Injuries to Minors

Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool

July 12, 2010 | Lebowitz & Mzhen

A Washington DC drowning accident has claimed the life of a young girl. The six-year-old girl who was pulled from a Turkey Thicket Recreation Center pool on June 23 was later pronounced dead at Children’s National Medical Center.

Bystanders performed cardiopulmonary resuscitation on the victim while waiting for fire and rescue officials to arrive. A lifeguard was on duty when the girl drowned.

Witnesses say the girl jumped into the deep end from the diving board and that at the time the pool was very crowded. According to reports, it was the next person to get on the diving board who notified the lifeguard that the young girl was at the pool bottom. The pool is about 12-feet deep.

Child Drowning Facts (CDC):

• There were 3,443 accidental drowning deaths in the US in 2007.
• More than one in every five drowning deaths are kids from the 14 and under age group.
• For every child drowning death, four other children will have received emergency medical care for their drowning injuries.

• Drowning injuries can result in permanent brain damage.

Reasons why a pool drowning victim or his/her family may have grounds for a Washington DC personal injury or wrongful death claim:

• Inadequate safety equipment
• Lack of supervision by a lifeguard or a qualified adult
• Failure to warn that there is no lifeguard on duty
• Improper maintenance
• Improperly attached ladders
• Maryland slip and fall hazards
• Improperly installed diving boards
• Failure to clean the pool properly, which can make it hard to see anyone who may be drowning
• Failure install the regulation pool drain that is now mandated by law
• Failure to secure/lock pool area during off hours
6-year-old drowns in NE D.C. public pool, Washington Post, June 23, 2010
Young Girl Drowns At DC Rec Center Pool, WUSA9, June 23, 2010
Unintentional Drowning: Fact Sheet, CDC
Related Web Resources:

Turkey Thicket Recreation Center

Pool and Spa Safety Publications, Consumer Product Safety Commission

Maryland Accident Law Blog

With Summer Here There Are Steps Teen Drivers Can Take to Avoid Causing Washington DC Car Accidents

June 23, 2010 | Lebowitz & Mzhen

According to the National Highway Traffic Safety Administration, the time between Memorial Day and Labor Day is the most dangerous time for drivers in the 15 – 20 age group—not to mention that car crashes are the number one cause of all teen fatalities. Traffic safety experts say that one reason for the increase in teen traffic deaths during this time of the year is that with school out many teenagers have more free time on their hands without parental supervision and later curfews. All of these factors can lead to more hours spent on the road at night, a period of day where teens are at higher risk of crashing their motor vehicles.

Summer parties and more social outings can also turn underage drinking into a greater concern now than during the regular school year. According to the Washington Regional Alcohol Program, which combats underage drinking and drunk driving in Washington DC, Maryland and Virginia, there is a 50% increase in teen drunk driving fatalities during the summertime.

Steps that teens can take to prevent injury to themselves or others in a Washington DC traffic crash:

• Don’t drink and drive
• Don’t talk on the cell phone or text message while driving
• Avoid driving late at night or when you are tried
• Obey the speed limit
• Wear your seat belt

It is important that parents supervise their teens’ driving habits, while making sure that they are educated about the dangers of careless and reckless driving. Motorists can be held liable for Washington DC personal injury or wrongful death in the event that their negligence hurts or kills another person.

Teen driver risks in high gear over summer, USA Today, June 21, 2010

Summer Months Deadliest for Teen Drivers, Washington Regional Alcohol Program, May 25, 2010 (PDF)

Related Web Resources:

Teen Driving

Teen Drivers, CDC
Maryland Car Accident Attorney Blog

Mother Sues US Secretary of Health and Human Services in Washington DC Alleging Daughter Was Injured by HPV Vaccine

May 4, 2010 | Lebowitz & Mzhen

Tracy Wolf has filed a dangerous drug lawsuit in the US Court of Federal Claims in Washington DC. She is suing the Secretary of Health and Human Services over injuries that she says her teenage daughter sustained from taking the HPV vaccine.

The vaccine is supposed to prevent women from getting cervical cancer. However, Wolf says that after taking a three-shot series of Gardasil in 2007 and 2008, her 16-year-old daughter was diagnosed with a number of health issues, including encephalitis, a seizure disorder, and physical and behavioral problems. Wolf says that one month after her daughter took the first injection, the teenager started to exhibit “significant negative” behavioral changes and physical problems, including heart palpitations.

Gardasil

Tylenol, Benadryl, Motrin, and Zyrtec Included Among 43 OTC Infant and Child Medications Recalled by Johnson & Johnson Division

April 30, 2010 | Lebowitz & Mzhen

In an attempt to prevent infant and child injuries and deaths, McNeil Consumer Healthcare, a Johnson & Johnson division, is recalling 43 over-the-counter child and infant medications after regulators discovered deficiencies at a manufacturing facility. Hundreds of thousands of medicine bottles will have to be pulled from store shelves in the US, its territories, and nine other nations.

Following a routine check of McNeil Consumer Healthcare’s Fort Washington plant, Food and Drug Administration inspectors discovered that the manufacturing process was “not in control,” which could alter the medicines’ composition. As a result, some of the medicines may have a higher concentration of an active ingredient than what is noted, may have inactive ingredients that don’t meet testing requirements, or may contain tiny particles.

Even though the chance of serious injury from the medicines is “remote,” the FDA is counseling caregivers and parents to stop using the recalled products right away. The FDA also says that if a child displays any unusual symptoms after taking one of the recalled medicines, then caregivers or parents should seek the advice of a physician. The federal agency is warning that giving children and infants the adult versions of these medications can result in serious illness or injury.

Washington DC Motor Vehicle Crash Leaves One Person Dead and Six Others Injured

April 22, 2010 | Lebowitz & Mzhen

A Washington DC traffic crash involving a van and a Toyota Camry has resulted in six injuries and one death. The auto accident occurred at around 7pm on Monday in Southeast DC.

According to witnesses, a speeding van drove over the center median on Alabama Avenue and into the path of an oncoming Toyota. The van rolled over a number of times before catching fire. Some 50 fire workers arrived at the crash scene where utility wires had been knocked down and there was a fuel spill.

The Camry’s driver, 37-year-old Mary Elizabeth Wimbush, died at the crash site. Four children who were riding in the car sustained serious injuries. One of the child victims, a 2-year-old girl, was ejected from the vehicle. All of them were taken to Children’s National Medical Center and admitted in critical condition.

US News & World Report Ranks Washington DC as Safest Place for Teen Drivers

March 20, 2010 | Lebowitz & Mzhen

US News & World Report has just put out its first Best States for Teen Drivers ranking and the District of Columbia tops the list. One reason for this is that Washington DC has some of the strictest laws governing teen drivers and their driving requirements. The state of Maryland placed 4th. This is good news for Washington DC and Maryland teen drivers, considering that car accidents are considered the number one cause of fatalities to teens in the 16-19 age group. Over 4,000 teenagers die every year.

That said, there is always more that can be done to prevent the number of Washington DC car accidents involving teen drivers.

Per a recent study about teen drivers by Allstate Foundation:

• 61% of teens are concerned they might get involved in a car accident
• 82% of teen drivers say that they use a cell phone when operating a motor vehicle
• 42% say that they text message and instant message when driving
• 65% of teenaged drivers think that they are good motorists that pay attention when driving
• Parents are the #1 influence when it comes to teenage drivers

It is so important that teens aren’t distracted when driving. Learning how to drive safely and correctly is challenging enough without the dangers posed by cell phone conversations, text messages, alcohol, or drugs.

Washington DC has a graduated licensing program (Gradual Rearing of Adult Drivers) that imposes certain temporary restrictions on young drivers so that they can gradually gain experience. Also, DC drivers with a learner’s permit are banned from using any kind of cell phone while driving and all Washington DC drivers are prohibited from texting and talking on a handheld cell phone.

D.C. Tops New Ranking of Safest Places for Teen Drivers, US News & World Report, March 18, 2010
U.S. News Media Group and Allstate Insurance Company Release 2010 Best States for Teen Drivers, PR Newswire, March 18, 2010
Related Web Resources:
Teen Drivers, CDC
The Graduated Licensing Program, District of Columbia Department of Motor Vehicles
Allstate Foundation

Injuries to Children: US Supreme Court to Rule On Whether Vaccine Injuries Allow for Products Liability Lawsuits

March 10, 2010 | Lebowitz & Mzhen

The US Supreme Court has agreed to determine whether a federal law protects vaccine manufacturers from certain kinds of products liability lawsuits in the event of vaccine injuries. The case involves 17-year-old Hannah Bruesewitz who, during the first 6-months after she was born was vaccinated against tetanus, diphtheria, and pertussis with 3 DPT vaccines. She would go on develop residual seizure disorder.

Because Hannah suffers from serious developmental impairments, her parents say that she will require a lifetime of care.

Russell and Robale Bruesewitz submitted their petition to the U.S. Court of Federal Claims. When their claim was turned down, they filed a dangerous drug lawsuit against vaccine maker Wyeth. They claim that the pharmaceutical company could have marketed a vaccine that was safer and included better warnings about its possible risks. The drug maker has denied that its vaccine caused the girl’s injuries. It has, however, discontinued the DPT vaccine.

In 2009, an appeals court determined that the National Childhood Vaccine Injury Act of 1986 preempted the Bruesewitz’s injuries to a child complaint. The act, which provides compensation for vaccine injuries, protects vaccine manufacturers from products liability complaints. An injured party cannot sue the vaccine maker if the side effects that were sustained were unavoidable and even if the vaccine came with the correct directions and warnings and was manufactured properly.

Oral arguments in the Supreme Court case, Bruesewitz v. Wyeth, 09-152, will likely take place in the fall. The nation’s highest court agreed to hear the case following decisions by lower courts that conflicted with one another. Some 5,000 claims are pending that link neurological damage to childhood vaccines.

High Court Wades Into Funeral Protests, Vaccines, Wall Street Journal, March 9, 2010
Court to decide if vaccine makers can be sued, Reuters, March 8, 2010
Related Web Resources:
Vaccines, Centers for Disease Control and Prevention
National Vaccine Injury Compensation Program (VICP), HRSA.gov

Washington DC Paramedics Under Investigation in Death of 2-Year-Old Girl

March 4, 2010 | Lebowitz & Mzhen

The D.C. Fire and Emergency Medical Services is investigating whether Washington DC paramedic errors occurred during the handling of a 911 call about a 2-year-old girl. The toddler was having breathing problems early on the morning of February 10 when paramedics arrived to examine her.

The girl was not taken to the hospital and the paramedics left. About nine hours later, another 911 call was made about the same 2-year-old. This time, she was transported to Children’s National Medical Center. The girl died the next day.

Now, questions have surfaced as to why paramedics didn’t take her to the hospital sooner. A number of emergency workers who responded to the 911 call have been placed on administrative leave while the investigation takes place.

Washington DC Paramedic Malpractice

EMT’s and paramedics are often the first line of defense when it comes to saving the life of a person who is having a medical emergency. People don’t usually contact 911 for a minor medical symptom. Usually, there is a life or death situation occurring and someone needs medical help immediately.

Failure to provide that immediate medical care and evaluation can prove fatal—especially when a paramedic arrives at the scene and wrongly diagnoses a situation so that the patient doesn’t get the proper medical care that could save his/her life.

This is not the first time DC paramedics have come under scrutiny for their handling of emergency situations. In 2008, 38-year-old Edward L. Givens was examined by paramedics at his Northeast Washington residence. The paramedics left 12 minutes after arriving. He died from a heart attack hours later.

In 2006, paramedics failed to rush New York Times Reporter David E. Rosenbaum to the hospital after he was beaten and mugged. The medical workers thought that he was drunk. He died from his injuries. Rosenbaum’s family has settled their Washington DC wrongful death lawsuit with the District.

D.C. EMS faces review in death of girl, 2, The Washington Post, March 4, 2010
DC Medic Did Not Fill Out Paper Work In Child Death Case, 9 News Now, March 4, 2010

220 Washington DC Abuse Allegations Against Teachers Reported during ’08 – ’09 Academic Year

February 13, 2010 | Lebowitz & Mzhen

According to police, school officials reported 220 incidents of teachers allegedly physically or verbally abusing students in an attempt to discipline them. Acts of corporal punishment allegedly included slapping, choking, shoving, and kicking. The Washington Post obtained information about these abuse allegations using the Freedom of Information Act.

There is no clear information as to whether teachers were disciplined or charged criminally for assaulting the students or if follow-up investigations ensued. However, according to Schools Chancellor Michelle A. Rhee, some of the teachers laid off last October had physically assaulted or had sexual relationships with students or missed 78 school days.

Under District law, teachers are allowed to use force against a student in order to defend others, as an act of self-defense, or to keep order. Principals are required to report any allegations of sexual misconduct or corporal punishment by teachers to a private security system, whose officers must then report the incidents to police.

Injuries to Minors

If you believe that your child was the victim of unnecessary use of force by a teacher or anyone else, you may be able to file a Washington DC injuries to minors claim on their behalf. Teachers are in a position of power when it comes to supervising their students. This does not mean that they can abuse that power by verbally abusing, molesting, or physically assaulting a student. Physical, mental, and emotional injuries may result that can damage the child.

School officials have a duty of care to ensure that students are not harmed while on the premise. Failure to remove any hazardous conditions or dangerous persons from the school grounds may be grounds for a Washington DC injury lawsuit if injuries result.

D.C. school officials reported 220 abuse allegations against teachers, The Washington Post, February 9, 2010
Related Web Resources:
Freedom of Information Act, USDOJ.gov

Washington DC Schools

DC Teachers Allegedly Abused Kids Hundreds of Times: Post, NBC Washington, February 9, 2010

CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths

February 10, 2010 | Lebowitz & Mzhen

Our Washington DC products liability attorneys are concerned about the dangers that poorly designed cribs post to young children. On Tuesday, the U.S. Consumer Product Safety Commission announced that it is recalling all “ChildESIGNS” and Generation 2 Worldwide drops side cribs following three infant deaths. The CPSC says these cribs are very dangerous and pose suffocation and strangulation risks to children. The CPSC wants caregivers and parents to stop using these cribs right away.

The three babies died after the drop side on their cribs detached and they got stuck between the mattress and the drop side. The first crib entrapment death happened in September 2002 when the six-month old infant suffocated. The drop side became detached because it was missing two screws.

The entrapment death, involving an 8-month-old victim, happened in October 2003 after the drop side’s plastic hardware broke. In July 2007, an 8-month-old child suffocated during an entrapment accident.

There have been 20 other reported drop side incidents involving the recalled cribs. Two children survived their entrapment accidents, although one child sustained bruises. Five kids fell from their cribs when the drop sides detached. One child broke an arm.

Eight other incidents involved the mattress support detaching. In three of these crib accidents, three kids became entrapped between the mattress and the crib frame while four kids were able to crawl out of the crib. One child suffered bruises and cuts.

Generation 2 is no longer in operation.

Drop-Side Crib Dangers

As more drop-side cribs are recalled because of the possible entrapment, strangulation, and fall hazards they pose to infants and toddlers, it is no longer possible to ignore the dangers that this type of crib can pose because of the way they are designed. Millions of drop-side cribs have been recalled over the past couple of years. Some crib manufacturers are even proposing a ban on drop-side cribs.

Generation 2 Worldwide and “ChildESIGNS” Drop Side Crib Brands Recalled; Three Infant Deaths Reported, CPSC, February 9, 2010
Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2010
Related Web Resources:
What are the safety issues with drop-side cribs, About.com
Crib Bands from Consumer Reports