Injuries to Minors

Number of Fatal Drunk Driving Crashes Up Almost 150% on New Year’s Day, Says AAA Foundation for Traffic Safety

December 30, 2010 | Lebowitz & Mzhen

While New Year’s Eve and Day are definitely occasions to mark with celebration, it is unfortunate that there are people who may end up dying or getting seriously hurt in a Washington DC car accident because another person was driving while drunk. Hopefully, the more aggressive push by lawmakers and law enforcement officials through their “Drunk Driving. Over The Limit. Under Arrest” campaign will help keep more people safe this year. That said, it is still up to motorists to refrain from driving drunk.

According to new analysis from the AAA Foundation for Traffic Safety, at about 80 drunk driver-related deaths on New Year’s Day, the average number of traffic fatalities where alcohol is a factor goes up by almost 150% more than if it were the same day of another week during the holidays. For example, in 2005 when New Year’s fell on a Saturday, there were more alcohol-related deaths at 98 fatalities than if the holiday fell on the season’s other Saturday. Last year, there were 73 drunk driving fatalities on New Year’s Day. New Year’s Eve fell on a Thursday night. Unfortunately, although many Americans don’t approve of drunk driving, AAA says that many of them do it anyway.

These fatality figures don’t take into account the number of injuries that can occur on New Year’s Day as a result of alcohol. Per the U.S. Department of Health and Human Services, among underage drinkers alone, 1,980 of them went to the hospital on January 1. That’s a lot more than the approximately 546 who end up in the hospital on a typical day. Drunk driving, other alcohol-related accidents, and acute intoxication were among the causes. There are, of course, also adults and children who may have sustained injuries in a New Year traffic crash involving alcohol.

Steps motorists can take to drive safely into 2011:
• Appoint a designated driver.
• Don’t let your friends drive while drunk even if they think they can.
• Don’t get in the car with a drunk driver.
• Pack an overnight bag just in case you end up drinking more than you intended.
• Bring cab money just in case.

• Be careful if you choose to walk to or from your destination. The Insurance Institute for Highway Safety says New Year is the deadliest day of the year for pedestrians.

Beware of heightened drunk driving dangers this New Year’s Eve, Consumer Reports, December 30, 2010
U.S. Transportation Secretary Ray LaHood Announces Holiday Drunk Driving Crackdown, NHTSA, December 13, 2010
Underage drinkers a New Year’s hazard, Washington Examiner, December 30, 2010
Related Web Resources:
What to do after a car accident, MSN
Metropolitan Police Department, DC.gov

Maryland Car Accident Attorney Blog

Trucking Accident Lawyer Blog

Drop-Side Cribs No Longer Allowed, Rules CPSC

December 22, 2010 | Lebowitz & Mzhen

Consumer Product Safety Commission has voted to ban the manufacture and sale of drop-side cribs. Under the new government crib standards, which hadn’t been modified in almost three decades, all cribs must have fixed sides by June 2011. Hotels and daycare centers also have to get rid of any drop-side cribs that they have been using, which the CPSC estimates will affect about 935,000 drop-side cribs and could cost around $467.5 million. Some 43,303 inns and hotels and 59,555 day-care firms are expected to be impacted.

The new federal standards calls for better labeling on crib parts, tougher testing, which includes tests that mimic what its like to have an actual child in a crib, better mattress support, and sturdier crib hardware. While drop-sides have proved convenient for adults wanting to more easily reach their children that are in the crib, drop-side malfunctions, too big of a gap created between the drop side and the mattress, broken crib slats, and other defective crib parts have proven too dangerous.

The CPSC has recalled over nine million drop-side cribs since 2005 and over 11 million cribs since 2007. At least 32 child deaths have been linked to strangulation and suffocation accidents involving drop-side cribs. There have been other deaths linked to defective or faulty crib hardware.

Our Washington DC products liability lawyers are concerned over the number of injuries and deaths that continue to occur because of dangerous or defective products. Hopefully, the ban on drop-side cribs will reduce the injury and death rates of young children.

A few months ago, USA TODAY said that its analysis of data from CPSC found that prior to issuing crib recalls, 14 crib companies were named in over 900 incident reports involving drop-side crib-related deaths and injuries. Crib entrapment, strangulation, and suffocation are among the causes of serious crib injuries to a child. Fall accidents caused by a malfunctioning drop-side crib can also result in painful injuries.

Day Cares, Hotels Must Replace All Cribs on U.S. Safety Rules, Bloomberg/Businessweek, December 22, 2010
CPSC’s ban on drop-side cribs takes effect in June, USA Today, December 16, 2010
CPSC Approves Strong New Crib Safety Standards To Ensure a Safe Sleep for Babies and Toddlers, CPSC, December 17, 2010
Drop-side crib ban ‘a long time coming’, Sun-Times, December 16, 2010
Related Web Resources:

Consumer Product Safety Improvement Act of 2008 (PDF)

Product Recall Finder, BabyCenter

Dangerous Toys Still Found on Store Shelves, Says PIRG

November 24, 2010 | Lebowitz & Mzhen

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.

• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010
Trouble in Toyland: This Year’s Dangerous Toys, Fox 8, November 23, 2010
WATCH’s 10 most dangerous toys, Boston.com
Related Web Resources:

Read PIRG’s Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

$10 Million Washington DC Injuries to a Minor Settlement to Go to Boy Who Sustained Catastrophic Brain Damage During Foster Care Beating

November 9, 2010 | Lebowitz & Mzhen

The District has agreed to pay $10 million over the catastrophic beating of a young boy at the hands of his foster mother. The child, Rafael Pearson, sustained a massive brain injury from the assaults.

Pearson, whose biological mother was suffering from drug addiction, was just a few days old when he was placed in the hands of foster mom Tanya Jenkins. 46 days later, he was nearly dead after she had severely shaken and beaten him. Pearson ended up on life support for days.

Today, he remains profoundly disabled and will require 24-hour care for the rest of his life. The young boy will eventually go live at his grandmother’s home where an elevator will have to be installed. The DC child injury settlement will be paid out in 3 installments and is there to provide for his medical care for the rest of his life.

Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old’s Death

October 28, 2010 | Lebowitz & Mzhen

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.

• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter’s Death, ClickOnDetroit, October 21, 2010
Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010
Related Web Resources:
Most Childhood Injuries Occur at Home, The Children’s Hospital
Children’s Safety Network

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued

October 23, 2010 | Lebowitz & Mzhen

Ethan Allen, Angel Line. and Victory Land announced the recall of over 40,000 drop-side cribs today. The recalls come after six children were injured.

The cribs can pose entrapment, suffocation, and strangulation hazards in the event that the drop-side rail detaches, malfunctions, or fails. A partial detached drop-side rail can create a space between the rail and the mattress that a toddler or infant can easily fall into and get trapped in. Fall accidents from the crib also occur. Aside from poor materials and defective design, wear and tear and incorrect assembly can also cause a drop-side to malfunction.

Also this week, Graco recalled about 2 million strollers following reports that four babies had died from strangulation. A baby who was seated in the stroller but not strapped in can slide down in between the tray stroller and the seat bottom and get stuck there, which can result in strangulation. It was just earlier this year that Graco recalled 1.5 million strollers because the hinges on the stroller canopy could amputate or cut a child’s fingertips when the canopy was opened or shut. The defect resulted in at least five fingertip amputations and two fingertip lacerations among kids.

Our Washington DC child accident lawyers want to remind you that there may be legal remedies available to you and your family. Manufacturers can be sued for DC products liability.

It wasn’t even a month ago that Fisher-Price recalled more than 10 million tricycles, toys, and high chairs over different defects that could cause injuries to children. Included in the recall announcement were about 7 million Fisher-Price Trikes and Tough Trikes toddler tricycle, some 100,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampways, nearly 3 million Fisher-Price infant toys that come with inflatable balls, and over 800,000 high chairs. Choking hazards and other injuries can result.

Thousands of drop-side cribs recalled, ABC Local, October 22, 2010
Strangulation, Entrapment Risk for 2 Million Older Graco Strollers, WEB MD, October 20, 2010
The Fisher-Price recall: Should parents worry?, The Week, October 4, 2010
Related Web Resource:
Consumer Product Safety Commission

Washington DC Wrongful Death: Parents of Toddler Who Was Allegedly Refused Medical Transport File Lawsuit Claiming Paramedic Malpractice

October 19, 2010 | Lebowitz & Mzhen

The family of two-year-old Stephanie Stephens is suing the city of Washington DC and DC Fire and EMS for her wrongful death. Stephens, who died last February, was allegedly refused medical transport after her parents contacted 911. At the time, she was having problems breathing. Yet it would be another 8 hours, and after Stephens’ condition grew worse and her mother contacted 911 again, before the toddler would finally be transported to the hospital.

Stephens later died from pneumonia. She also had septic shock and a strep infection.

According to the plaintiffs, who are also seeking damages for Washington DC medical malpractice, paramedics that arrived following the first 911 call failed to diagnose any of these health issues.

Washington DC Injuries to Children: Banning Drop-Side Cribs

August 17, 2010 | Lebowitz & Mzhen

Parents of infants and toddlers can breathe a little easier. The CPSC is working to ban drop-side cribs by next year. Not only did the federal agency vote last month to cease drop-side crib manufacture, sales, and resales, but also it approved proposed new mandatory crib standards and agreed that cribs with drop sides should removed from daycare centers and hotels. Proposed requirements for the construction of new crib include use of better wood, stronger hardware, and sturdier mattress support.

Drop-side cribs have been a danger to kids for some time. In just the last decade, at least 32 children have died while in drop-side cribs. 14 other crib deaths occurred during entrapment accidents that may have been caused by a drop side.

Although current federal safety rules considers any product that malfunctions or breaks repeatedly to be a defect, this hasn’t stopped 14 crib companies from being named in over 900 drop-side related incident reports, many involving child deaths and hundreds of injuries. In the last three years, alone, the CPSC has recalled over 10 million drop-side cribs because they pose fall, suffocation, and entrapment hazards to kids. According to USA Today Simplicity, Delta, and Stork Craft have been the three largest makers of drop-side cribs.

Our Washington DC products liability lawyers want to remind you that crib manufacturers can be held liable for any injuries to a minor sustained by your infant or toddler. We know how devastating it can be to discover that your child’s crib, one of the few places where you would leave your infant or toddler unattended, actually ended up becoming a cause of injury or death.

Ban on drop-side cribs coming soon from safety agency CPSC, USA Today, August 12, 2010
Government nears new standards for cribs, ban on drop-side cribs, CNN, July 15, 2010
CPSC Proposes New Rules for Full-Size and Non-Full-Size Cribs, CPSC, July 14, 2010
Related Web Resources:
Crib Recall 2010: Full List to Keep Your Kids Safe (Evenflo, Delta, Child Craft, Jardine, LaJobi, Million Dollar Baby, Simmons, CBS News, June 24, 2010
CPSC Recall List, Consumer Product Safety Commission

Washington DC Pedestrian Accident Kills 11-Year-Old Boy in Georgetown

July 21, 2010 | Lebowitz & Mzhen

11-year-old Zachary Hodges has died. The boy passed away on July 12 one day after sustaining a severe head injury during a Georgetown pedestrian accident in Washington DC.

The woman whose car struck Hodges did not sustain any injuries. Following the Washington DC pedestrian accident site, the driver and her passenger stayed at the crash site.

Hodges is not from the area. His family was in Washington DC for a visit when the tragic accident occurred.

Child Pedestrians

Young children are at high risk of becoming involved in a pedestrian accident. Not only are they smaller and harder for some motorists to see, but they lack the judgment to known when it is safe to cross the street, sometimes opting to run into the road to pick up a ball or get to their friends who are playing on the opposite sidewalk. Many young children have no real sense that crossing the street can be dangerous. They may have a hard time gauging how fast a car is moving or whether there is enough time to cross the road before they are hit by a motor vehicle.

Although parents are responsible for training their child to safely cross the street and making sure that younger kids do not cross the street without adult supervision, it is still a motorist’s responsibility to drive safely, obey the traffic laws, and refrain from negligent or careless driving so that they don’t accidentally injure a pedestrian.

Name Of Texas Boy Killed In D.C. Auto-Pedestrian Accident Released, KWTX, July 13, 2010
Boy struck by car in Georgetown dies, The Washington Post, July 12, 2010
Related Web Resources:
Educating Child Pedestrians, WalkingInfo

District Department of Transportation

Maryland Accident Law Blog

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