North Carolina Injury Lawyer Blog

The American Academy of Pediatrics is reporting that every five days, at least one child in the US dies from choking accidents involving food. Now, the academy is calling on food manufacturers and the federal government to put into place a food labeling system that would warn parents that the food is a choking hazard.

The academy says choking is the number one cause of fatality among kids younger than age 15, with kids under age 5 at highest risk of choking. One reason for this is that kids in this age group don’t have all of their teeth. This can make it hard for them to grind the food down enough that they can easily swallow.

More Kid Choking Accident Facts:

• Over 10,000 kids end up in the emergency room every year because of choking accidents involving food.

• A 2002 Centers for Disease Control and Prevention Study reports that about 100 kids a year die from food-related choking accidents.

• HealthyChildren.org, a Web site powered by pediatricians, says food is the most common cause of child choking injuries.

Food that is small enough to enter a child’s throat yet large enough to get stuck their, blocking the airway, can cause oxygen deprivation. If not alleviated quickly enough the obstruction can lead to a traumatic brain injury and even death.

Some foods that pose a high choking hazard risk include:

• Apples
• Peanuts
• Grapes
• Raw carrots
• Hot dogs. Considered by some pediatricians as the number one food choking hazard
• Certain candies

If your son or daughter was injured or died because of a food choking accident that the manufacturer could have prevented by designing/packaging their food product in a safer form or warning parents that about the choking hazard, you may have grounds for filing a Charlotte, North Carolina injuries to children lawsuit.

Pediatricians call for a choke-proof hot dog, USA Today, February 22, 2010

Labels urged for foods that can choke kids, CNN, February 22, 2010

Related Web Resources:
Choking Episodes Among Children, CDC

Food choking hazards and children: What parents need to know, Consumer Reports

Continue reading "American Academy of Pediatrics Want Warning Labels on Food that Pose a Child Choking Hazard" »

The family of Atlas Fraley has filed a North Carolina wrongful death lawsuit alleging medical malpractice. Fraley, 17, called 911 on August 12, 2008 because he was experiencing cramping and dehydration after participated in a football scrimmage earlier that morning. Fraley was a student at Chapel Hill High School.

Paramedic James Griffin arrived at the scene. Orange County, EMS records note that the medical worker gave the teenager Gatorade and water before leaving him alone. By the time Fraley’s parents, Malinda and David, arrived home several hours later, their son was already dead. Autopsy findings indicate that Fraley may have suffered a fatal heart attack. The Fraleys’ North Carolina wrongful death complaint accuses Griffin, Orange County Emergency Services, and the County of Orange of failing to provide their son with the proper emergency medical care that could have saved his life.

Griffin has resigned from his job. According to an internal probe conducted by Orange County, the former paramedic neglected to: take the teenager’s vital signs, check his temperature, advise him regarding when to see a doctor, take him to a medical facility where he could be treated for hyperthermia, call the boy’s parents, consult with a doctor, and fully document the medical exam he gave the boy. Griffin claims he tried to call Fraley’s parents, but there are no records of the call being made.

Paramedic Malpractice
EMS workers, like all medical professionals, are expected to provide patients with a certain level of care. People contact 911 for medical help because they are experiencing a health emergency. When failure to provide the proper medical care results in injuries, illness, or death, the victim may have grounds for filing a North Carolina medical malpractice complaint.

Paramedic errors have included:

• Failure to transport patient to hospital in a timely manner
• Wrong diagnosis
• Late ambulance arrival
• Failing to proper treatment/evaluation protocol
• Administering the wrong medication
• Improper medical care
• Other medical mistakes

Parents sue in player's death, NewsObserver.com, February 7, 2010

Chapel Hill schools investigating football player's death, WRAL, August 15, 2008

Related Web Resources:
Orange County, NC Emergency Management Services

Chapel Hill High School

A 7-year-old boy required over 100 stitches after he mauled by a neighbor’s pit bull. Ravion “Ray Ray” Cunningham was riding his bike last week when the 1-year-old pit bull mix attacked him.

One neighbor who witnessed the South Carolina dog attack and ran to Cunningham’s rescue says she thinks the dog was trying to play with the boy and got excited when the 7-year-old ran away. Cunningham sustained buttock and facial injuries and part of his right ear was severed during the South Carolina dog bite incident.

While hospital staffers were able to reattach the boy’s ear and stitch up his wounds, doctors have said that the boy likely will have permanent scars. Ravion’s mother, LaQuantra Cunningham, says her son had nightmares after the dog attack.

Police have cited Luis Muniz, dog owner for allegedly violating the city of Rock Hill’s ordinance that dangerous dogs must be muzzled or contained. Muniz told journalists that his family has given the pet to animal control and told police to euthanize the dog.

North Carolina Dog Bite Injuries
Dog bite injuries can be very painful and, depending on the severity of the injuries, can result in extensive scarring and permanent disfigurement. Kids are especially prone to serious, disfiguring injuries. Dogs can more easily reach their faces during an attack and a child who sustains dog mauling injuries may have to wait until he or she is fully grown before undergoing plastic or reconstructive surgery. In the meantime, the child must grow up with scars and other disfiguring injuries, which can negatively impact the self-esteem and affect one’s social development.

You may be able to hold the dog owner liable for your dog bite injuries, which can be extremely costly to treat and recover from.

7-year-old attacked by neighbor's dog, Charlotte Observer, January 19, 2010

Boy, 7, requires more than 100 stitches after pit bull attack in Rock, Herald Online, January 17, 2010

Related Web Resources:
Dog Bite Prevention, CDC

Dog Bite Treatment, MedicineNet

Continue reading "Boy Requires Over 100 Stitches Following South Carolina Dog Attack by Neighbor’s Pit Bull" »

Dorel Asia SLR and the US Consumer Product Safety Commission are recalling about 635,000 cribs, following 10 injuries to infants and one child death. The crib manufacturer and the CPSC are concerned that if the hardware that holds up the crib’s side fails, the drop side might detach, which could lead to suffocation or entrapment.

So far, there has been one related death involving a 6-month-old Iowa baby who was fatally injured as a result of strangulation and entrapment. The CPSC and Dorel Asia have received 31 reports of drop side accidents. Six of them involved kids who became entrapped between the mattress and the crib’s drop side. Three babies sustained bruises. There have also been 36 reports of cribs’ slats breaking. Two children became entrapped because of this. Fortunately they were not injured. Seven babies sustained scratches and bruises.

Consumers are urged to stop using the recalled cribs and contact the manufacturer for a free replacement kit.

This latest crib recall comes just one day after the CPSC and Carmia Furniture recalled 1,000 Diana cribs due to worry that the slats on the drop-sides might detach, potentially causing the child to become entrapped in the crib or fall to the ground. There have been 18 reports of the slats detaching from the cribs rails.

Over the last few years, the entrapment, suffocation, and fall hazards posed by drop-side cribs have become issues of great concern to parents, guardians, and child safety advocates. Since December 2005 more than 2 million drop-side cribs have been recalled. At least 11 infant deaths have occurred because of drop-side crib defects. And there are those, including manufacturers, who are calling for a ban on the manufacture of drop-sides cribs.

Drop-Side Crib Defects
While drop-side cribs offer the convenience of allowing a parent easy access to their child because one side of the crib can be lowered, these cribs have proven prone to hardware warping, slat breakage, and drop-side detachments. These product defects can create an opening between the drop side and the crib mattress that a child can easily become entrapped in, which may lead to suffocation if the infant or toddler stays trapped for too long. A drop-side that detaches or drops suddenly can also cause fall accidents, which can lead to head injuries and other child injuries.

It is inexcusable for your child to get have gotten hurt because a product manufacturer was negligent. You may have grounds for filing a North Carolina products liability lawsuit involving injuries to a child.

Dorel Asia Recalls To Replace Cribs; Pose Strangulation and Suffocation Hazards, CPSC, January 19, 2010

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009

Related Web Resources:
Report: Drop side cribs can be dangerous, ABC, June 24, 2009

Dorel Industries

Continue reading "Products Liability: 635,000 Cribs by Dorel Asia SLR are Recalled after 1 Infant Death and 10 Injuries to Children" »

North Carolina and South Carolina parents with Maclaren strollers have reason to be concerned following reports that 12 children suffered fingertip amputations in the hinges of the foldable umbrella models. Following the child injury accidents, Maclaren and the US Consumer Product Safety Commission are recalling approximately one million strollers.

In some of the injuries to children cases, fingers were lost. Carlos DeWinter, 23 months, lost his right pinky in July 2003. He underwent multiple surgeries but doctors were not able to reattach it. His family filed a products liability lawsuit against Maclaren. The injury complaint was settled out of court.

Some people are wondering why the stroller manufacturer, a company that has long enjoyed a reputation for making dependable strollers, waited until so many amputation injuries happened before announcing a recall.

Nine models are named in the recall, which includes double and single strollers: Twin Techno, Quest Sport, Volo, Easy Traveller, Techno XT, Triumph, Twin Triumph, Quest Mod, and Techno XLR. The strollers were sold in the US between 1999 and 2009.

The kids’ fingertips were amputated while the umbrella strollers were being unfolded open/locked into place. Possible laceration injuries are also a concern. As part of the recall, Maclaren is offering safety kits that provide protective shields for the hinges.

Meantime, CPSC has decided to look at other umbrella strollers that come with similar hinge mechanisms to make sure other kids are not injured in the same manner.

A finger amputation can be an extremely traumatic and painful experience. Reattaching fingertip or finger does not mean full recovery. He or she may have undergo numerous surgeries, suffer loss of feeling in the finger, and sustain permanent disfigurement.

Our Charlotte, North Carolina injury lawyers represent clients with injuries to minor complaints whose kids were injured in car accidents, truck crashes, premises liability accidents, due to medical malpractice, or because of defective products.

Government Looks at Other Strollers After Maclaren Recall, November 10, 2009

For 5 Years, Maclaren Knew Strollers Were Amputating Fingers, Gothamist, November 12, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:
Maclaren

Safe Kids Worldwide

Continue reading "North Carolina Injuries to Children: 1 Million Maclaren Strollers Recall Warns about Fingertip Amputation Hazard " »

According to Safe Kids USA, a child’s chances of dying in a pedestrian accident more than doubles on Halloween night. 4-10pm on October 31 is when child pedestrian fatality statistics go from 1 child death/night (for these same six hours) to 2.2 kid fatalities for the evening.

One reason for the increased danger is because kids who trick or treat are likely to walk outside in the dark when it is harder for drivers to see them—especially if they are small in size or short in height. Also, a child dressed in full costume, such as a mask or a headdress, might have a hard time seeing approaching vehicles.

North Carolina Child Pedestrian Accidents
While there are steps that parents and kids can take to prevent North Carolina child pedestrian accidents from happening, such as using a flashlight, not jaywalking, and making sure that costumes are easily visible for motorists, drivers are responsible for exercising caution and watching out for pedestrians regardless of the time of day or the year.

Careless or reckless driving can be grounds for a South Carolina or North Carolina pedestrian lawsuit involving injuries to minors if a child is hurt because of driver negligence.

To avoid causing a Charlotte, North Carolina pedestrian accident, you might want to look at the following suggestions offered by the The National Safety Commission:

• Look out for trick or treating kids.
• Make sure headlights are on so that you are visible.
• Do not drive drunk.
• Do not talk on the cell phone.
• Do not text message.
• Check your blind spots.
• Expect that a child might decide to run between cars or cross the street without looking.
• Consider driving lower than the posted speed limit.
• Be ready to stop at any moment.
• Be patient with child pedestrians.
• Try not to go around or pass vehicles that are stopped.

Related Web Resources:
Real horror of Halloween: Pedestrian deaths, USA Today, October 26, 2009

Holiday Driving: Halloween Safety Tips, The National Safety Commission, October 13, 2009

Related Web Resources:
Top Ten Tips for Safe Trick-Or-Treating this Halloween , Safe Kids USA

Pedestrians, 2008 Traffic Safety Fact Sheet, NHTSA (PDF)

Continue reading "Kids are Twice as Likely to Die in North Carolina Pedestrian Accidents on Halloween Night, Says Safe Kids USA" »

The Law Offices of Michael A. DeMayo, LLP is proud to offer 15 high school seniors the chance to win a $2,500 college scholarship--$37,500 in total. The winners will be selected based on several criteria, including their respective presentations on how to prevent minors from driving while drunk.

Winners will be selected from one of the 23 North Carolina and South Carolina counties where our Charlotte, North Carolina injury law firm represents clients, including the North Carolina counties of Cumberland, Anson, Richmond, Scotland, Robeson, Burke, Alexander, Iredel, Stanly, Caldwell, Rowan, Lincoln, Cleveland, Cabarrus, Union, Catawba, Gaston, and Mecklenburg and the South Carolina counties of Dillon, Marlboro, Chesterfield, Lancaster, and York. Applicants must have applied to study full-time at a four-year college or university.

Charlotte car accident lawyer Michael A. DeMayo, who has awarded $125,000 in scholarships since establishing the college fund in 2003, understands the tragic consequences that can arise when a traffic collision happens because someone was driving drunk.

Unfortunately, there are teen drivers who drive drunk. Combining drunk driving with driver inexperience and the propensity to become easily distracted dramatically increases the chances that a teen motorist will cause a deadly South Carolina or North Carolina car crash.

Findings from two studies, recently published in Pediatrics, report that when a parent is very involved in monitoring and restricting a teenager’s driving habits, the minor’s drinking and driving rate goes down by 71%, while the chances he or she will become involved in a car crash drops by about 50%. Teen drivers also were 29% less likely to text and talk on the cell phone while driving. Parental involvement can consist of setting up driving rules and regulating a teen's driving habits and activities.

Educating young drivers about the dangers of drunk driving is essential to saving lives. It is important that teenagers educate themselves and each other about the deadly dangers that come with driving under the influence of alcohol or drugs.

Our Charlotte car accident law firm will award the 15 college scholarships based on each applicant’s teen drunk driving presentation, high school transcript, letters of recommendation, and SAT scores. Deadline to submit an application is March 1, 2010. Winners will be selected on April 9. For more specifics about contest rules, visit the Law Offices of Michael A. DeMayo on the Internet.

The Law Offices of Michael A DeMayo, LLP's annual scholarship program

Firm Parents Keep Teen Drivers Safe, US News & World Report, September 25, 2009

Related Web Resources:
MADD North Carolina

Pediatrics

It’s been official for some time now. Texting while driving is dangerous. So why do many people still do it? The risks that come with this bad driving habit are the focus of this week’s Distracted Driving Summit being held by the US Department of Transportation.

At the opening of the two-day conference, Secretary of Transportation Ray LaHood provide attendees with the National Highway Traffic Safety Administration's 2008 distracted driving statistics:

• 515,000 injuries
• 5,870 deaths
• On any day, nearly 800,000 drivers used a handheld cell phone

While drivers under age 21 make up the greatest portion of distracted drivers, there are many adults who text and drive. Our Charlotte, North Carolina car accident lawyers realize that it can be difficult to fathom how texting, a seemingly harmless activity, can be so deadly. But the statistics, research findings, and the number of people whose lives have been destroyed because they were injured or lost a loved one in a cell phone crash or a text messaging accident can no longer be ignored.

Virginia Tech Transportation Institute recently reported that large truck drivers increase their crash risk by 23 times when they text and drive. Merely reaching for communication device or dialing a cell phone increased the chance of a car accident or a truck collision by six times. The AAA Foundation for Traffic Safety says that more than 1 million auto crashes a year that happen in North American can be linked to driver inattention.

Texting while driving becomes illegal in North Carolina beginning December 2009. There is still no law banning motorists from texting in South Carolina. Unfortunately, even with all the information and new laws, there will be still people out there who will risk their lives and the lives of others to make that cell phone call, send a text, turn the iPod dial to find the perfect song, or surf the web on their Blackberry or iPhone to stay abreast of the latest news headlines.

New Research Finds Increase in Use of Hand-Held Devices Among All Drivers, DOT.gov, September 30, 2009

Texting Trouble: Transportation Summit to Address Distracted Driving, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

AAA Foundation for Traffic Safety

Continue reading "NHTSA Reports Nearly 6,000 Distracted Driving Deaths in 2008" »

Good news for children 17 years of age and under in North Carolina. The death rate in the state for minors hit its lowest level yet in 2008, dropping 5% from the year before to 71 fatalities for every one hundred children.

According to the North Carolina Child Fatality Task Force, 1,573 minors died in 2008. That’s a definite drop from the 1,649 North Carolina child deaths in 2007.

There are 2.2 million people younger than 18 who are residents of North Carolina. Task force members attribute the decline to better child safety laws and greater spending on the issue of child safety. Other figures revealed by the task force include:

• 39% increase (compared to 2008) in sudden infant death syndrome.
• A 13% decline in the number of motor vehicle-related child deaths (better quality child safety seats and higher gas prices are credited for the decline)
• A 29% drop in fire-related fatalities
• 3 bicycle fatalities
• 18 poisoning deaths
• 58 children were murdered

There is nothing more devastating to a parent than to have a child die in an accident—especially in an accident that was caused by someone’s carelessness or negligence during a Charlotte car accident, a Hickory truck crash, a Raleigh bicycle collision, an apartment fire because a hazardous condition in the building that created a North Carolina premises liability, or another type of personal injury accident.

Fortunately, you can hold the responsible party liable by filing a North Carolina wrongful death claim. If your child was fortunate to survive the injury accident, you can also claim damages with your North Carolina injuries to minors lawsuit.This allows a parent or guardian to obtain personal injury recovery on the young victim’s behalf. This can be very important—especially if your child will have to undergo costly medical treatment and rehabilitation to recover or live for the rest of his or her life with a permanent injury.

NC rate of child deaths falls to lowest level, Charlotte Observer/AP, September 14, 2009

Related Web Resources:
County Level Child Death Data, NCChild.org (PDF)

NC Department of Health and Human Services

According to data from the Fatality Analysis Reporting System, there were 37,261 US traffic deaths in 2008. 1,433 of those fatalities occurred during the 1,324 North Carolina motor vehicle accidents that happened last year. Nationally, there were:

• 50,430 motor vehicle crashes
• 25,428 motor vehicle occupant deaths
• 714 bicyclist deaths
• 1,045 child traffic fatalities (under age 13)
• 4,054 teen traffic deaths
• 4,268 of the fatalities were older seniors (ages 70 and over)
• 4.008 large truck deaths
• 5,091 motorcyclist deaths
• 4,378 pedestrian deaths

Motor vehicle accidents continue to be a leading cause of fatalities in the US. The injuries and deaths that are a result of auto collisions can take huge physical, emotional, mental, and psychological tolls on traffic crash victims and their families. This is one reason that you should contact an experienced Charlotte, North Carolina injury law firm as soon as possible.

As our North Carolina motor vehicle crash lawyers reported previously, the number of traffic deaths declined between 2008 and 2007, when there were 1,705 traffic deaths in the state. Yet we cannot ignore the fact that lives are still being lost in motor vehicle collisions due to defective auto parts, defective roadways, and negligent drivers.

In addition to the hazards posed by drivers who drive drunk, speed, or fall asleep while operating their motor vehicles, modern technology now has presented us with the additional dangers of talking on the cell phone, text messaging, updating one’s Facebook status, or Twittering while driving. These activities may seem harmless are enough, but they really aren’t when coupled with operating a motor vehicle.

No two North Carolina traffic crashes are alike, which is why you should speak with a Charlotte motor vehicle crash lawyer who is experienced in dealing with your type of motor vehicle accident. The sooner you start exploring your legal options, the easier it will be to focus on physical recovery while your Hickory, North Carolina injury lawyer begins the claims process for you.

Fatality Facts, Insurance Institute for Highway Safety

Related Web Resources:
National Highway Traffic Safety Administration

Fatality Analysis Reporting System

An appellate court judge in Fayetteville says that the North Carolina wrongful death lawsuit filed by the family of 17-year-old Jesse Marquil King can go forward. King drowned in August 2005 after he fell into a flooded ditch during a rainstorm. The ditch’s pipe dragged the teenager under the water. His family is suing the city of Fayetteville for his drowning death and is accusing the city of negligent maintenance of the drain system.

In a unanimous decision, the three-judge panel agreed that North Carolina law doesn’t provide immunity against the state when it comes to operating storm drains. This ruling upholds a trial judge’s decision and allows the Fayetteville wrongful death lawsuit to move forward.

Premises Liability Lawsuits
Property owners and managers are supposed to make sure that there is no condition on the premise that could lead to personal injury or wrongful death. Inadequate maintenance, when a landowner neglects to maintain a premise or something on the property that could cause injury, is one reason for filing a North Carolina premises liability civil complaint for damages if someone gets hurt.

Storm drains are supposed to help drain water or melting snow off the streets so that the streets don’t flood. Unfortunately, storm drain accidents are not uncommon, especially if the grate has some defect that allows a person or a bicycle to fall into it. Fall accidents can lead to broken bones, dislocated body parts, neck injuries, back injuries, spinal cord injuries, and neck injuries. In King’s case, falling into a storm drain caused him to drown.

Government and safety officials can be held liable if there is an unsafe condition on a road that causes an injury or death to happen.

Ruling allows wrongful death suit against Fayetteville to proceed, FayObserver.com, August 5, 2009

Related Web Resources:
Read the Court's Opinion (PDF)

Premises Liability Overview, Justia

A 9-year-old girl was rushed to the hospital on Thursday after the neighbor’s pit bull attacked her. The Charlotte, North Carolina dog mauling incident happened in the girl’s own home after a neighbor brought the pet over so her family could consider whether to buy it.

Giselle Moquete, 9, was petting “Rocky” when he suddenly started mauling her face. The pit bull’s owner, Johnathan Hall, pulled the dog off the girl. Hall says a man he met while shooting basketball had given him the dog the day before the dog attack occurred.

Giselle had to get stitches for her facial injuries. Meantime, Rocky has been quarantined. The Charlotte-Mecklenburg Police Department says they won’t file charges against Hall, who is unfamiliar with the dog’s history.

While not all pit bulls are dangerous, the police department says that they get a number of calls each year regarding Charlotte dog bite incidents involving pit bulls. This breed of dog is one of the most common breeds in the Charlotte-Mecklenburg area.

If someone you love was injured in a Charlotte dog attack, you should talk to a North Carolina personal injury law firm to determine whether you should file a personal injury case.

Young children are especially vulnerable to dog bite injuries. Because young kids are smaller and shorter than adults, they are more likely to sustain neck and head injuries during a dog attack. According to research published in the March issue of Otolaryngology-Head and Neck Surgery, a large number of dog attacks happen during the summer. One reason for this could be that kids are out of school and are spending more time outdoors where dogs may also be playing. Dogs may also become more easily irritated when the weather is hot.

The study reported that areas of the neck and the head that dogs are most likely to bite include the:

• Cheeks
• Lips
• Ears
• Nose

Pit bulls were the dogs most likely to cause facial injuries during dog attacks. 64% of young children that sustained neck or head injuries sustained injuries in more than one area.

9-year-old girl recovering after pit bull attack, News 14 Carolina, July 24, 2009

9-year-old hospitalized after pit bull attack, WCNC, July 24, 2009

Dog Bites A Particular Threat To Young Children, Especially As Temperatures Rise, Science Daily, March 2, 2009

Related Web Resources:
Otolaryngology-Head and Neck Surgery

Pit bulls at top of fatal attacks, SF Gate, June 23, 2005

In Durham County, the parents of Lucas Lear are suing Chapel Hill daycare operator Cheryl McAdoo Alston for the 7-month-old's permanent traumatic brain injury. The North Carolina injuries to minor complaint accuses Alston of injuring the boy, who was attending her Cheryl's Infant and Toddler Preschool, and neglecting to get him medical care in a timely manner after she allegedly hurt him. The Lears are seeking over $10,000 in damages for their son’s personal injury.

A North Carolina traumatic brain injury lawsuit is not the only legal woe that Alston must contend with. She was arrested last week for allegedly shaking Lucas so violently that now, more than two months after the injury, Lucas is under close observation at UNC Hospital’s neonatal unit. The Lears say that their son is impaired for life, and it is too soon to tell whether he will be able to walk or talk normally again.

Alston, who has spent most of her life taking care of babies, has lost her license to run her at-home day care, and an Orange County, North Carolina judge has ordered the 53-year-old woman to stay away from kids.

Alston claims that she went to go wash her hands after putting Lucas in a car seat. When she returned, he wasn’t responding. She says she grabbed the baby out of the seat and his head fell back when she tried to press him into her shoulder. Lucas’s father, Chris Lear, arrived at the day care center at this time.

Alston says she would never hurt a child. However, this is not the first time that social workers have questioned the care that Alston provides at her day care center.

In April 2008, North Carolina investigators interviewed Alston about another child under her charge who sustained injuries. The child’s guardian was worried that Alston had failed to properly supervise the boy and that another child might have fallen on him.

Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are usually caused by a jolt or blow to the head or an injury that is penetrating enough that the brain’s functioning is disrupted. Depending on the severity of the TBI, the injury can be mild, resulting in temporary impairment, or severe, resulting in permanent or fatal brain injuries.

Daycare operator sued over abuse, ABC Local, July 21, 2009

Day care operator charged with injuring baby, NewsObserver.com, July 22, 2009

Related Web Resources:
Traumatic Brain Injury, CDC

Abusive Head Trauma, KidsHealth.org

With almost 300 kids under age 5 drowning in pools and spas every year, it is important that spa owners and managers implement all the necessary safety precautions to prevent more North Carolina child drowning injuries and deaths from happening.

Safety initiatives that pool and spa owners and supervisors can take:

• Make sure that the pool is fenced in and that the barricade is high enough to prevent children from being able to climb over or open the gate without adult supervision.
• Don’t allow kids into a pool or spa without adult supervision.
• Install pool alarms just in case a child manages to enter the pool or spa area without supervision.
• Make sure that the person in charge of supervising the pool area is someone that knows how to swim and is actually paying attention to the kids that are in the pool.
• Install the new federally mandated pool and spa safety drains that are designed to prevent kids and adult from getting suctioned to the bottom of the pool or spa and drowning.

Drowning accidents are often fatal. Earlier this month in Raleigh, a 5-year-old boy drowned at the North Hills Club pool. Some 50 people were there attending a party at the time of the tragic North Carolina drowning accident and there were four lifeguards on duty.

According to police, the child went to the pool area with an aunt and uncle. He wandered to the adult pool while they stayed by the children’s pool. A swimmer saw the boy at the bottom of the pool. Lifeguards retrieved the him and they performed CPR while waiting for paramedics. The child was taken to WakeMed where he was pronounced dead.

In May, a Greensboro boy also died n a pool drowning accident. The tragic incident occurred in South Carolina. According to the coroner’s office in Myrtle Beach, Owaes Tabbakh was at the Beach Colony Resort when a lifeguard discovered him floating in a pool. The lifeguard performed CPR on him until paramedics arrived. Emergency workers were unable to revive the boy who was later pronounced dead.

In the event that an adult or child survives a North Carolina or South Carolina drowning accident, he or she may be left with permanent traumatic brain injuries. The drowning victim may require lifelong, round-the-clock, costly medical care.

Child drowns in North Hills Club pool, WRAL.com, June 10, 2009

4-year-old drowns in Myrtle Beach, CarolinaLive.com, May 29, 2009

Related Web Resources:
Pool and Spa Submersion: Estimated Injuries and Reported Fatalities, 2009 (PDF)

Virginia Graeme Baker Pool Spa and Safety Act (PDF)

PoolSafety.gov

Continue reading "North Carolina Premises Liability: Two Recent Child Drowning Accidents in Hotels Claim Lives" »

In Henderson County, a 16-year-old driver died on Tuesday when the vehicle he was driving went off the road and hit a tree. According to North Carolina Highway Police, Travis Sain was driving approximately 50mph in a 40mph zone. Another teenager who was riding in the car with him was transported to Mission Hospital.

This is the third teen motorist death in Western North Carolina already this year. On January 29, a 15-year-old passenger died in a single-vehicle crash that occurred close to Waynesville. The vehicle’s driver was the same age. Earlier in January, a 16-year-old driver died after he drove off the road and hit a tree close to Canton. The teen driver was reportedly driving nearly twice the speed limit in a 35 mph zone.

For the entire 2008, there were only four reports of fatalities involving teen drivers in this area. Speed was cited as a cause in two of those deadly North Carolina motor vehicle crashes.

The National Highway Traffic Safety Administration says that in 2007:

• 3,184 young drivers died in US motor vehicle crashes.
• 252,000 young drivers sustained injuries.
• 6,982 young drivers were involved in 55,681 deadly auto accidents.
• 1,631,000 young drivers were involved in traffic accidents that were reported to police.
• 31% of young drivers involved in deadly accidents lacked a valid driver’s license when the accident happened because of a license revocation or suspension.

While North Carolina law allows teenagers to get their driver’s license when they turn 16, this does not instantly make them good drivers. Learning how to drive properly and safely takes time and experience.

According to a study conducted by The Children’s Hospital of Philadelphia and Sponsored by the State Farm Mutual Automobile Insurance Company, the three most common risk factors for people ages 8 to 17 that can lead to motor vehicle deaths are riding with young drivers, riding without seat belts, and riding on fast speeding roads.

Henderson teen dies in traffic accident, Citizen-Times.com, February 5, 2009

Teen Drivers, Insurance Information Institute, January 2009

Related Web Resources:
2007 Young Driver Traffic Safety Facts, National Highway Traffic Safety Administration

North Carolina Teen Drivers Guide, DMV.org

Continue reading "Another Teenager Dies in North Carolina Traffic Accident" »

The World Health Organization has released its World Report on Child Injury Prevention. Among its findings is that motor vehicle deaths continue to be the leading cause of child fatalities. Almost a million children die around the globe annually because of accidental injuries, many of which are preventable.

The WHO Report's Leading Causes of Accidental Child Injuries:

1. Traffic Accidents: 260,000 kids a year are killed. 10 million others are injured. This is also the #1 cause of fatalities among children, ages 10-19. Motor vehicle crashes are also the #1 cause of child disabilities.

2. Drowning Accidents: While some 3 million children survive drowning accidents each year, about 175,000 others are killed. Many drowning accident survivors suffer from permanent brain damage.

3. Burn Accidents: 96,000 kids die each year from their burn injuries.

4. Fall Accidents: 47,000 youths die every year because they fell. Hundreds of thousands of children survive fall accidents, but with injuries.

5. Accidental Poisoning: Over 45,000 youths are killed annually because they ingested something that was poisonous.

The WHO’s Department of Injuries and Violence Prevention director, Dr. Etienne Krug, says that injuries become the number one cause of child deaths once a young person turns 9. In the US, these leading causes of child injuries and fatalities are also among the common causes for personal injury and wrongful death lawsuits involving injuries to minors.

If your son or daughter died in a North Carolina auto accident, bus crash, pedestrian accident, bus collision, train accident, premises liability accident, or fall accident, there are steps you can take to make sure that you hold the liable party responsible and that you get your child the medical care he or she needs to recover.

Injury Risks For Children Vary Around The World, Washington Post, December 23, 2008

Traffic Accidents Top Cause Of Fatal Child Injuries, NPR, December 10, 2008

Related Web Resources:

World Report on Child Injury Prevention Report, WHO (PDF)

CDC Childhood Injury Report, CDC

Continue reading "Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization" »

In North Carolina, a 12-year-old Greensboro boy is in critical but stable condition after a drunk driver hit him last Tuesday afternoon. Drew Gardner and Taylor Rhynehardt were playing near a creek bed when a van, driven by Michael Charles Parks, rolled through a stop sign and drove through 40 yards of wood before striking Gardner and then crashing into a tree.

Gardner, who is at Baptist Hospital in Winston-Salem, sustained two collapsed lungs, eight fractured ribs, a broken collarbone, and skull fractures. He has been sedated and unconscious a majority of the time since the North Carolina auto accident.

Rhynehardt, who was not hit by the van, sustained less serious physical injuries when the tree broke and fell on him. However, he told a local TV news program last week that he has not been able to close his eyes without reliving the accident.

Greensboro police have charged Parks with driving with a revoked license and driving while impaired. They say more charges are likely. However, the 40-year-old has not been arrested for his involvement in the crash.

This is not Parks’s first DWI offense. He has one prior DWI conviction, while two other DWI charges that were dismissed.

NHTSA 2007 Children and Traffic Accident Facts
• 200,000 children, age 14 and under, were injured in motor vehicle crashes last year.
• 245 of the 1,670 kids in this age group were injured in drunk driving accidents.
• 306 children, age 14 and under, died in pedestrian accidents in 2007.
• 14,000 kids sustained pedestrian-related injuries.
• In North Carolina, 54 child pedestrians, age 14 and younger, died in traffic accidents.

If your son or daughter was seriously injured in a North Carolina or South Carolina traffic accident, you and your family may be able to file a personal injury lawsuit against the negligent party.

Boy hit by van is critical but stable, News-Record.com, November 15, 2008

Other Boy Injured In DWI Crash Speaks Out, Digitriad.com, November 11, 2008

Children, 2007 Traffic Safety Facts, NHTSA

Related Web Resource:

2007 Traffic Safety Annual Assessment -- Alcohol-Impaired Driving Fatalities, NHTSA, (PDF)

Continue reading "12-Year-Old North Carolina Boy is in Critical Condition Following Greensboro Drunk Driver Accident" »

The Cleveland, North Carolina mother of a 6-year-old boy who died in an electrocution accident last March is suing EnergyUnited for his wrongful death. Deborah Kenemore filed her North Carolina wrongful death lawsuit against the power company earlier this month in Rowan County.

In her suit, Kenemore claims that her son Nathan died after coming into contact with an uninsulated high-voltage power line while climbing a tree in a neighbor’s backyard. The power line was carrying 7,200 volts of electricity.

Kenemore contends that, under the National Electrical Safety Code and the electric company’s own policies, EnergyUnited failed in its responsibility to prune the tree or put into place other protective measures (such as issuing a warning that the power line posed an electrical hazard) so that no one would get hurt. The white pine tree was 14 feet taller than the uninsulated electrical line and, based on EnergyUnited’s own pruning schedule, was six years overdue on being cut back. Kenemore's suit notes that the tree and power line were easily visible to electric company workers that visited the property every month to read the electric meter.

Her North Carolina wrongful death lawsuit also says that around 7pm on March 27, Nathan became unresponsive after climbing the tree and stayed there even after Kenemore screamed for him to respond and tried to revive him herself. An ambulance transported Nathan to Davis Regional Medical Center where he was declared dead at around 8:03 pm. Electrocution was listed as the cause of death.

Kenemore is seeking punitive damages from the electrical company for her son's wrongful death, as well as compensation for “negligent infliction of emotional distress.”

Electric Shock Facts
• About 1,000 deaths a year are caused by electrocution.
• Electrical shock occurs when electrical current runs through the body.
• Examples of injuries from electrical shock include thermal burns, cardiac arrest, tissue, nerve, and muscle damage, and death.

Mother sues EnergyUnited after boy electrocuted, CharlotteObserver.com, September 18, 2008

Power company sued in death of 6-year-old, SalisburyPost.com, September 17, 2008

Related Web Resources:

EnergyUnited

National Electrical Safety Code Zone

The Official Journal of the American Academy of Neurology is reporting that results from a small study indicate that topiramate, a drug used to treat epilepsy, may increase the chances of a newborn sustaining a birth defect if a pregnant mother takes the drug.

The test involved 203 women that became pregnant while using topiramate. Of the 178 newborns, 16 of them had major birth defects. Four of the babies had cleft lips or cleft palates. Four of the male infants were born with genital birth defects.

The rate of birth defects among newborns whose mothers took topiramate was higher than for the rest of the population. More birth defects also occurred in newborns whose mothers took both topiramate and valproate (another epilepsy drug) and women who took topiramate in conjunction with other epilepsy drugs.

However, Andres Kanner, the associate director of the Epilepsy Center at the Rush University Medical Center in Chicago, says the chances that a pregnant women will have a baby with a birth defect is dependent on numerous factors, some of which were not part of this study. John Craig, the lead researcher of the study, says that additional research must be performed to confirm the results but that doctors and women that are (or are considering) getting pregnant and get migraines or have epilepsy need to be warned about the potential risks that could result from using the medication. The anti-seizure drug (Topamax is the brand name) is used to treat epilepsy and migraine headaches.

According to the Center for Disease Control and Prevention, birth defects are the number one cause of infant fatalities. Causes of birth defects include:

• Dangerous drugs
• Alcohol
• Exposure to certain environmental chemicals
• Exposure to high levels of radiations
• Birthing malpractice
• Genetics

Epilepsy Drug May Boost Birth Defect Risk, WashingtonPost.com, July 21, 2008

Epilepsy drug linked to greater birth-defect risk, USA Today, July 25, 2008

Birth Defects, HealthAtoZ.com

Related Web Resources:

Topamax

Topiramate, MedLinePlus

Birth Defects, CDC

Official Journal of the American Academy of Neurology

Continue reading "Epilepsy Drug Topiramate May Increase Risk of Birth Defects" »

In Hillsborough, North Carolina, town members are trying to raise funds for Khari Clark-Hester, a 6-year-old girl who is paralyzed from the waist down after she suffered spinal cord and brain injuries during an auto crash on April 10.

Khari sustained these catastrophic injuries when the passenger side of the car she was riding in was hit by a pickup truck. Khari spent several weeks in intensive care at NC Children’s Hospital and was later moved to a rehabilitation center. Her mother and 2-year-old sister were also involved in the crash but are now both fine. Khari needs money to pay for a medical car seat, a wheelchair ramp outside their house, and other medical costs.

In North Carolina and South Carolina, our catastrophic injury lawyers can help you or your injured family member recover personal injury compensation from the negligent party to cover your losses and damages. Catastrophic injuries are often life changing accidents, and living with a TBI or an SCI can be very expensive.

Traumatic Brain Injury
A sudden trauma to the brain can cause a traumatic brain injury. While a mild TBI can result in temporary unconsciousness, headaches, dizziness, or blurred vision, a more person with a serious TBI may experience convulsions, seizures, permanent brain damage, or fall into a coma or brain death.

Spinal Cord Injuries
A severe blow that dislocates or fractures the spine can lead to a spinal cord injury. An SCI patient may experience loss of sensation, sexual dysfunction, respiratory problems, loss of movement, including paralysis, and other serious health problems.

Our North Carolina auto accident lawyers know how to prove that a negligent motorist or another liable party caused your catastrophic injuries. We will zealously pursue your recovery. Our personal injury lawyers have successfully obtained compensation for the families of minors seriously injured in auto crashes.

Community unites to help accident victim, The Daily Tar Heel, June 12, 2008

Town rallies for injured girl, The Chapel Hill News

Related Web Resources:

Spinal cord injury, MayoClinic

Traumatic Brain Injury

Continue reading "6-Year-Old North Carolina Girl Paralyzed in Car Crash Is Center of Local Fundraising Efforts" »

In Selma, North Carolina, approximately three dozen students sustained minor injuries on Wednesday in a bus accident on Highway 96. The school children were taken to local hospitals following the multi-bus accident.

Three school buses were involved in the motor vehicle collision, in which one bus rear-ended another. The driver of one of the buses sustained neck injuries. A parent of one of the children experienced a panic attack and also had to be taken to a hospital.

The school buses had come from Selma Middle School and Selma Elementary School.

Every day, more than 23 million elementary, middle school, and high school children ride school buses to and from school. At least 17,000 kids are injured in school bus accidents each year.

School bus drivers and the schools and bus companies that employ them are required to exert a reasonable duty of care to make sure that children who ride the buses are transported safely to and from school. If their failure to exercise this reasonable care causes a student on the bus or a student getting on/off the bus or walking near the bus to become injured, the bus driver, the school, and/or the bus company may be held liable for personal injury.

Bus accidents can result in serious injuries, including abrasions, internal injuries, burns, broken bones, traumatic brain injuries, spinal cord injuries, and death.

Common kinds of injury accidents involving school buses include a bus colliding with another motor vehicle, a bus striking a pedestrian, a student sustaining injuries while getting on and off the bus, and bus rollovers. Causes of driver negligence can include speeding, carelessness, not paying proper attention (including talking on the cell phone or text messaging while driving), reckless driving, and drunk driving. The school or bus company’s hiring of unqualified bus driver and improper maintenance of the bus can also lead to bus crashes.

If your child was injured or killed in a bus accident in North Carolina or South Carolina, you should speak with a personal injury attorney who is experienced in dealing with bus accident cases.

Bus wreck injures students, News & Observer, November 9, 2007

27 kids injured in school bus crash, News14.com/AP, November 7, 2007

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006

Related Web Resource:

School Bus Fatalities and Injuries, NCSBS.com

Continue reading "Dozens of North Carolina School Kids are Injured When School Buses Collide" »

Two young boys were thrown from a van in South Charlotte, North Carolina on Friday when the van collided with a car. Police say that the boys, two brothers ages 7 and 6, were not buckled in properly by the driver of the van that was hired by Charlotte-Mecklenberg School to transport the boys to and from school. The police also think that the driver could have been speeding.

Gavin, 6, had to undergo facial surgery.

Statistics show that seatbelts save many lives and prevent many others from suffering from serious injuries in motor vehicle crashes. Over 63% of people killed in motor vehicle collisions were not using seatbelts.

In North Carolina, any child younger than 8 years of age and weighing under 80 pounds has to wear a child restraint device that must be properly buckled. The CRD must meet federal standards of safety at the time it was manufactured.

Under the NC Child Passenger Safety Law, the driver of a motor vehicle is responsible for ensuring that a child younger than 16 is properly buckled up. Failure to do so can lead to penalties and personal injury liability if a child is injured or killed because he or she was not properly restrained.

Not only must children be buckled up, but their seatbelts must be secured properly.

• Children under 20 lbs and under age 1 should be placed in a rear-facing CRD.
• Children 1-4 years of age and weighing between 20-40 lbs should be placed in a forward-facing car seat.
• Children should not wear a regular seatbelt until they are the proper weight and age.
• Children 5-8 years of age should use a booster seat.
• Children 9-12 years of age can use a regular seatbelt. It is highly recommended that they sit in the backseat of a car.

Not properly restraining a child could result in the child sustaining serious injuries or dying.

Child Severely Injured After Being Thrown from a Van, WBTV.com, October 30, 2007

Buckling Up Is Not Enough To Protect Children In Auto Accidents; Seat Belts And Child Safety Seats Must Be Used Properly, Science Daily, June 8, 1999

Child Passenger Safety Law, Buckleupnc.org

Related Web Resources:

National Child Passenger Safety Board

Continue reading "6-Year-Old Thrown From Van In Charlotte, North Carolina Sustains Serious Injuries " »

The Consumer Product Safety Commission announced on Friday that Simplicity is recalling 1 million cribs, some of them with the Graco label, after reports that three infants had become trapped, suffocated, and died in their defective cribs.

Reported deaths attributed to the cribs include:

• 9-month-old Liam Johns who died in a faulty crib in 2005.
• 6-month-old Edward Millwood who died in a Simplicity crib in November 2006.
• A 1-year-old died in a newer model that has not been recalled but is under investigation.

All three children were in cribs that had drop-rail sides that had been installed upside down. The error left a gap in the cribs where a child could fall into and suffocate.

At least seven other infants have gotten trapped in defective cribs. 55 incidents have been reported where the drop sides came off or did not hold to the cribs’ sides.

An attorney for Liam Johns said that it took the Consumer Product Safety Commission more than two years to respond to the complaint that the infant had died from a faulty crib.

Simplicity Inc. is the manufacturer of the cribs, all of which were made in China. This is the second largest crib recall since 1972. In another crib recall last June, the CPSC recalled 40,000 Nursery-in-a-Box cribs, also made by Simplicity. The recall was issued because the assembly instructions were incorrect.

The American Academy of Pediatrics offers the following tips on choosing a crib and ensuring that it is safe for use:

• Look for Juvenile Product Manufacturers Association (JPMA) certification.
• The slats should be no more than 2-3/8 inches apart. Widely spaced slats can trap an infant's head.
• All joints and parts should fit tightly, and the wood must be smooth and free of splinters.
• Check for cracked and peeling paint. All surfaces should be covered with lead-free paint safe for nursery furniture.
• The end panels should be solid, without decorative cutouts. Cutout areas on panels can trap an infant's head.
• Corner posts should be flush with the end panels or else be very, very tall (such as posts on a canopy bed). Clothing and ribbons can catch on tall corner posts and strangle an infant.
• The lowered crib sides should be at least 9 inches above the mattress support to prevent the infant from falling out. Raised crib sides should be at least 26 inches above the mattress support in its lowest position.
• The drop sides should have a locking, hand-operated latch that will not release unintentionally.
• The mattress should be the same size as the crib so there are no gaps to trap arms, body, or legs. If you can fit 2 fingers between the mattress and the side of the crib, the crib should not be used.

Injury or death to an infant caused by a defective product is grounds for a products liability claim or a wrongful death lawsuit. Manufacturers have a responsibility to ensure that their products are safe for use. Failure to do so can be grounds for a products liability case.

1 million Graco, Simplicity cribs recalled in U.S., MSNBC.com, September 21, 2007

Choosing a Crib, American Academy of Pediatrics

Related Web Resources:

About 1 Million Simplicity Cribs Recalled Due To Failures Resulting in Infant Deaths, CPSC.gov, September 21, 2007

Simplicity for Children

Continue reading "Graco and Simplicity Recall One Million Cribs After Crib Deaths" »