Articles Posted in Child Injury

Holidays such as Christmas and Chanukah are about many things — religious beliefs, longstanding traditions, family, and friends, to name a few. For kids, no matter how hard adults try to teach otherwise, these holidays are often about one thing – presents! As parents, aunts, uncles, and dear friends, we find there are few pleasures as sweet as watching a child’s joy gifts.jpgwhen s/he opens just the right gift. The right toy can brighten a child’s entire face. And the wrong toy…to our Northern California child injury law firm the wrong toy is not the one that doesn’t match the child’s list but rather the one that results in a toy-related injury, a problem that is far too common this time of year.

40% Rise in Toy-Related Injuries Between 1990 and 2011

Earlier this month, CNN reported on a study in the journal Clinical Pediatrics abstract that found toy-related injuries increased 40% in the U.S. between 1990 and 2011. There were over 3 million kids treated in emergency rooms for toy-related injuries throughout the time span with the rate of injury rising from 18.88 per 10,000 children in 1990 to 26.42 in 2011. Dr. Gary Smith, lead researcher and Director of the Center for Injury Research and Policy at Nationwide Children’s Hospital, suggests these numbers underestimate the problem of toy injuries. The study included hospital emergency room visits but not injuries treated in urgent care centers and doctors offices in addition to those who did not seek treatment. The study also left out toy-related deaths.

Earlier this year, our San Francisco child injury attorney highlighted a recall that at the time involved some 1.3 million car seats , a number that has since ballooned to include an unprecedented 6.1 million seats. This week, the story became even more disturbing as an investigation opened into allegations that the company knowingly delayed alerting authorities to the potentially defective child safety seats.

Federal Agency Looks At Whether Company Delayed Reporting Child Seat Defect carseat.jpg

According to The New York Times, federal safety regulators opened an investigation this week into Graco Children’s Products focusing on whether the company delayed reporting a safety defect that became the subject of the nation’s largest child car seat recall. Earlier this year, Graco recalled approximately 6.1 million child safety seats because of concerns that the buckles may become difficult to unlatch and hinder the ability to remove a child during an emergency. Graco had resisted the recall, asserting that the seats were safe and claiming any problems were the result of food or liquids being spilled on the buckles rather than a safety defect. The National Highway Traffic Safety Administration (“NHTSA”) disagreed.

On Wednesday, our Northern California youth sports law firm looked at the threat of concussions facing high school football players. Among the many studies on the topic is research discussed on WebMD finding concussions occurred more than twice as often in high school athletes in 2012 than in 2005. Researchers involved in that study suggest the trend is due to increased awareness and not an increased in danger. While we certainly agree that added awareness leads to increased reporting, we believe that there is another (substantial) factor in the youth sports injury epidemic: how young people play.

footballkid.jpgStatistics on Young Players and Injuries

Concussions are not the only danger facing young athletes today. Contra Costa Times recently examined the increase in “adult” injuries among young players. Each year, more than 46.5 million children in the United States participate in sports. Last year, 1.24 million children received emergency room treatment, a figure that translates to 3,400 young people visiting the ER each day. A whopping 90% of youth athletes report experiencing some form of sports injuries and more than half of those children say they played through an injury to avoid letting their team down.

There are few things as disturbing as the abuse of a child. Our Oakland sexual abuse lawyer understands that when sexual abuse occurs in a school setting, it is also a violation of our community’s trust. Early this year, we shared the story of Michael Merrick, a middle school teacher charged with the abuse of a teenage girl. Our comments also mentioned the potential that civil liability for sexual abuse by a teacher may go beyond the perpetrator himself (or, it is important to remember, herself) to include a school or district that turned a blind eye to the abuse. A recent update in The Oakland Tribune shows that such a case is now pending before the courts.

desks.png
Civil Suit Expands to Include California School District

In January, Michael Merrick pleaded guilty to six felonies related to charges he abused a fourteen year old girl while serving as a teacher at Stanley Middle School. Charges against Merrick stemmed from private math tutoring sessions held in the school’s wood shop (Merrick previously worked in the math department but had moved to a role as shop teacher) and the evidence included hundreds of text messages with sexual theme. Per the criminal case, Merrick also coerced the young victim not to report the abuse. The criminal court sentenced him to five years and eight months in state prison and he is currently serving the term at North Kern State Prison in Delano. Since the resolution of criminal case, the girl’s family filed a civil suit against Merrick himself as well as the school district, Principal David Schrag, and District Superintendent Fred Brill. The suit seeks compensation for past and future medical costs, general damages, and a punitive award.

Parents should be able to send their children to school with confidence that they are safe and protected from harm while they learn. This is a fundamental promise that our communities make to families. As an Oakland sexual abuse victim’s law firm, our team is committed to helping when this commitment is not met. Abuse in Oakland schools should not be tolerated and victims and their families should pursue justice in both civil and criminal court.

school.png
The Oakland Tribune reported this week on the conclusion to a criminal case against a former area school teacher. Michael Merrick, 48, was a teacher at Lafayette’s Stanley Middle School when he was arrested on abuse charges in October 2010. The charges that Merrick molested a fourteen year-old girl stemmed from time the two spent in private summer tutoring sessions on school property and evidence included semen stains from a classroom couch as well as text messages sent by Merrick to the young teen. Merrick accepted a plea deal in the criminal case that will result in five years and eight months in prison. As part of the agreement, Merrick confessed to his actions in court and apologized to the girl, her family, and the community that trusted him with their youth.

Of course, no court action can ever bring back the loss of innocence or undo the harm caused by molestation, especially when the perpetrator was a trusted adult. That said, it is important that victim’s families consider whether a California civil lawsuit for sexual abuse may be an appropriate and even necessary step towards recovery. A criminal conviction is an important element of justice and can provide an important mental and emotional role in the victim’s recovery. However, a criminal conviction cannot address many of the very real aftereffects of the abuse. It is vital that abuse victims are able to receive skilled psychological counseling and this can be a very costly, long-term endeavor. In some cases, medical bills for physical injury may also be a factor. Only a civil lawsuit can provide the financial compensation from the abuser that will help a victim afford this necessary emotional and physical treatment.

Contact Information