Articles Posted in Injuries to Minors

Last week the Associated Press reported on a terrible house fire in Riddle, in rural Douglas County, that left four children dead and their parents and a sibling in critical condition at a Portland hospital. According to the news agency the cause of the deadly house fire was a space heater.

AP cites a Facebook post by the local fire chief in which he explains that “a component of the family’s fireplace that circulated heated air back into the house had malfunctioned several days before. The family bought the space heater to stay warm until they could get the fireplace repaired. Four children ages 4 to 13 died in the blaze.”

As a 2014 article in the Vancouver Columbian noted: “the Federal Emergency Management Agency reports that while only two percent of home fires involve portable heaters, they account for a disproportionate 25 percent of fire fatalities.” The paper added a warning for consumers that “it’s easy to miss a recall notice.” Indeed, it is easy to miss precisely because there are so many of them. A search of the Consumer Product Safety Commission’s recall database turns up page after page of heater recalls. Every few months some model or other is pulled from the market. This situation has continued for years.

The announcement last month that furniture giant Ikea will pay $50 million to the families of three children killed when its dressers tipped over on top of them may bring closure for families of the victims. The broader question is whether it will lead to long-term changes in the company’s behavior.

As a recent article in The Washington Post outlines “the children, no more than two years old, died when Ikea dressers toppled over with crushing force. In all cases the lethal furniture was one of Ikea’s Malm dressers, a line of popular assemble-it-yourself chests.” The newspaper adds that “such a payout may be among the largest-ever settlements of its type.”

In looking at Oregon’s laws concerning dangerous products and injuries to children large corporations often take solace from ORS 30.910. This states that “it is a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use.”

The extraordinary news of a lawsuit filed this week in Los Angeles alleging that a major university looked the other way as a school doctor abused students, some of them Olympic-level athletes, is a stern but necessary reminder of the role our courts play in holding abusers to account.

According to detailed reporting by ESPN “officials at Michigan State University missed early warning signs about… the school doctor and former USA Gymnastics team physician accused in recent months of multiple sex crimes.”

According to ESPN, citing legal proceedings, the team doctor conducted what he called “inter-vaginal adjustments” on an 18-year-old athlete who had come to him for treatment of back pain. Over time the ‘treatments’ became more and more intrusive to a point where few reasonable people reading the descriptions of them could characterize them as anything other than sexual assault.

Two recent articles in the online health publication MedPage Today are the latest of a growing number of pieces questioning the effectiveness of “Heads Up” – the youth sports concussion awareness and prevention program sponsored by the federal government’s Centers for Disease Control and Prevention.

As the journal outlines, “Heads Up was launched in 2003 by CDC’s Injury Center and 26 partners, including the National Football League, YMCA and medical societies. Organizers produce and distribute resources, statistics and overviews of concussion laws and policies focused on high school sports, youth sports, parents, schools and health care providers.” The NFL has sponsored its own variation on the program, canned “Heads Up Football.” Despite their similar names, the NFL’s program is not formally connected to or endorsed by the CDC, according to MedPage Today. It’s use, however, is mandatory in youth football programs here in Oregon according to the journal (the only other state that requires coaches and youth football programs to use Heads Up Football is Vermont, though the program has gained widespread acceptance nationwide). Heads Up Football is designed to promote safe tackling and blocking techniques.

The question, however, is whether it works and a lot of that is a question of enforcement. The article notes that a study in Texas found that “among 185 school athletes who were examined for concussions at the hospital’s sports clinic in 2014, 38% had returned to play the same day they suffered the head injury – without being cleared by a medical professional and despite medical guidelines and state law that should have kept the students on the sidelines.”

Today is back to school day here in Portland and that means that in many neighborhoods the streets and sidewalks are going to filled with kids headed to school in the morning and home or to after-school activities each afternoon. Coming one week after a 15-year-old was killed while crossing a city street this is a time to reflect on what we can all do to help keep kids safe.

According to a report by TV station KATU, the fatal crosswalk accident took place earlier this month at the corner of Southeast Hawthorne and 43rd. The 15-year-old girl was hit by a 20-year-old driver who “was passing other cars, reaching upwards of 60 mph” before the fatal accident. The girl’s friends and family came together last Friday for a memorial bike ride in her honor that began on Salmon Street, stopped at City Hall and ended at the accident site. “The protestors, specifically, have taken issue with Vision Zero, Portland’s initiative to reduce and eventually eliminate traffic deaths,” KATU wrote about the memorial ride. “Critics argue the initiative hasn’t done much except outline a goal.”

With the accident freshly in mind The Oregonian offered some useful reminders concerning back-to-school safety. The newspaper notes that there are no statewide regulations requiring school zones to be identified in a consistent manner. That creates a special responsibility for drivers to be aware of their surroundings, since it isn’t always immediately clear that one is around a school, especially when in an unfamiliar neighborhood or city. The paper notes that only 30 percent of kids arrive at school in a family car and 22 percent ride a school bus. That leaves about one-third of all students walking to school while another 10 percent ride bikes.

With the first day of school here in Portland now less than two weeks away this is a good time to focus our attention once again on the issue of lead in school drinking water. As I wrote in a blog last May, the issue emerged with special urgency as the previous school year drew to a close with the citywide scandal in Flint, Michigan drawing national attention to lead poisoning issues nationwide.

Unfortunately if local and national media coverage are anything to go by the answer to the question: ‘Have the Portland schools used the summer months to fix the problem?’ is: hard to say; it isn’t clear. An article published in The Oregonian just this week focused on similar problems in Beaverton – indicating that the problem is not confined to Oregon’s largest city, but with the Portland Schools still trying to finalize selection of an interim superintendent attention appears to have drifted away from the issue of lead in the school system’s drinking water.

As a report last week in The Oregonian detailed, the Portland Public Schools system’s record is not good. “Lead-reducing filters cost about $100 and are proven by independent laboratories to reduce lead to below 10 parts per billion. The district used filters that in 2008 cost $12.87 apiece.” A 2007 plan to install filters directly on drinking fountains went awry when it was discovered that the contractor used the wrong filters. A 2011 attempt using a different company led to filters that were supposed to last seven months failing after only 12 days.

Two months ago I wrote about the legal issues surrounding traveling carnivals and the fact that in many parts of the country they receive far fewer safety inspections than one might think. The death last week of a 10-year-old boy who was riding what is billed as the world’s largest waterslide, has brought these issues sharply into focus with new attention being paid to fixed-location rides in theme parks, and how they differ, in regulatory terms, from traveling carnivals. The 168-foot-tall waterslide where this month’s tragedy occurred is located at an amusement park near Kansas City, Kansas.

One might expect that large rides designed to induce an adrenaline rush through speed and danger would receive more regular and more careful attention than a traveling show: they offer even greater potential danger (because of the heights and speeds involved) yet are far easier to inspect (since they are not constantly moving from town to town). As the reporting since last week’s tragedy has shown, however, that assumption is badly misplaced.

The Kansas City Star reports that the “responsibility for inspecting Schlitterbahn water park rests primarily with its owners, not any state or federal agency.” The newspaper added that the water slide where the boy died “had not been inspected by the state since it opened two years ago, government records show.” More tellingly, the paper reports that a Kansas law governing amusement park rides requires annual inspections but allows these to be conducted by private-sector inspectors hired by the ride’s owners. The state can audit the inspection records, but is prevented by law from doing so more than twice every six months. According to the Star there have been no state inspections of the waterslide where the boy died in the two years since the ride opened.

Late last month Ikea agreed to recall 29 million children’s chests and dressers that had been sold in the United States and Canada since 2002. After pressure from the public and state media in China the company extended the recall to that country as well, adding another 1.7 million units to the total, according to a recent article in Slate.

“The Swedish company announced the American recall after the deaths of at least six toddlers, cases where the near-ubiquitous Malm and other models of chests and drawers toppled over and fell onto children,” Slate reported. Yet as the online magazine also reports, Ikea says it has no plans to recall millions more units that have been sold outside North America and China.

According to the Consumer Product Safety Commission “the recalled chests and dressers are unstable if they are not properly anchored to the wall, posing a serious tip-over and entrapment hazard that can result in death or serious injuries to children.” The announcement on the CPSC website (see link below) noted that the agency and Ikea are aware of three fatalities and at least 17 injuries linked to the chests tipping over. All three of the tragic deaths involved children under the age of two. In each of these cases the chest or dresser in question was not secured to a wall.

Last Friday was a significant day in Gresham. It marked the first anniversary of the death of 13-year-old Aaron Peters, and also the dedication of what family and friends hope will be the first of many monuments built in his memory.

A gathering in Gresham’s Oxbow Park, near the site on the Sandy River where Aaron drowned last year, marked the dedication of a life jacket kiosk funded with money raised by the Aaron Peters Water Safety Fund. The kiosk offers several dozen life jackets in sizes from infant to adult. They are available for free as loans to anyone using the park who wants or needs them. “We don’t want any family to go through what we did. If one person is saved it’s all worth it,” Aaron’s grandfather, Don Wood, told television station KGW at the ceremony.

Through the fund the family hopes the Oxbow Park kiosk will be only the first of many. Statistics compiled by the Centers for Disease Control indicate that drowning is a surprisingly widespread problem, especially among children and teenagers. “From 2005-2014 there were an average of 3,536 fatal unintentional drownings (non-boating related) annually in the United States – about 10 deaths per day,” the CDC website reports. It goes on to note that while small children are more likely to drown in a swimming pool “the percentage of drownings in natural water settings, including lakes, rivers and oceans increases with age.” Among teens 15 and older 57% of all drownings take place in natural waters. Since rivers are rarely protected by lifeguards the presence of a kiosk like the one dedicated in Gresham last Friday can make all the difference for a child or adult wanting to take advantage of the river.

An account in The Oregonian this week of a bereaved mother suing both a property management company and a window blind manufacturer in the wake of the death of her 3-year-old daughter is drawing attention to yet another preventable household safety hazard.

According to the newspaper, the toddler was visiting a family friend with her mother in February 2015 “when she became entangled in a dangling cord.” The girl’s mother “was in the same room with her, but hadn’t realized what was happening until it was too late, said a lawyer for the estate.” The suit targets both the property management company that ran the apartment complex in Clackamas, and “blind manufacturer Newell Window Furnishings for allegedly allowing cords longer than 7-1/4 inches to hang from the window covering at the apartment complex” the newspaper reports. That length is the standard recommended by Parents for Window Blind Safety and other advocacy groups.

What is particularly striking about this case is the revelation that the management company allegedly failed “to remove dangerous cords from the apartment even after recalls and retrofitting efforts initiated by blinds makers in 1994 and again in 2000.” One has to ask, however, if the industry has been aware of this critical safety issue for more than 20 years, why are blinds with dangerously long cords still in apartments and homes anywhere?