospital, the baby boy was already dead.

Riverdale Police Chief Samuel Patterson explained to AJC that when the child arrived at Southern Regional Medical Center, his body was already stiff, his lungs full of fluid. Rigor mortis was already setting in before the babysitter sought help. A preliminary autopsy identified the cause of death as an embolism, while a more conclusive report was pending on the return of toxicology results.

The babysitter will face charges, though the police are satisfied with the initial results to say that there was no foul play.

According to Patterson, the six month old's mother was desperate to find someone to watch her son while she worked the overnight shift. Both the babysitter and the baby's mother advertised on Craigslist, a popular online classified site. While the police are unsure which of them approached the other, Patterson described them as "satisfied" with the knowledge that the two women met through Craigslist, where the babysitter offered her services.

The police chief has indicated that he feels the blame for this tragic death rests with the babysitter, who the dead child's mother trusted to be responsible with the care of her son in a time when she had very few choices.

"Had it been left with the right person, I would hope that the child would still be alive today. Quite frankly, the child was dead before it left home because the charge nurse at the hospital said rigor mortis had already set in [by the time the child arrived at the hospital]," he said.

The babysitter was watching the now deceased six month old, along with two other unrelated children, at the Hometown Inn on Highway 85 in Riverdale when this tragedy took place. She faces state and local charges for running an unlicensed daycare. The woman's husband, who was also present and described the child dying of bronchitis as "whiny," was arrested by police when they discovered that he had a warrant for unpaid child support in Carroll County.
The other two children were thankfully unharmed, and returned to their parents by police.

It is always difficult to say what might have happened in other circumstances. If the child had been with his mother, or if he had been in the care of a trained and licensed childcare provider, it is possible that he would still have died. However, it is impossible to know that now. This woman, who advertised herself as a childcare professional to a working mother in a tight position, failed to respond to a clear emergency in a timely manner. Not only did the child die, but the police have indicated that he was dead before the woman even left the hotel where she was staying with the children.

It is very possible that with prompt and attentive care, this baby would still be alive, and this fact highlights the great trust place in their daycare providers, as well as the parents' responsibility to ensure that those providers are capable of living up to that trust.

Labels: atlanta, atlanta child safety attorney, atlanta personal injury attorney, child neglect, child safety, Georgia, wrongful death

posted by Michael L. Neff
0 Comments

Wednesday, March 3, 2010

Delaware Pediatrician Case Moves Forward

I wrote last month about the investigation of Dr. Earl Bradley, the Lewes, Delaware, pediatrician who had allegedly molested many of his young patients.

Now, I return to this nauseating topic after a grand jury returned with a 160 page indictment against Bradley, one which has now publically confirmed investigators suspicions that the dangerous pediatrician had over one hundred victims. Bradley is being charged with 471 counts of sexual crimes with 103 victims.

"The charges in this indictment are unique in the history of the state of Delaware, as far as I can tell," said Attorney General Beau Biden when he spoke of Bradley's crimes.

Over the more than a decade, Bradley worked as a pediatrician in the small town of Lewes, and during that time he molested a staggering number of victims - all but one of whom who have so far been identified as girls, and all under the age of sixteen. Some were victimized multiple times. One of the girls was raped over a dozen times in the course of a year.

Even now, Biden suspects that the list of victims will keep growing.

"I expect that we will add to this indictment with new charges over the coming months," he said, and encouraged the parents of victims to come forward regardless of age or gender. Prosecutors have even set up an office to handle the weight of complaints and to meet the needs of victims and their families as the investigation progresses.

The charges against Bradley range from rape and continuous sexual abuse of a child to reckless endangering. No one in any way doubts the weight of these crimes. If convicted, Bradley will face life in prison without any possibility of parole.

"I am determined to see that this defendant will never, ever be in a position to hurt another child," stated Biden.

Bradley's attorney, Eugene Maurer, has made clear his intention to move the trial to Sussex County, though his words did not seem to indicate that he thought that shift of venue would be the "real battleground." Instead, Maurer sees his client's mental state as the pivotal portion of this case. That, he's indicated, cannot be seen in the thirteen hours of video tape which police seized from his client as evidence.

Maurer has not read the indictment, but claims to be unsurprised by it. He pointed out that, under state law, one conviction of rape would have been enough to earn Bradley a lifetime sentence.

"I'm sure they have their reasons for including all these different victims in this indictment," he said.

As before, I am struck by the truly horrific nature of the crimes allegedly perpetrated by Dr. Bradley. Parents and communities trust doctors with their children, expecting them to be safe in their pediatricians’ offices. These crimes represent an incredible betrayal of the trust we place in physicians. While there were suspicions about Bradley before, he was still allowed to practice for over ten years even within a small, close knit community, and in doing so rape and serially abuse a staggering number of children.

Reviews have been called to investigate whether doctors, hospitals or some other agencies somehow failed in their obligation to report unprofessional behavior. I’ve said this many times, but will say it again now. If you suspect that a child is being abused or exploited, it is your responsibility to step up. It’s better to be wrong and embarrassed than right and silent while a child goes through the hell of abuse. If you suspect child abuse, contact local law enforcement or, if you feel a child is being exploited, these resources:

Georgia Statewide Tip Line
(404) 577-8477

National Center For Missing and Exploited Children Hotline
1-800-THE-LOST

Dear John Hotline
(404) 379-3602

Labels: child abuse, child exploitation, child molestation, child safety, child sexual abuse, child sexual exploitation

posted by Michael L. Neff
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Thursday, February 25, 2010

Adult Surgeries Used to Treat Obesity in Children

Fear of obesity has been a mounting concern in our country for some time. Across the United States, people's awareness of weight has been increasing as the media tosses out words like epidemic and crisis to describe the state of the nation's waistlines.

Childhood obesity has come under particularly harsh review in recent years as fear grew in the public consciousness that we are facing the first generation of people who will, on average, not live longer lives than their parents did. Parents and schools have both come under criticism as people see overweight and obese children and view them as growing less and less healthy. The question of how to address this issue, however, has often come under heavy criticism as well.

Among the latest controversies in the ongoing debate over how to treat childhood obesity stood out to me, as a lawyer with malpractice experience.

Gastric bypass, a surgery most commonly used to help control obesity in adults, has been growing increasingly more common among teenagers. While still relatively rare, the number of teenagers getting bariatric surgery every year has grown sharply. The only available numbers, reflecting a period between 2000 and 2003, show the number of teens receiving weight loss surgery tripling. And while that still put the total figure at around 800 a year, that kind of growth has not stopped according to the anecdotal evidence of the hospitals and doctors performing the surgeries.

In keeping with this trend, the manufacturers of the Lap-Band System have begun seeking FDA approval for pediatric use. With the FDA's approval, they would be able to market their product for use on children.

The problem is that in both of these surgeries, there is very little understanding of the long term affects of bariatric surgery when performed on minors. Some doctors support the shift, citing the fact that the initial weight loss presented after a bariatric surgery as reason to make them more wildly available to combat childhood obesity. Other doctors, however, are hesitant. What studies have observed the effects of bariatric surgery on adolescent patients have rarely tracked participants for more than two years. The possibility of some unforeseen complication to permanently altering a child's body or implanting a device which may cause scarring or malfunction, seems unreasonably high to some.

Dr. Mary L. Brandt, a pediatric surgeon, said, "There’s no way you can give a 70-year guarantee."

Some doctors worry that surgeons who normally perform bariatric surgery on adults will find themselves increasingly often handling underage patients, because the surgical procedure is the same. Unfortunately, while the surgery is the same, the patients are not. Doctors experienced with adults may not be able to provide the support and counseling necessary for a teen faced with the option of a gastric bypass or other alternative surgery.

Following a gastric bypass, patients have to alter their diets drastically. If they do not, they stand to have serious complications - complications which could prove fatal. Dr. Brandt has said that her team, operating in Houston, turns down nine out of ten of the requests they receive for bariatric surgery on children simply because of the fear that children are unequipped to follow through with that diet.

"If you don’t follow the rules afterward," she said, "you can die."

Labels: child health, child safety, medical malpractice, medical malpractice attorney, medical malpractice lawyer

posted by Michael L. Neff
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Friday, February 19, 2010

Georgia Teacher On Trial for Classroom Striptease

Having turned down a plea deal, former Southwest DeKalb High School chorus teacher Nathan Grigsby will be going to trial for allowing several of his male students to engage in a "Chippendales style" performance in his classroom during class time.

In 2008, Grigsby allegedly allowed three male students to strip out of their clothing and dance in a sexually explicit style. They gave lap dances, manhandled female students, and performed simulated sex acts on them. According to Solicitor-General Robert James, Grigsby provided the music himself - “Meeting in My Bedroom” by Silk.

“There were lewd caresses and gropes all in the presence of a teacher,” James said. “Under the law, if you have custody and control of kids, you are held to a higher standard. You don’t get to just turn your head.”

Grigsby was terminated from his teaching position when video of the performance surfaced on Facebook. He is being charged with six counts of indecency, and four counts of contributing to the deprivation of a minor. His trial is slated to begin in March. A judge recently granted him the extra time to prepare his case after having dismissed his original attorney. The two of them had apparently had a disagreement over his plea.

Grigsby's new attorney, Jackie Patterson, seems optimistic.

“I’m excited about trying this case and presenting witnesses to show he had no knowledge of what took place,” Patterson said.

The students involved have come to their former teacher's defense, according to Patterson. They wanted him to keep his job, and have continued to be supportive as this case turns toward a future trial. Patterson has said that they are willing to testify on Grigsby's behalf, supporting the claim that he did not know the nature of their performance and should not be held responsible for their actions.

“It is no question that Mr. Grigsby had no knowledge that these kids would commit these sex acts and put them on video. When the kids started performing these acts, it took him totally off guard,” Patterson said. “You can’t hold a teacher accountable for everything a child does.”

While it is true that a teacher may not be able to predict everything that will happen in his class, it is his job to control and oversee the behavior of his students. There is no question that what took place in his classroom was inappropriate, and potentially offensive or even hurtful to students in the class who could have been less enthusiastic for the display. It is also, quite simply, inappropriate behavior for school, and for teenagers in the company of an adult. As a teacher, it was expected that Grigsby control his class and look out for the wellbeing of his students. It was also expected that he would provide discipline in the event where that control is lost. Perhaps he honestly was simply taken so entirely by surprise that he failed to respond in a timely manner, and perhaps he felt that he did regain control of the situation adequately, but this story is without a doubt troubling.

None of the students were charged in this case.

Labels: atlanta, child safety, child sexual abuse, child sexual exploitation, Dekalb County, Georgia, teen safety, teenagers

posted by Michael L. Neff
2 Comments

Monday, February 8, 2010

Study Linking Autism to Vaccines Retracted

The Lancet, a major British medical journal, has retracted a study which it ran in 1998 linking autism and bowel disease to the measles, mumps and rubella vaccine.

This retraction followed just one day after BMJ, a competing journal, called for The Lancet to do so in an embargoed piece of commentary. It comes a week after Britain's General Medical Counsel, which oversees all doctors, found lead author Dr. Andrew Wakefield's methods unethical.

Unfortunately, it comes over ten years after the beginning of the much publicized and highly controversial crusade against vaccines which this study inspired. Yes, this is the medical research which set off the anti-vaccine movement which has swept not only through the UK, but across the Atlantic to the US too, where the anti-vaccine crowd has received a voice in many high traffic media outlets - including being featured on Oprah in the form of former MTV personality and current activist, Jenny McCarthy.

According to BMJ's commentary, after The Lancet published Andrew Wakefield's study linking the common measles, mumps, rubella vaccine to autism, "the arguments were considered by many to be proven and the ghastly social drama of the demon vaccine took on a life of its own."

After this study was published, British vaccination rates fell sharply. In direct result of this, measles outbreaks - formerly rarely heard of - have made a resurgence among unvaccinated British children. Even as subsequent research has time and again failed to replicate the original paper's findings and more and members of the medical establishment have spoken out against it, measles vaccination among British children has not fully recovered.

This is not the first time that The Lancet has admitted that it should never have run the original paper. Over the years, ten of Wakefield's original twelve co-authors have reached similar conclusions, and in the face of that fact, the medical journal has attempted to respond accordingly.

"It has become clear that several elements of the 1998 paper by Wakefield et al. are incorrect, contrary to the findings of an earlier investigation. In particular, the claims in the original paper that children were 'consecutively referred' and that investigations were 'approved' by the local ethics committee have been proven to be false. Therefore we fully retract this paper from the published record," the Lancet's editors said in their statement.

Wakefield and his two co-authors who have stood by this study are being stripped of their privilege to practice medicine in Britain as a result of what General Medical Council ruled as "callous disregard" for the children involved in his study, and for patient selection which they found both biased and dishonest when they ruled his work unethical. They have called his conduct "dishonest and irresponsible."

Alison Singer, mother of an autistic child and president of the Autism Science Foundation, has said "That study did a lot of harm. People became afraid of vaccinations. This is the Wakefield legacy: this unscientifically grounded fear of vaccinations that result in children dying from vaccine-preventable diseases."

Labels: autism, autism study, brain injury, child safety, children and autism, children and brain damage, Lancet, vaccines

posted by Michael L. Neff
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Wednesday, February 3, 2010

Lawsuit Filed over Exploding House in Cleveland

The Cleveland Plain Dealer in Ohio reports that a lawsuit has been filed over an exploding house!

The lawsuit alleges that the Dominion East Ohio Gas Company and an investment company are to blame for the explosion of a Cleveland house a January 25. The explosion caused damage to 57 buildings.

Investigators have not yet announced the cause of the explosion, but the lawsuit, which was filed in Cuyahoga County Common Pleas Court, alleges that Dominion and California-based EZ Access Funding are responsible.

According to the lawsuit filed by attorney Scott Kalish, EZ Access failed to maintain the house on West 83rd Street, which had been vacant since last summer. Further, Dominion failed to make sure that the gas was shut off, even though residents in the neighborhood had complained of an odor of gas four days before the explosion.

Gerald Walton, attorney for EZ Access, said, “They were totally unaware that there were any utilities to that house. They never authorized or requested that any utilities were turned on.”

Kalish represents three homeowners whose houses were damaged by the blast as well as a dozen other people who rent homes in the area. Kalish said that approximately 60 property owners and 80 renters were affected by the explosion. At least four people received minor injuries.

One resident represented by Kalish is Terry Calderwood, whose home was damaged so badly that it had to be demolished. Kalish told reporters, “She’s essentially homeless now.”

The Cleveland attorney hopes that the lawsuit will be certified as a class action lawsuit since it affected so many people.

What a bizarre news story! I find it hard to believe that the gas company did not respond to reports about the odor of gas. The number one natural gas safety tip from safegas.org is: “SMELL GAS? ACT FAST! If you smell gas RIGHT NOW—don't touch or turn off your computer—leave the area! After you go someplace away from the odor, call your natural gas provider. If you don't know that number, dial emergency services, 9-1-1.”

Other tips from the gas safety website include:

Don’t ever let small children play with or near natural gas appliances or pipes, even the knobs on the oven or cooktop.

Don’t use your stove or oven for anything other than cooking (for instance, to heat your home, under any circumstances).

Don’t move or install a gas appliance or change the connector in any way without professional assistance.

Don’t use a space heater UNTIL you are sure it has been vented properly. If using a vent-free heater, make sure the automatic cut-off switch is operational.

Don’t install a gas appliance yourself, unless you area a qualified contractor. Instead, you should always seek professional assistance.

Don’t ever store household chemicals or combustible materials near gas appliances.

Have all gas appliances, furnaces, vents, flues, chimneys and gas lines in your home or business inspected every year or two by qualified industry professionals.

Keep the areas around all appliances and equipment clean and unblocked to allow for proper air flow.

Follow manufacturer instructions for the care and use of gas appliances and equipment.

Make sure there is at least one multipurpose fire extinguisher in your home or place of business.

Use your nose. If you ever detect even a small amount of the odor of natural gas in the air, don’t stay—get away. Then, contact your natural gas provider. If you don’t know that number, dial emergency services, 9-1-1.

Labels: child safety, personal injury lawsuits

posted by Michael L. Neff
0 Comments

Children’s Disney Jewelry Recalled

Parents should be aware of two recent recalls of children’s jewelry products. Wal-Mart has recalled 55,000 Disney “Princess and Frog” necklaces that were sold exclusively at Wal-Mart stores. This recall was announced on Friday.

The necklaces contain high levels of cadmium, which can to toxic to children if ingested. Cadmium is a known carcinogen (cancer-causing agent) and may cause fever, developmental problems, or even death in high amounts.

The recalled metal chain link necklaces have pendants shaped like a crown or a frog. The packaging reads “Disney” and “The Princess and the Frog.” Recalled necklace model numbers include 4616-4187 (crown pendant) and 4616-4190 (frog pendant). The recalled Disney necklaces were sold at Wal-Mart stores across the country between November 2009 and January 2010. Average retail price was five dollars. If your child has one of these necklaces, return it to Wal-Mart for a refund.

In a related recall, 426,000 pieces of Disney children’s jewelry have been recalled due to high levels of lead. The recalled pieces include the “Tiny Tink” Tinkerbell charms as well as children’s bracelets sold through Papyrus Greeting Cards. This recall was announced by the U.S. Consumer Product Safety Commission (CPSC) on Tuesday. Both jewelry products were imported.

The Tinkerbell charms were imported by Playmates Toys. Researchers discovered that a metal piece of the charm had excess levels of lead. The Papyrus bracelets were imported by Schurman Fine Papers, and researchers found that the lead paint on the bracelets contained high levels of lead. Both of these pieces of children’s jewelry violated the federal standard for lead paint.

Over 252,000 Tiny Tink charms were recalled. The following Disney toy jewelry products were recalled: Tinker Bell’s Lil’ Tinker Bracelet, Rosetta’s Rosebud Keychain, Silvermist’s Water Lily Necklace. The Disney toys were sold at several retailers across the country from November 2008 to November 2009. Prices ranged from six dollars to eight dollars.

The Papyrus bracelets and greeting cards were sold from February 2004 to September 2009 at various retail stores for around seven dollars. If ingested, high levels of lead in paint could lead to nerve damage, brain damage, mental retardation, developmental problems, seizures, and even death. Low levels of lead exposure may also cause developmental problems for children.

If you own any of these jewelry toys, return them for a refund.

Toy jewelry is notorious for containing high levels of lead, cadmium, and other toxins. It’s best to avoid toy jewelry altogether, especially if it’s imported from China. China has a history of producing toys contaminated with lead paint and other toxins.

To be safe, teach your children to avoid chewing on toys and to wash their hands regularly, especially after playing outdoors. Soil is often contaminated with lead, especially if it’s near a roadway (thanks to a history of lead in gasoline).

If your child has been injured by an unsafe toy, contact an experienced Atlanta, Georgia personal injury lawyer as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: child safety, product liability, product recall, toy safety

posted by Michael L. Neff
0 Comments

Thursday, January 28, 2010

Wal-Mart Child Slapper Sentenced

Many of us heard about the man who slapped another Wal-Mart customer's child repeatedly several months ago. The story made the rounds through many news and media outlets, through blogs, and the internet rumor mill at large. The idea of a man who would repeatedly strike another person's child, whatever the provocation, was simply too shocking not to attract a great deal of attention. It also attracted a puzzling trickle of support and sympathy from people who apparently understood the inclination to react in such an unexpected fashion.

Well, Roger Stephens - that sixty-one year old man who stole headlines and dominated conversations in August of 2009, has finally been sentenced for his appalling outburst.

Stephens did not testify at the trial, which was held without a jury by agreement between both the prosecution and defense. Instead Stephens offered an apology to the family of the two year old whom he publically slapped.

Jeff Sliz, Stephens’s defense attorney, has stated that his client was "blind-sided" by all the media attention that his actions have received. He did not think at the time, or in the days following it as the story exploded all over the media, that it would become what it did.

"He's absolutely amazed this incident took on such Goliath proportions," Sliz said. "He never in his wildest imagination believed it would mushroom into this."

Perhaps Stephens' disbelief seems strange remembering the story. The incident as the mother recalled it to police back in August involved Stephens approaching the woman while she shopped with her daughter at Wal-Mart and threatening her and the two year old girl, saying, "If you don’t shut that baby up, I will shut her up for you."

A few moments after making that warning, he took the girl and slapped her repeatedly across the face. Stephens slapped the girl four or five times in total, according to the police report.

But Sliz explained his client's behavior as being "the ultimate knee-jerk reaction."

"He put his hands on a child when he clearly shouldn't have, and he realizes that," the attorney said.

Stephens was sentenced to one year in jail for what he did. He will be given credit for the four months he has already served against that sentence. Six months into his sentence - so on less than two months, taking into account the time he has already served - Stephens will become eligible to move to house arrest. Stephens' attorney has voiced some concern as to whether or the retired Georgia Power employee will be able to take advantage of that, considering the $300 a month fee accompanying the house arrest option. He worries that his client will have difficulty paying it.

In either event, it seems that Stephens will have some time to consider the inappropriateness of his actions both in jail, and perhaps in the future from his own home. Whether or not this will satisfy the internet and media interest in this story remains to be seen.

Labels: child abuse, child safety

posted by Michael L. Neff
0 Comments

Wednesday, January 27, 2010

Bus Driver to Be Sued after Fatal School Bus Wreck

On January 9, 2010, a school bus crashed into a station wagon and plunged off a 20-foot drop into a ravine. The bus wreck claimed the life of one student and injured 17 others.

The students, from the Hartford Academy of Mathematics and Science, were on their way to a robotics competition. They never made it.

"We are saddened to confirm that a student from the Greater Hartford Academy of Mathematics and Science was fatally injured this morning during a very serious accident on I-84 west. A bus driver, a teacher and 15 students from GHAMAS were also injured,” said Bruce Douglas of the Capitol Region Education Council after the wreck. "Our hearts, and the hearts of every educator and parent goes out to his parents, his family, his community in Rocky Hill, students and faculty of the Greater Hartford Academy of Math and Science, and the entire CREC community. They will all be in our prayers. This kind of incomprehensible tragedy is always on our minds. It is something we work tirelessly to prevent."

Vikas Parikh, 16, described as one of the "best and brightest" honor students, was killed in the bus crash. His sister Mayha said, "My mom got an email from a guidance counselor that he was first in class in ninth and tenth grade. She got that email of Friday . . . He was very into robotics, the type of thing a mechanical engineer would be into. My sister and I didn't get in to doing that, but anytime there was a computer problem, they knew where to turn to. It's just sad you'll never see him graduate high school. He had his permit, but he never got his license . . . He was too young."

The bus driver, Paul Burns, 44, told WFSB News, "All of a sudden I hear something colliding to the side of the bus and it was forcing the bus all the way to the right and I was doing everything I could to hold the bus on the road."

A DMV investigation revealed that Burns was driving a bus out of class. Burns had a commercial driver license for school buses with a total weight of up to 26,000 pounds. The bus he was driving weight 29,800 pounds.

Burns said he didn't know that he was driving out of class and that his managers never told him that the bus was over the weight limit for his license. He said he had been driving the same bus for two months.

"I was not informed that it was over the limit because if I had known, I would not have drive the bus," said Burns. "I just want to apologize wholeheartedly for what happened on Saturday morning because I wouldn't wish that on anyone, and I never want to see it happen to anyone every again."

Further investigation revealed that Autumn Transportation, the school bus company in charge of the bus, was cited for 65 out-of-service violations in 2008. These violations mean that the buses were not up to code. IN 2009, the number of violations doubled! Why was this company still in charge of transporting school children and keeping them safe?

Hopefully some answers will be brought to light in court. The family of Parikh has decided to sue Burns as well as 16-year-old Christopher Toppi, the driver of the other vehicle involved in the wreck.

If you've been injured in a bus wreck caused by negligence, contact an experienced Atlanta bus wreck attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: bus wreck, child safety

posted by Michael L. Neff
0 Comments

Tuesday, January 26, 2010

Monetary Incentive for Dangerous Crib Recalls?

Bloomberg reports that the Consumer Product Safety Commission (CPSC) is considering requiring crib manufacturers to provide consumers with refunds or monetary incentives when dangers cribs are recalled. Crib recalls usually involve a free repair kit, but many parents never contact the manufacturer to receive the free repair kit. CPSC Chairman Inez Tenenbaum says that refunds or monetary incentives such as store credits may increase response rates to recalls.

“Such a requirement would certainly incentivize many consumers to discard and replace defective cribs,” Tenenbaum told a House Energy and Commerce Committee panel. Tenenbaum said that lawmakers should consider requiring companies to offer refunds or store credits.

Since 2007, more than 7 million dangerous cribs have been recalled. However, many of these cribs are still being used. Even worse, many of the recalled cribs are still being sold in secondary markets.

In November 2009, 2.1 million cribs made by Stork Craft manufacturing were recalled. It was the biggest crib recall ever. The recall was instigated only after the death of four infants in the United States. The drop-side cribs posed a danger of infants being trapped.

Just last week, more dangerous crib recalls were announced. Dorel Asia cribs were recalled due to strangulation and suffocation hazards. These cribs also have a drop-side that can potentially trap infants. Dorel Asia has received 31 reports of drop-side incidents, including six cases where children were trapped. The recalled Dorel Asia cribs, manufactured in China and Vietnam, were sold at K-Mart, Sears, and Wal-Mart stores between January 2005 and December 2009 for $120 to $700. Dorel Asia cribs with the following model numbers were recalled: WM1633, WM1633-0, WM1676BC, WM1676BCR-DC, WM2163, WM2163DC, WM1633-0-DC, GP004B3EGR, GP004B3WGR, GP006BCEGR, GP006BCWGR, DA1615B3, DAKM5132, DASE5005, DASE5009, DA0504KMC-1N, DA0504KMC-1W, DA1614B3, DAKM5152, and DASE5015. If you have one of these cribs, stop using it immediately and call Dorel Asis at 1-866-762-2304 to receive a free repair kit. You can also visit dorel-asia.com for more information about this recall.

Drop-side cribs made by Caramina Furniture were also recently recalled. The recalled Caramina "Diana" drop-side cribs were sold at Buy Buy Baby and mass merchandise stores from September 2002 through December 2005 for $240 to $370. For more information about this recall, contact Caramina Furniture at 1-877-728-0342.

The CPSC now has a Crib Information Center to provide information about all of the crib recalls.

I certainly hope that lawmakers decide to require crib makers to offer some type of monetary incentive for recalls. Frankly, if I owned a crib that had been recalled due to strangulation hazards, I would want a full refund. A simple repair kit would not put my mind at ease! Additionally, because of all these recalls, I would not trust any drop-side cribs. There is an inherent design flaw in the safety of these cribs.

If you're a parent or children's caregiver, please review these crib safety tips from the CPSC:

To prevent suffocation, never place pillows or thick quilts in a baby’s sleep environment. Also, make sure there are no gaps larger than two fingers between the sides of the crib and the mattress.

Proper assembly of cribs is paramount - Follow the instructions provided and make sure that every part is installed correctly. If you are not sure, call the manufacturer for assistance.

Do not use old, broken or modified cribs - Infants can strangle to death if their bodies pass through gaps between loose components or broken slats while their heads remain entrapped.

Properly set up play yards according to manufacturers' directions. Only use the mattress pad provided with the play yard; do not add extra padding.

Never place a crib near a window with blind or curtain cords; babies can strangle on curtain or blind cords.

Have any of you parents out there had a bad experience with drop-side cribs? If so, please leave a comment and let others know.

Labels: child safety, product liability, product recall

posted by Michael L. Neff
0 Comments

Monday, January 25, 2010

Child Concussions Should Be Treated as Traumatic Brain Injuries

In a study published in the February 2010 issue of the medical journal Pediatrics, Carol DeMatteo of the School of Rehabilitation Science at McMaster University in Hamilton, Ontario says that concussions should be referred to as mild traumatic brain injuries and treated as such. She found that many concussions are not taken seriously enough, compared to other mild brain injuries among children.

“Even children with quite serious injuries can be labelled as having a concussion,” DeMatteo said. “Concussion seems to be less alarming than ‘mild brain injury’ so it may be used to convey an injury that should have a good outcome, does not have structural brain damage and symptoms that will pass.”

However, concussions may have long-lasting effects. The headaches, amnesia and loss of consciousness usually pass quickly, but some children may develop "post-concussion syndrome" that may last for weeks or months.

Further, multiple concussions may cause cumulative neurological damage. Recently, evidence has emerged which shows that multiple concussions (commonly experienced by football players and boxers) increase the risk of Alzheimer's disease and other forms of dementia.

DeMatteo found that too many parents (and even some doctors) think of concussions as harmless. She decided to start her study after she heard one parent say, "My child doesn't have a brain injury. he only has a concussion."

DeMatteo's study found that children labeled as having a "concussion" were discharged earlier than children with other brain injuries, regardless of the severity of the injury. This study shows that the term "concussion" affects how people view the injury and even how it is treated in medical settings.

“Our study suggests that if a child is given a diagnosis of a concussion, the family is less likely to consider it an actual injury to the brain,” said DeMatteo . “These children may be sent back to school or allowed to return to activity sooner, and maybe before they should. This puts them at greater risk for a second injury, poor school performance and wondering what is wrong with them.”

DeMatteo suggests that doctors abandon the term "concussion" and replace it with "mild traumatic brain injury" along with more specific descriptions of the injury.

If your child experiences any type of traumatic brain injury - even if it is "just a concussion" - you should take your child to see a doctor immediately. The doctor may need to perform imaging studies to look for visible signs of brain damage. The sooner you get to the doctor, the better.

In some cases, a child's traumatic brain injury may be due to the negligence of another person. For example, if a child suffers a brain injury after slipping on a wet floor in a place of business, the business owner may be held liable. Similarly, if proper safety procedures are not followed, a school may be found negligent in the case of a brain injury that occurs during football practice. For more information about your legal rights, contact an experienced Atlanta, Georgia brain injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: child safety, children and traumatic brain injury, concussion, TBI, traumatic brain injury

posted by Michael L. Neff
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Saturday, January 23, 2010

How Did a Child Fall Down a MARTA Elevator Shaft in Atlanta?

On Monday a 5-year-old boy fell 15 feet down an elevator shaft at the Kensington Metropolitan Atlanta Rapid Transit Authority (MARTA) station in Atlanta. The boy escaped serious injury. He was conscious and alert when firefighters rescued him using a wire basket.

DeKalb County Fire Captain Eric Jackson said, "Remarkably, consider the fall and what could have happened, the child was not hurt seriously."

The young boy was taken to Children's Healthcare of Atlanta and released after evaluation. However, his parents took him back to the hospital on the same day after he told them he was having headaches. He was released again later in the evening.

According to Jackson, the child was on the second floor of the MARTA station and leaning again the elevator door "when the door somehow became disengaged or opened, and that's when the child fell.”

“He fell onto the top of the elevator car," reported Jackson

Jackson said that the rescue operation was challenging: "but we were basically able to use some ladders to get the firefighters down there, get the child secured, and bring him back up on a Stokes basket."

A Stokes basket is a metal wire basket used for rescue missions in confined spaces.

The incident happened around 9:00 a.m. on Monday morning. MARTA spokeswoman Cara Hodgson said that MARTA officials are investigating the accident.

CBS Atlanta News questioned MARTA officials about the accident. Tim Eason, the escalator and elevator manager at MARTA, said, "We know doors did swing in but at this point we don't know why.”

"When doors typically function, they slide from left to right. How would they push in?" asked a reporter?

"They slide side to side," said Eason, "and normally they shouldn't go in or out. It's a very unusual situation."

According to Eason, the elevator in question had been recently inspected by a maintenance contractor on January 4 and by a MARTA inspector on January 11. He said that other MARTA elevators and escalators have been checked and are safe.

However, the question still remains: What kind of malfunction occurred that allowed the weight of a five-year-old boy to cause an elevator door to swing in? If it turns out that the boy sustained injuries during the fall – for instance, if the headaches were a sign of a traumatic brain injury – then the boy’s family would likely have a good case against MARTA. Like all property owners, MARTA officials have the responsibility of making sure that the property is properly maintained and safe for visitors. Property owners have a legal obligation to alert visitors about known safety hazards.

Have you been injured at a place of business due to a safety hazard? If so, contact an experienced Atlanta premises liability attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: atlanta, Atlanta injury lawyer, child safety, fall, MARTA, premises liability

posted by Michael L. Neff
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Friday, January 22, 2010

Atlanta Company Graco Recalls Baby Strollers

Atlanta-based company Graco Children's Products has recalled about 1.5 baby strollers due to fingertip amputation and laceration hazards. The U.S. Consumer Product Safety Commission (CPSC) announced the recall on Wednesday. According to the CPSC, consumers should stop using the recalled products immediately. Recalled products included strollers and travel systems with the names Graco's Passage, Alano, and Spree.

The CPSC reports that the hinges on the strollers may cause fingertip cuts or even amputation to a child when the canopy of the stroller is opened or closed. Graco has received seven reports of child injuries because of the stroller's canopy hinge. In five of the cases, the child's fingertip was amputated. According to Fox News, this is the largest stroller recall ever.

The following model numbers of Graco baby strollers have been recalled: 6303MYC, 6303MYC3 7240DNB, 7240DNB2, 7240MKL2, 7240MKL3, 7F02GLM3, 6320IVY, 6320LAU 7241DDH2, 7241DHO3, 7F04TAY3 6330CAP, 6330THR, 6330THR3 7255CLP, 7255CLP2, 7255CRA2, 7255CRA3, 7255CSA3, 7255GPK3, 7255GRN, 7255GRN2, 7255JJB3, 7255ORC2, 7255WLO2, 7255WLO3, 7F07EMA3, 6F00QIN3, 6F00RRY3, 7256CLO2, 7256SPM2, 7256SPM3, 7F08DSW3, 7F08LAN3 6F03GLN3 7260BAN, 7260BAN2, 7260BAN3, 7260MRA2, 7260MRA3, 7260PKR, 7260PKR2, 7G00DLS3, 7G00DLS4, 6G10CSE3, 7270BIA, 7270BIA2 7G01CRL3, 7235GGA, 7235GGA2 7E01JON2, 7E01JON3, 7G04KRA3, 7236CDR2 7F00LPE3, 7F00RSH3, 7G05GPR3, 7G06WSR3 7237HOL2, 7237HOL3 7F01FOR3 7G07ABB3, 7G07BAT3.

Only strollers with a plastic, jointed hinge mechanism with indented canopy notches were included in the recall. (Graco also manufactures strollers with a different type of hinge mechanism). The recalled strollers were made between October 2004 and February 2008. If you have a Graco stroller, you can find the model number and manufacturing date on the lower interior part of the rear frame, above the rear wheels. The recalled strollers and travel systems were sold at several retailers including AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Fred Meyer, Meijers, Navy Exchange, Sears, Target, and Walmart between October 2004 and December 2009 for prices ranging from $80 to $200. The strollers were manufactured in China.

A statement from Graco reads: "At Graco, safety is always our top priority. We have determined that some of the canopies on select Passage™, Alano™, and Spree™ model strollers, manufactured by Graco prior to March 2008, could expose children to a risk of injury. We have issued a voluntary recall of these products. No other Graco strollers are affected by this notice. For consumers who have an affected stroller, Graco will provide a free canopy hinge cover, which can be ordered below for consumers in the US."

If you have one of the recalled strollers, stop using it immediately and call Graco to get your free protective cover hinge repair kit. You can call Graco at 1-800-345-4109 during normal business hours. You may also visit www.gracobaby.com for more information.

To report a dangerous product or product-related injury, call the CPSC hotline at 1-800-638-2772. Also contact an Atlanta personal injury lawyer, as you may have grounds to file a lawsuit. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: child safety, product liability, product recall

posted by Michael L. Neff
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Thursday, January 21, 2010

FDA Finally Issues BPA Warning for Parents

Last week I wrote about BPA health problems. Perhaps someone at the U.S. Food and Drug Administration noticed my post. After years of denying the dangers associated with BPA, the FDA has finally issued a subtle warning.

According to a report from CBS News, the FDA still claims that BPA is safe but now has "some concern" about the "subtle effects" of BPA on the "brain, behavior and prostate glands in fetuses, infants and young children."

Does that seem odd to anyone else but me? If this chemical can cause developmental problems for children, then how can the FDA say that it is still safe?

For now, the FDA is merely encouraging parents to limit children's exposure to BPA. BPA (bisphenol-A) is found in thousands of different products. It's typically added to plastic to make the plastic harder. As CBS News points out, concerned parents and scientists have been warning about the association between BPA and cancer, diabetes, and other health problems for years. The FDA is just now admitting that there might be a problem. However, in my opinion, the FDA is not doing enough to protect Americans from this dangerous chemical.

Of course, Linda Harrison of the American Chemistry Council would disagree with me.

"What's important to remember is that FDA indicated that the BPA has not been proven harmful to children or adults," said Harrison. "And that if they believed it was unsafe, they would've issued stronger regulations."

The real problem here is that chemicals are unleashed on the market and then must be "proven harmful." Wouldn't it make more sense to prove the safety of chemicals before allowing them to be sold? Of course, that would make more sense. But that would also cut into profits for chemical manufacturers.

CBS News correspondent Kelly Wallace demonstrated how one might ingest BPA on the Early Show. After eating a sandwich made from canned tuna, the BPA level in her blood was five times higher than normal. However, after living a BPA-free life for five days, the BPA levels in her blood were much lower than average. Wallace led a BPA-free life by avoiding all foods and drinks in cans or plastic containers. Plastic water bottles, for example, also contain BPA. Glass water bottles are a safe alternative.

Professor Fred Vom Saal of the University of Missouri said, "I and other colleagues of mine at an NIH (National Institutes of Health) meeting said, with a very high level of confidence, we think Bisphenol A is a threat to human health."

BPA causes problems by mimicking hormones like estrogen. This disrupts the balance of the endocrine system in the body.

Currently, it's nearly impossible to avoid all BPA. You can start by avoiding canned food. BPA is in the plastic lining of the cans. Also avoid food and beverages that come in plastic containers. When possible, buy glass instead of plastic. Remember, it's especially important to reduce BPA exposure for children and expectant mothers.

If you develop serious health problems that you believe to be connected to your use of a defective or unsafe product, contact a Georgia personal injury lawyer as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700.

Labels: child safety, product liability

posted by Michael L. Neff
0 Comments

Baby Food Recalled

The Georgia Department of Agriculture announced last week that some baby food products are being recalled as a result of packaging defects.

The Agriculture Commissioner's office in a release which came out last week that the danger was in certain HAPPYTOT Stage 4 and HAPPYBABY Stage 1 and Stage 2 pouch meal products made by Nurture Inc., a New York based producer. These products could possibly have defects in their packaging which allows the pouches to swell or leak. Improperly sealed pouches, either swollen or leaking, could result in their contents being exposed to bacteria. Obviously, exposure to bacteria means that any children who eat this baby food might run the risk of food borne illness.

All of the meals being recalled are packaged in plastic pouches with plastic with plastic caps, and bear expiration dates between November 2010 and January 2011.

Products being recalled include:

• Green bean, pear & peas, NET WT. 4.22 OZ. (120g), UPC 8 52697 00127 9;
• Sweet potato, carrot, apple & cinnamon, NET WT. 4.22 OZ. (120g), UPC 8 52697 00128 6;
• Spinach, mango & pear, NET WT. 4.22 OZ. (120g), UPC 8 52697 00129 3;
• Butternut squash & apple, NET WT. 4.22 OZ. (120g), UPC 8 52697 00130 9;
• Banana, peach, coconut & prunes, NET WT. 4.22 OZ. (120g), UPC 8 52697 00131 6;
• Banana, peach & mango, NET WT. 4.22 OZ. (120g), UPC 8 52697 00132 3
• Mango, NET WT. 3.5 OZ. (99g), UPC 8 52697 00134 7
• Spinach Mango Pear, NET WT. 3.5 OZ. (99g), UPC 8 52697 00139 2
• Apricot Sweet Potato, NET WT. 3.5 OZ. (99g), UPC 8 52697 00136 1

Customers who purchased these products should contact Nurture Inc. this week for an exchange or refund. They can be called at 212-374-2779

Baby food recalls may seem even more dangerous and horrifying than other tainted food scares, since parents trust baby food makers to be particularly sensitive to the fact that their target consumers will be feeding them to very young children who have more delicate needs than adults, and who are less capable of understanding and communicating when they are seriously ill. Parents are often times more protective of their children than they are of themselves. This sort of event is not uncommon, though. Last fall saw a recall of Plum Organics baby food, and a failed attempt to initiate a recall on Gerber brand baby foods. It is not only the responsibility of parents to provide the best care they can for their children, but also the responsibility of the corporations that they trust to meet the high standards which society demands for care for children.

If you or someone you love has been injured as the result of a faulty defective product, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.

Labels: child safety, consumer products, product liability, product recall

posted by Michael L. Neff
0 Comments

Wednesday, January 20, 2010

Georgia Cheerleading Injuries and Safety

Recently I have written quite a bit about traumatic brain injuries associated with football. Football players are at risk of serious injury, but we should not forget about the risk of injury for the athletes on the sidelines of the field: the cheerleaders.

As the University of Michigan video below reveals, cheerleading has become the leading cause of catastrophic injury among young female athletes. Over recent years, cheerleading has become more athletic and more dangerous.

A November 2009 study published in the Journal of Athletic training found that modern cheerleading stunts are the cause of 60 percent of cheerleading injuries. Further, cheerleading stunts such as "cradles, elevators, extensions, pyramids, single-based stunts, stunt-cradle combinations, transitions and miscellaneous partner and group stunts" are the cause of 96 percent of concussions and head injuries among cheerleaders.

Brenda Shields, author of the study and research coordinator at the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, OH, reported that strains and sprains account for 53 percent of cheerleader injuries. The study also found that 83 percent of injuries occur during practice, and nearly 90 percent of serious injuries occurred while the cheerleaders were performing on grass, artificial turf, foam floors, or wood floors.

"Only spring floors and four-inch-thick landing mats placed on traditional foam floors provide enough impact-absorbing capacity for two-level stunts," Shields said. "There is a greater risk for severe injury as the fall height increases or the impact-absorbing capacity decreases, or both."

In my opinion, more schools should require the use of landing mats for all cheerleading stunts. Schools should also have strict rules about cheerleading practice, since most injuries occur during practice.

The American Association of Cheerleading Coaches and Administrators (AACCA) states the following in regard to practice: "Cheerleading squads should be placed under the direction of a qualified and knowledgeable advisor or coach. All practice sessions should be supervised by the coach and held in a location suitable for the activities of cheerleaders (i.e., use of appropriate mats, away from excessive noise and distractions, etc.). Prior to the performance of any skill, the immediate environment for the activity should be taken into consideration including, but not limited to proximity of non-squad personnel, performance surface, lighting and/or precipitation. Technical skills should not be performed on concrete, asphalt, wet or uneven surfaces or surfaces with obstructions. Advisors/coaches should recognize a squad's particular ability level and should limit the squad's activities accordingly. 'Ability level' refers to the squad's talents as a whole and individuals should not be pressed to perform activities until safely perfected. All cheerleaders should receive proper training before attempting any form of cheerleading gymnastics."

In cases where school officials have been negligent by not providing proper supervision or practice locations, the schools may be held accountable for cheerleading injuries. In the video below, Dr. Amy Bohn says, "There often aren't adequate safety measures in place in schools with cheerleading. One of the particular concerns is that they're often practicing in a variety of locations."

Dr. Bohn suggests that parents of cheerleaders should talk to cheerleading coaches about safety concerns, coaching experience, practice locations, and supervision at practice.

I'd like to applaud the University of Georgia for prohibiting the "basket toss," one of the most dangerous cheerleading stunts: "Due to safety and liability concerns, the University of Georgia Athletic Board prohibits the UGA cheer squad from doing basket tosses."

More schools should follow the example set by the University of Georgia and consider the safety risks of cheerleading.

If your child has been injured in a Georgia cheerleading accident, contact a Georgia personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: child safety, Georgia personal injury

posted by Michael L. Neff
0 Comments

Tuesday, January 19, 2010

Gwinnett County Community Mourning Two Accidental Winter-Related Deaths

In the wake of the recent snow and ice storms, a Gwinnett County middle school is left mourning two students who fell through the ice and died in the freezing water.

Fourteen year old Jacob Bullock and thirteen year old Marvens Mathurin died in the afternoon on Jan. 9 when the ice on the lake at the Daniel Creek subdivision in Dacula broke under them. Alex Paul, fifteen and a third friend, was also present and also fell into the water. Paul survived the ordeal to give an account of what happened. In light of the deaths of his two friends, his story becomes a cautionary reminder to respect the dangers of this cold weather.

Paul explained that he Bullock and Mathurin went to the frozen lake at their subdivision that Saturday afternoon after seeing some girls playing on the solid ice. He says that they spent twenty or thirty minutes playing on the ice themselves after the girls left. Paul and Bullock were heading toward the shore when they heard Mathurin calling out behind them.

“He said, 'Alex, help me please,'" Paul said as he described the event. Looking back, he discovered Mathurin had broken through the ice.

Paul dropped to his stomach to crawl across the ice back toward his friend, while Bullock walked behind him. Paul explained that then, "The whole ice collapsed and Jacob fell in.”

“I tried to get myself out but the ice kept breaking,” Paul said. “I told Jacob to do like I was doing but he said he couldn’t do it.”

Mathurin and Bullock disappeared under the icy water while Paul continued to struggle and eventually was able to make his way back to the shore. He reached the shore just as emergency response personnel arrived. Tommy Rutledge, a spokesman for the Fire Department, said that the rescuers made seeing to Paul their first priority. Their training also demanded that they not go in the water until their equipment had arrived.

When their boat finally arrived, firefighters moved out onto the lake to recover the bodies of the two dead boys. Much of the neighborhood - including a number students at the boys' school - were present to see the bodies as they were brought ashore.

Neighbors and classmates, nearly 300 of them, remembered the boys on the day after the accident. They arrived at the lake 24 hours after the drowning to pay their respects, share memories and offer prayers. Two wooden crosses were added to the shoreline scenery to collect tokens of the survivors’ grief: teddy bears, balloons, and flowers.

Osborne Middle School augmented their counseling staff with an additional eight grief counselors and psychologists to help students deal with their loss. The sudden deaths stunned both students and faculty, many of whom saw the two boys at a basketball game on the day that they died.

“For many kids, this is their first loss,” said John Campbell, the school principal. “This is not a normal day at Osborne Middle School.”
We often think of ice accidents as occurring in the northern part of the country, but this incident is an all too startling reminder that accidents can just as easily occur here at home. The next time freezing weather strikes, encourage kids and adults alike to stay off the ice.

Labels: child safety, fall through ice, Georgia, icy weather, trip and fall

posted by Michael L. Neff
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Monday, January 18, 2010

Georgia Five-Year-Old Killed by Own Grandmother

Five year old Camden Hiers of Roswell was a happy, engaged boy in the days before his death, according to observers.

Another family, the Gandys, were on vacation in Florida when they met the victim and his grandparents, Marianne and Heinz Bordt. The Bordts were German nationals in their seventies, and seemed to have taken their grandson to Florida for an innocent vacation at the beach. The Gandys were staying in the downstairs condo at the same address and had the occasion to get to know Camden a little before they left.

"He just gravitated to both of my sons and to my husband," Christy Gandy said. "He was so sweet, and just the cutest little boy.

Gandy described Camden's grandparents as friendly, though their English was not very good. Camden - who spoke both English and German - was the one who would really stand out in Gandy's memory. First because the little boy had endeared himself to her, and because he had spent the week playing with her own sons, eight and twelve; Gandy described the three boys throwing around the football and building forts in the sand. But the reason Camden will continue to stand out in Gandy's memory is because she later learned that the day after her family had checked out of the condo, Marianne Bordt intentionally drowned Camden in the bathtub.

"We didn't suspect anything odd," Gandy said. "They were very friendly."

Gandy has described the event as devastating for her family. The vital little boy they had played with days before had been killed, his grandmother arrested for the crime.

Also devastated by the news were Camden's parents, David and Karin Hiers. The couple had divorced in 2006, and shared custody of their son. It was this fact which Marianne Bordt claimed led her to kill her grandson. David Hiers drove to Florida to speak with police after his son's death, and has since returned to Georgia.

"He's extremely overwhelmed with grief," Alpharetta attorney Thomas Salata said.

Salata called both Hiers "wonderful parents."

The killer's husband returned from the store that Monday to find her waiting for him. According to an affidavit from the Franklin County Sheriff's Office, she told him that she had killed their grandson because she did not want him to grow up in a broken home. The police have said that Bordt also failed an attempt to kill herself in the ocean following the murder.

Bordt has been denied bond, and will remain in jail. She will be assigned a public defender.

The police found that the Bordts had been living with their daughter, Karen Hiers, and Camden in the Hiers' Roswell home, at least temporarily. Their most recent address was shared with the family. Despite this, neighbors say they did not know them at all. They described the family as keeping to themselves.

While this murder has touched many lives for the worse, Christy Gandy does not entirely regret meeting Camden.

"We feel like we gave him a lot of joy and happiness his last few days," Gandy said. "He was having a good time."

Labels: atlanta, child murder, child safety, Georgia

posted by Michael L. Neff
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Thursday, January 14, 2010

BPA in Plastic Linked to Heart Disease and Other Health Problems

Research on the negative health effects of the chemical bisphenol-A (BPA) continues to emerge. Two new studies came out this month. A team of French scientists found that BPA can cause intestinal problems, according to a study published in the Proceedings of the National Academy of Sciences of the United States of America.

A team of researchers from the University of Exeter in the United Kingdom found that individuals who have high levels of BPA in their body have higher risks of heart disease. This study was published in the journal PLoS One.

BPA is a chemical added to many plastic products from baby bottles to aluminum can liners and various food containers. It is an endocrine disruptor, meaning that it disrupts the balance of hormones within the body. BPA is thought to mimic estrogen in the body. Various studies have linked BPA to diabetes, cancer, heart disease, cognitive problems, reproductive problems, and asthma. Studies also suggest that BPA can cause developmental problems for children.

In December 2009, a study from the Environmental Working Group found that 9 out of 10 newborns already have BPA in their blood. A previous study found that 93 percent of Americans have BPA in their blood.

“It’s alarming!” said Janet Gray, director of the Environmental Risks and Breast Cancer project at Vassar College. “What more evidence do we need to act?”

Many retailers have stopped selling baby bottles that contain BPA. Although health experts have called for a ban on BPA in all products, the FDA maintains that BPA is safe. Current research suggest otherwise.

To avoid exposure to BPA and protect your children from BPA, stop buying canned foods and beverages. Metal cans are lined with BPA. Never microwave plastic food containers. Stop drinking from plastic bottles. Switch to reusable stainless steel bottles. Do not buy a reusable aluminum water bottle because, like aluminum cans, the aluminum bottles have BPA linings. As for baby bottles, I recommend glass bottles. Don’t drink water from plastic water cooler containers. To avoid BPA from the office water cooler, you can modernize your office with a safe bottle-less water cooler.

Last year a study from the Harvard School of Public Health found that individuals who drank from plastic bottles had a 69 percent increase in BPA after a week. Some experts believe that hormone disruptors like BPA are “feminizing” unborn boys and raising their risk of cancer and infertility later in life. As an ominous sign, male fish in the Potomac River have begun to produce eggs in their testes due to endocrine disruptors like BPA in the water. Similar “intersex” symptoms have been seen in frogs and salamanders.

U.S. Senator Charles Schumer has introduced legislation that would ban BPA from use in infant products. In several states, lawmakers have introduced bills calling for BPA bans. For now, it’s up to you to find BPA-free products if you wish to protect your family from the harmful effects of this pervasive chemical.

Labels: child safety, health

posted by Michael L. Neff
0 Comments

Monday, January 11, 2010

High School Honor Student Killed in School Bus Wreck

The Hartford Courant in Connecticut reports that 16-year-old Vikas Parikh, an honor student at Rocky Hill High School, was killed in a school bus wreck Saturday morning. A small group of students were traveling to a robotics competition when the school bus collided with a station wagon. The school bus ran through guard rail and went down an embankment. Several students and a teacher were injured.

This accident raises a familiar, long-debated question: Should school buses be required to have seat belts? Many people think that a seat belt might have saved Parikh’s life.

Over the years, the design of school buses has changed to improve safety. For example, a second emergency exit was added after a 1989 school bus crash in which a bus filled with water in a ditch and students couldn’t escape. School bus designs have seen improved seat padding, better crash protection for fuel tanks, better brakes, enhanced body strength, and improved mirrors.

Research shows that school buses are safer than cars. A Transportation Research Board study concluded that only about 2 percent of the approximately 800 school children killed in school travel times each year are passengers on school buses.

However, the recent, tragic school bus wreck stresses the fact that school bus safety could be improved with the addition of seat belts. Padded seats may protect children in head-on crashes, but they cannot protect students from the kind of forces generated by rollovers or other types of accidents. When children get tossed around inside the bus, injuries and fatalities will inevitably occur. Seat belts would likely reduce injuries and fatalities.

Some people argue that seat belts might injure children or make it hard to get off the bus during an emergency. Most kids know how to get out of a seat belt. In my opinion, they would do much more good than harm. Seat belts might also keep the kids in place and cut down on driver distraction.

In the recent wreck, there is no word on what caused the accident. Some speculate that an improper lane change was behind the wreck, but the facts have not come out yet.

The National Highway Traffic Safety Administration (NHTSA) estimates that it would cost up to $252 million to add three-point seat belts to school buses. And that’s probably why school buses don’t have seat belts. But, given the importance of this issue – the safety of our children – it seems like lawmakers could find the money somehow.

Six states (including California, New York, and New Jersey) now require seat belt use on school buses, even though there is no federal law. Several more states, including Connecticut, will soon be considering regulation to require seat belts on school buses. I think it’s about time for Georgia to follow suit.

If you know someone who has been injured in a bus wreck, contact an experienced Georgia bus wreck lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: bus wreck, child safety, school bus, school bus safety, seatbelt

posted by Michael L. Neff
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Tuesday, January 5, 2010

Father Sues Amby Baby Bed Maker Over Infant Death

Last month I alerted you about the Amby baby hammock recall. Now a father in Oregon has filed suit against Amby Baby USA, maker over the hammock-style baby beds.

Jonathan Kuzma of Gresham, OR filed the lawsuit in Moltnomah County Circuit Court and claimed that the defective and dangerous Amby baby bed led to the suffocation death of his son Matteo in August 2009.

The Amby Baby Motion Bed also led to the death of a 4-month-old baby in Georgia. The four-month-old girl was from Lawrenceville, GA, and she died in June 2009.

On December 8, 2008, a recall was issued for about 24,000 of the baby hammocks. The Consumer Product Safety Commission (CPSC) warned that the side-to-side tilting of the hammock could cause a baby to become trapped within the fabric or mattress pad and suffocate.

Amby has not yet responded to calls or emails seeking comment about the lawsuit.

The lawsuit claims that Amby created a hammock with an unstable sleeping surface that creates a suffocation risk. The lawsuit also states that the materials used to manufacture the hammock were not sufficiently “breathable.”

The recalled Amby Baby Motion beds were sold between January 2003 and October 2009. They consist of a steel from and a fabric hammock connected by a large spring and a metal crossbar. The label on the bed says: “Amby - Babies Love It, Naturally.”

The CPSC warns consumers to stop using the hammocks immediately and contact the company for a free repair kit. In the meantime, if you have one of those baby hammocks, find another safe place for your infant to sleep.

For additional information about the Amby Baby hammock recall, you can call Amby Baby USA at 1-866-544-9721 or visit www.ambybaby.com. You can also call the CPSC hotline at 1-800-638-2772 to reported a dangerous product or product-related injury, or visit www.cpsc.gov for more information.

Is your baby’s sleeping area safe? Review the following tips from the National Institute of Child Development.

Always place your baby on his or her back to sleep, for naps and at night. The back sleep position is the safest, and every sleep time counts.

Place your baby on a firm sleep surface, such as on a safety-approved crib mattress, covered by a fitted sheet. Never place your baby to sleep on pillows, quilts, sheepskins, and other soft surfaces.

Keep soft objects, toys, and loose bedding out of your baby's sleep area. Don't use pillows, blankets, quilts, sheepskins, and pillow-like crib bumpers in your baby's sleep area, and keep any other items away from your baby's face.

Keep your baby's sleep area close to, but separate from, where you and others sleep. Your baby should not sleep in a bed or on a couch or armchair with adults or other children, but he or she can sleep in the same room as you. If you bring your baby in bed with you to breastfeed, put him or her back in a separate sleep area, such as a bassinet, crib, cradle, or a bedside cosleeper (infant bed that attaches to an adult bed) when finished.

Labels: child proofing, child safety, product liability, product recall

posted by Michael L. Neff
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Tuesday, December 29, 2009

Manufacturers Knew Toy Was Dangerous

Last week, I wrote about the importance of recognizing dangerous toys and applying common sense when choosing your children’s toys. I mentioned then a boy in Texas who died when he swallowed a flexible dart.

It is important to understand that this is not an isolated danger. When poor toy design undermines parents’ honest attempts to protect their children from hazards, the youngest, most defenseless children are often the ones in danger.

In 2005, Penny Sweet bought her ten year old son two boxes of Magnetix toys for his birthday. Magnetix are a type of building kit, where plastic pieces can be held together by powerful magnets. They are a choking hazard.

Sweet’s younger son, Kenny, was not allowed to be in the room when his older siblings played with the Megnetix. He was less than two years old, and his parents realized that the Magnetix toys were not suited for him.

What they did not expect was that the plastic building pieces might break, spilling tiny, powerful magnets and leaving them hidden in the carpet. There, they waited unnoticed until the toddler found them and swallowed them.

Kenny became ill not long after swallowing the magnets. At first, his parents thought he might have caught a stomach bug. They were concerned, but they did not realize at the time that the magnets had become attached within the child’s intestines, cutting off the circulation of blood. The lack of circulation to parts of Kenny’s lower intestine caused the tissue to die, and allowed gangrene to set in. Kenny died during the night as a result of these unseen injuries.

The injury that killed Kenny was comparable to a gunshot or stab wound.

The Sweet family filed a complaint with the Consumer Product Safety Commission, which led to the toy’s manufacturer, Mega Bloks, released a statement in which they claimed to have no knowledge of other such occurrences with their Magnetix product. This statement, however, was a lie.

The truth was, Mega Bloks was aware of several complains that the magnets within this toy could fall out of their plastic casing, and there had already been at least one incidents where another child was dangerously injured as a result of swallowing them.

Even after Kenny’s death, the Mega Bloks company left millions of the toy sets on the shelves for months, before finally voluntarily recalling them in March of 2006. By the time of the recall, the CPSC had reports of 34 injuries to children, nearly half of which had occurred after Kenny Sweet’s death.

The sad fact is that many companies cannot be trusted to keep the best interests of their consumers in mind, and even careful parents cannot prepare or avoid every dangerous situation. By remembering these dangers, parents can keep themselves better informed to protect their children.

If you or someone you love has been injured as the result of a faulty product, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.

Labels: child safety, product liability

posted by Michael L. Neff
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Monday, December 28, 2009

Cobb County DA Plans to Move Forward in Consent Case

I have written before about the controversial position taken by the Georgia Supreme Court in June about the status of sex between teachers and students over the age of sixteen. Well, the story continues. The Cobb County district attorney has decided to move forward in the case of Steven Martin Parkman.

The DA has taken this step in spite of a controversial State Supreme Court. The court decided in the similar case of Christopher King last week that relationships between teenage students and teachers were “gross” and “awful” but not illegal.

Earlier this month, Superior Court Judge Robert Flournoy ruled that Christopher King – a former Marietta High School teacher – was not guilty of sexual assault when he engaged in a consensual sexual relationship with his seventeen year old female student.

While this conclusion could be seen as continuing a trend toward legal – if not social – protection for sexual relationships between teachers and their students as long as those students are over the age of consent, the DA does not see this issue as settled.

Cobb County DA Pat Head has openly said that he disagrees with Judge Flournoy’s ruling. He says that he still plans on to move forward in the Parkman case.

"The judge and I differ on our opinion about whether expert testimony regarding consent is a factual issue for the jury or not," Head said. "Obviously, I think it is and he does not.”

Parkman, thirty-four, is a former high school orchestra teacher who resigned from his position in lieu of termination before his arrest. He is accused of having consensual sex with his own seventeen year old student.

More than that, Head plans to ask the grand jury to Parkman and add a sodomy charge to those already facing the former teacher.

Parkman’s lawyer, Noah Pines, called the continued prosecution of his client “ridiculous.”

Pines defends his client by citing letters, texts and posts on the networking site Facebook which indicate that the alleged victim consented to her relationship with Parkman. The logic being that, consistent with the previous rulings, since the alleged victim was over the state of Georgia’s age of consent sex between the two was not illegal as long as the girl was a willing participant.

Pines says that he will file a motion to dismiss the sodomy charges on the grounds that it is unconstitutional.

"If they present the case on sodomy, they are selectively prosecuting my client," he said. "The law applies to anyone who gives or receives [oral sex]. She is just as guilty as my client."

Sodomy is a felony, and if found guilty, Parkman could face as little as one year or as many as 20 years in prison. In either event, it would lead to a lifetime on the sex offender registry. The punishment for oral sex is much harsher than the misdemeanor crime of public indecency.

Parkman admits to having had sex with his student in the orchestra room at the school where he taught and in his car.

Labels: child abuse, child safety, child sexual exploitation, sex offenders, sexual predator

posted by Michael L. Neff
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Friday, December 25, 2009

Beware Hazardous Toys this Christmas

Christmas is a special time of year for children and their parents. While the season is one of joy for many, most adults’ enjoyment of Christmas simply cannot compare to the excitement of children in the face of lights, cookies, music and – of course – presents.

And many parents experience their own kind of joy when they watch their children tear into presents or throwing themselves into playing with their new toys.

However, inside some of those brightly wrapped boxes and under those bows, heartbreak can sometimes lurk.

Every year, toys and other children’s products are recalled due to toxicity, unsafe design, choking hazards and more. This year when buying presents for the children in your life, be sure that the gifts you give are age appropriate and safe.

The Consumer Product Safety Commission offers a page on their website listing hazardous toy recalls, which is a good resource for any concerned parent. Also, local news programs often run stories about potentially dangerous toys. The internet is a vast and valuable tool for those who know how to use it.

Recently recalled toys include a toy dart gun set by OKK Trading which led to an asphyxiated child after it became lodged in the child’s throat, a toy truck set called Super Rigs Play Sets which violated lead paint standards, and the Evenflo ExerSaucer® 1-2-3 Tea for Me™ Activity Learning Centers, which was recalled because of choking hazards.

The OKK Trading dart gun has already caused the death of one 8 year old boy in Texas, when he was chewing on it and inadvertently inhaled and swallowed it.

Evenflo ExerSaucer® 1-2-3 Tea for Me™ has not yet caused any reported injuries, but there have been 11 reports of pieces detaching and becoming dangerous choking hazards.

Despite recalls, dangerous toys still often make it onto shelves, and in many cases the manufacturers are well aware of the product’s flaws. A parent cannot trust these companies to look out for the best interests of their children.

The CPSC also offers some advice on toy safety. This sort of advice is useful and available all year, but in this time of giving, it becomes especially relevant.

• Choose toys carefully, respecting the child’s age, interests and skill levels.

• Look for quality design and construction in toys for children of all ages.

• Make sure that all instructions and directions are clear, both to you and your children.

• Discard of plastic and other dangerous packaging immediately.

• Read labels – including age recommendations, warnings and safety labels, and whether or not fabric or dolls are made of washable or hygienic materials.

• Be aware that not all toys are for all children; keep toys for older children out of reach of younger children.

• Toys for infants such as rattles should always be large enough that swallowing them is impossible.

With responsible action, everyone can make this Christmas a safe one for the children who enjoy it.

If your child has been injured as the result of a faulty product, contact a Georgia accident lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: child safety, holiday safety, product liability, toy safety

posted by Michael L. Neff
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Monday, December 21, 2009

Child Found Not Guilty of Murder

Cobb Count Judge Gregory Poole recently found a twelve year old boy not guilty of murdering his cousin. This ruling came immediately after the closing arguments were delivered in this tragic case involving the death of a five week old infant.

The boy, whose name has been withheld, was found guilty of two lesser charges of misdemeanor battery.

“What I found is that you did some things wrong," the juvenile court judge explained to the young defendant. "I haven’t found you did something as bad as they say you did.”

Throughout the trail, Poole took action to make sure the boy understood what was happening, but to spare him the most graphic details of the autopsy, as well as minimize explicit language which may have been beyond the boy’s level.

Even so, while the boy said he understood the judge’s decision, it was not until after he spoke with his lawyer and grandmother that he began crying.

“Can I go home?” the boy asked. In this case, home means returning to his family and his home state of Florida.

The unfortunate answer was no. While found not guilty of murder, the boy’s fate is still undecided. Poole has delayed sentencing until January, but stated that his inclination was to give the boy probation and mandatory counseling.

“I do believe this child is in needs of services. I find that he is delinquent and in need of treatment, rehabilitation and supervision,” the judge said regarding his decision.

Derek Wright, the boy’s attorney, seemed satisfied with the results.

“This child was restored his childhood,” he said. “The ruling goes a long way in saying maybe he did something wrong and something he can learn from.”

Wright has expressed that he feels that through counseling, the boy will eventually be able to return to a normal life. And with the end of the trial, perhaps the boy’s family – a close knit family who regularly travel between states to visit one another – will also be able to start to return to a normal life.

“This family has suffered terrible loss. They lost someone and were at risk of losing another family member,” Wright said. “But there never was a time when the family chose sides, including [the infant’s mother] Brittany.”

And while the trial has no doubt been a strain on the family, there does seem to be some evidence that they are still attempting to maintain their bonds. At one point, the boy’s mother was observed offering comfort to her cousin, the deceased infant’s mother.

On July 4, the boy had been left alone with his infant cousin while her mother was inside a Target store. After 18 minutes of shopping, the mother returned to find her daughter unresponsive. The baby died the next day. The autopsy revealed the cause of death was blunt force trauma – a finding which prosecutors claimed was the result of the boy having shook his cousin and struck her head on some hard surface.

The boy declined to testify at his trial.

Labels: child perpetrator, child safety, infant death

posted by Michael L. Neff
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Thursday, December 17, 2009

Child Injuries from Falling TVs on the Rise

The Associated Press reports that, even though many consumers are replacing heavy televisions with lighter flat-screen TVs, the number of children getting injured or killed by falling televisions continues to rise. According to the U.S. Consumer Product Safety Commission (CPSC), more than 80 of the 180 furniture-related child deaths between 2000 and 2006 involved televisions, and that number has been rising over the years.

Some experts believed that lighter, flat-screen TVs would lead to fewer injuries, but that has not been the case. Perhaps the number of injuries is increasing because more people hanging TVs on walls and placing them in unsafe places where they may not be totally secure.

In 2006 alone, 16,300 children ages 5 and under were treated in emergency rooms due to injuries associated with televisions, furniture, and appliance falls and tip-overs.

“Many parents are unaware of the deadly danger of this hidden hazard,” said CPSC Chairman Inez Tenenbaum. “I urge parents to include securing TVs, furniture, and appliances in their childproofing efforts. Taking a few moments now can prevent a tip-over tragedy later.”

Many parents focus on ground-level hazards when childproofing their homes. But parents must also watch out for higher hazards, such as television on walls or appliances on top of bookcases. For instance, a speaker sitting on top of a bookcase could fall off due to sound vibrations.

“You may think your home is safe, but everyday things like a television can hurt your child. I was right there and it happened,” said Sylvia Santiago who lost her 2-year-old daughter in 2008.

Most injuries of this nature occur when children climb onto or fall against television stands, shelves, bookcases, dressers, desks, chests, and appliances. A television placed on top of a piece of furniture or on top of a rickety stand may tip over onto a child and cause fatal injuries.

“The most devastating injuries that we see resulting from furniture tipping on children are injuries to the brain and when a child is trapped under a heavy piece of furniture and suffocates,” said Dr. Gary Smith of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.

The CPSC offers the following tips to prevent television falls and other furniture tip-over injuries among children:

Furniture should be stable on its own. For added security, anchor chests or dressers, TV stands, bookcases and entertainment units to the floor or attach them to a wall.

Place TVs on a sturdy, low-rise base. Avoid flimsy shelves.

Push the TV as far back as possible.

Place electrical cords out of a child’s reach, and teach kids not to play with them.

Keep remote controls and other attractive items off the TV stand so kids won’t be tempted to grab for them and risk knocking the TV over.

Make sure free-standing ranges and stoves are installed with anti-tip brackets.

Of course, some of these child injuries are caused by defective products or negligence on the part of a property owner. If your child has suffered such a personal injury, contact a Georgia accident lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: child proofing, child safety

posted by Michael L. Neff
0 Comments

Monday, December 14, 2009

Parent’s Guide for Child Brain Injuries

Few injuries are more devastating than traumatic brain injuries in children. A brain injury may not only hinder your child’s abilities to enjoy life but it may also seem to change your child’s personality and core identity. Parents of children with brain injuries must understand that brain injuries can have physical and behavioral consequences.

A child with a traumatic brain injury might experience symptoms such as constant fatigue, depression, anger, reduced cognitive skills, and immature or impulsive behavior. Fatigue is a common problem among children with brain injuries. Allow your child to rest, even if it seems like they should not need the rest. Keep in mind that a brain injury can cause all sorts of problems that a child may not be able to communicate. For instance, brain injuries often cause vision problems and extreme sensitivity to light. If your child throws a temper tantrum when you turn on a light, it could be because of the brain energy. After a brain injury, try to avoid forcing your child back into regular life and activities too quickly. Be patient. Your child will be ready to play and learn again as soon as the mental energy returns.

Depression is another common response to child traumatic brain injury. It’s not uncommon for the child and the parents to become depressed. Parents may experience feelings of guilt and grief. Understand that these feelings are normal, but it’s not normal if they continue for an extended period of time. Seek professional help if you suspect that you are clinically depressed. You need to be there for your child. Furthermore, some parents might direct their guilt or sadness toward others in the form of angry lashing out. This is not healthy. Try to set a good example for your children by maintaining control even in the most difficult situations.

A child traumatic brain injury may cause extreme changes in behavior. Angry outbursts may erupt as the child readjusts to life. Look for problem areas and try to help your child get past the anger. Immature behavior may appear after a brain injury, too. Keep in mind that your child may not be acting inappropriately on purpose; the behavioral changes could very well be due to the injury.

It’s also important to note that some behavioral changes may not appear immediately after the brain injury. Some changes may not appear until days or weeks after the injury. It’s important to take children to the doctor any time they experience a head injury. The injury could be worse than you suspect, especially when it comes to young children who do not have a fully developed skull.

It’s your responsibility as parent to help your child get through brain injury recovery - and that means you should seek help when you need it. If someone else was at fault for your child’s brain injury, you may be entitled to recovery. Contact a Georgia brain injury lawyer as soon as possible Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: brain injury, child safety

posted by Michael L. Neff
0 Comments

Four Year Old Survives Brush with Train

Elijah Anderson is one lucky boy. The doctors who treated him have taken to calling him Superman, because it seems he would have had to have been made of steal steel to survive being hit by a train.

Somehow, he did though, and with no other signs of emerging superpowers.

On Nov 5, this four year old boy was playing with his dog outside of his family’s home in northwest Atlanta. Elijah chased the dog – a Jack Russell terrier named Poochy – behind the Lamar Avenue home to the train tracks on Wilson Boulevard.

The boy was focused on the dog to such an extent that he did not notice the oncoming train, explained his mother.

The train was traveling at 30 mph when it struck the boy, throwing him clear of the tracks. The train’s conductor reported that he say Elijah on he tracks, but did not have sufficient time to stop the train to avoid him.

The incident left the four year old stunned and in pain.

“He couldn’t even cry because it hurt so bad,” Elijah’s mother said in an interview with AJC. “His eyes were closed and he couldn’t move.”

Paramedics who arrived on the scene were quick to take Elijah to Children’s Healthcare of Atlanta at Egleston, where he was treated for a concussion and received stitches. Within twenty-four hours his condition was upgraded from critical to good. Two days later, miraculously, he was home and eager to go back to playing outside. His dog was not injured, and presumably also eager to return to their normal routine.

Elijah and his twin sister were under the supervision of their thirteen year old sister when the accident occurred. Now, they are not allowed to play outside without their mother present. Instead, they play in the house. And everyone is incredibly relieved that he is able to play at all.

“I’m so blessed. He’s so blessed,” his mom said as she prepared the twins for Christmas shopping. “We have all the presents we need.”

With 15 deaths last year, Georgia ranks tenth in the United States for train related pedestrian fatalities. Another 8 were injured last year by trains. Nation wide, 452 pedestrians were killed by trains.

Pedestrians do not have the right of way on train tracks, and as in this case, it is normally physically impossible for a train to stop once the conductor has seen someone on the tracks in front of them. According to the non-profit Operation Lifesaver, it takes the average freight train a mile to come to a stop when it’s traveling at a speed of 55 mph.

“There was no way they could have stopped for that little boy,” said Jennie Glasgow, Georgia coordinator for Operation Lifesaver. “People don’t have the right of way on the tracks. They are breaking the law and risking their lives.”

Police say that CSX, whose train was involved in the incident, will not be held responsible for the accident.

Labels: child safety, train accident

posted by Michael L. Neff
0 Comments

Thursday, December 3, 2009

Power Windows Pose Risk of Child Injury

KidsAndCars.org, a national nonprofit organization dedicated to reducing child injuries in and around vehicles, recently published research data that contests estimates by the National Highway Traffic Safety Administration (NHTSA) and exposes the child safety risk posed by power windows on vehicles. The research shows injuries to occupants in vehicles equipped with power windows to number in the tens of millions; this is in sharp contrast to the NHTSA estimates of less than 2,000.

According to the press release from KidsAndCars.org, NHTSA concluded that safety technology such as auto-reversing systems (ARS) does not need to be mandated because so few people are injured by power windows. KidsAndCars.org is urging the NHTSA to reexamine its data and mandate ARS technology for all vehicles sold in the U.S.

Rep. Jan Schakowsky, D – IL, has said, “Without question, vehicle safety for the citizens of this country is one of our main responsibilities. As far as the dangerous potential of power windows is concerned, automakers have existing technology to prevent millions of injuries and deaths, and we should require them to utilize this preventive technology to save lives.”

The new research, commissioned by KidsAndCars.org, was conducted via telephone and online surveys and administered by the research firm Harris Interactive in October 2009.

Results of the research indicated the following:

More than 13 million U.S. adults have injured someone they know by closing a car window.

Over 22 million U.S. adults have been personally injured or know someone who has been personally injured by someone else closing a car window.

Over 10 million U.S. adults have been personally injured by someone else closing a car window but did not seek medical care, thus they were not included in any government data collection efforts.

ARS technology reverses a window when an obstruction is detected, thus preventing passengers from being injured by the force of power windows. The NHTSA estimated 1,943 injuries and six deaths annually due to power windows. The KidsAndCars.org data suggests that a significantly larger number of people are injured by power windows each year.

“We’ve known for a long time that millions of people are injured by power windows. When you bring up the topic, everyone has a story about an incident they are familiar with,” said Janette Fennell, KidsAndCars.org founder and president. “And even though the NHTSA believes mandated ‘pull-up’ switches will rectify this issue by eliminating injuries caused by inadvertent activation of the window, our data proves that it is someone else in the vehicle that causes the majority of the injuries. Common sense, life-saving technology exists and can be easily implemented, as it has been on garage doors and elevators, to prevent senseless child deaths and injuries.”

ARS technology, which costs about $6 per window, is a simple way to prevent injuries and deaths. The technology is standard on most European vehicles but found in less than half of the vehicles made in the U.S.

If you’ve been seriously injured because of someone’s carelessness or a defective product, contact an experienced Georgia personal injury attorney immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: child safety

posted by Michael L. Neff
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