Articles Posted in Injuries to Minors

For the second time in as many months an infant has died in an Oregon day care facility. More shockingly, this latest tragedy took place “at a Southwest Portland day care previously cited three times for illegally watching children without a license,” The Oregonian reports.

As I detailed in a blog post last month, the earlier death took place in Portland and involved a 10-month-old boy. In that instance, it was the second infant death in the facility in as many years. The incident led state authorities to close the day care center, but left significant questions unanswered. Notably: how had the facility remained open after the first death?

In this instance many of the same questions need to be asked, perhaps even more urgently. The victim at the Southwest Portland facility was not-quite five months old. The Oregonian reports that “police are awaiting results of an autopsy and toxicology report, which could take several months” but the more immediate question is how a care facility with three pervious citations for operating illegally could still be in business in the first place. According to the newspaper, all three of the citations for illegal operation were issued in the last 10 months.

The death of a 13-year-old girl last week in southern Oregon’s Jackson County should prompt a broader discussion about how we keep children safe as they wait for school buses, especially in rural areas.

As detailed by The Oregonian, the girl was waiting for the school bus at the end of her family’s driveway “on a rural Jackson County road… when she was struck by a passing vehicle, something attached to it or the vehicle’s load.” A search is on for the driver, whom police say may not have even been aware of having struck the child. The fact that so many questions remain unanswered about how the girl was hit, and even at a more basic level what hit her, indicates that law enforcement and school officials still have much work to do. But those essential tasks should not cause police, school officials and the wider community to miss addressing another critical question raised by this child’s death: was standing at the end of her driveway a safe and well-thought-out way for her to be waiting for a ride to school?

In an era of near-constant educational cutbacks we should start by asking whether it was really necessary to have a lone girl standing where her family’s driveway met the road? Was this the only way for the bus to pick her up, or was it just the most efficient way to plan the bus driver’s route? When those bus routes were planned how much thought was given to student safety? As winter approaches and the days continue to get shorter this is a particularly pressing question. According to The Oregonian last week’s fatal accident took place before 7:30 am (the time at which the child’s body was discovered by a passer-by). Over the next four months it will not be unusual for children to be waiting for their school buses in the dark or in half-light and for them to be walking home from their bus stops in the afternoon dusk. Such considerations need to be at the forefront of route planning, and cannot merely be an afterthought.

The Oregonian reports that state officials are moving to close the a Portland day care center after a child died at the facility. What makes this incident particularly distressing is the news that this is the second Oregon child death at the center in 18 months.

The newspaper reports that police have not disclosed the circumstances of the fatality, and that the medical examiner is still conducting an investigation. The paper adds, however, that “state regulators immediately suspended all childcare at the facility… concluding that circumstances there presented ‘a serious danger.’”

The paper notes that “Oregon has recorded eight deaths at licensed day cares since 2007, according to the Office of Child Care. With more than 4000 facilities in the state, there have never been two deaths at the same location, the child care office said.” The newspaper quotes an official from the office describing the situation as “unprecedented.”

The sad case of a 10-year-old Klamath Falls girl and the severe injuries she suffered when attacked by four dogs has brought the complex legal questions surrounding Oregon dog attacks back onto the public agenda.

As reported by area newspapers the East Oregonian and the Herald and News the June attack left the girl with “a torn scalp, punctured lung and broken ribs” and required several weeks of in-patient treatment at a Portland hospital. A ‘GoFundMe’ page set up by friends and neighbors to help the family deal with medical expenses quickly raised over $15,000, according to the Herald and News.

Meanwhile, according to the East Oregonian, legal proceedings concerning the dogs moved ahead. Earlier this month the Associated Press reported that the Klamath County Commission “voted unanimously… that it was in the public interest to euthanize the animals.” The paper reported that the commission, after investigating the attack, determined that the owner of the dogs, all English mastiffs, had the “inclination but not the ability” to keep the animals under proper control. It rejected an offer on the owner’s part to move the dogs to a different part of the state.

A groundbreaking study published last week by the New York Times has reverberated through the sports world. “A neuropathologist has examined the brains of 111 NFL players – and 110 were found to have CTE, the degenerative disease linked to repeated blows to the head,” the paper writes.

A few days later, National Public Radio reported that the NFL was ending a $30 million research partnership with the National Institutes of Health. Citing original reporting by ESPN, NPR said that after almost five years nearly half of the funds the league committed to the study of brain injuries remained unspent “following a bitter dispute in 2015 in which the NFL backed out of a major study that had been awarded to a researcher who had been critical of the League.”

It goes without saying that youth and high school sports are a far cry from the NFL, but with these two stories in the news it is worth revisiting the issue of youth sports and TBI for two reasons. First, anyone playing in the NFL only got there after years of youth, high school and college football. It has long been established that head injuries have a cumulative effect, so it is incumbent on all of us to ask what can be done to minimize these injuries long before young people get to the professional level. Second, and more importantly, whatever one may think of the NFL’s approach and attitude toward concussion issues, professional football players enter each game with the best equipment possible – including helmets built to standards far more exacting than anything a middle or high school student wears onto the field. That, in turn, requires us to look carefully at both the practices and the laws governing youth contact sports to see whether we are doing everything we can to prevent injuries to children.

The Associated Press reported earlier this month on a boy who died “after falling off a parade float on his seventh birthday.” The tragic event took place during the Miner’s Jubilee Parade in Baker City. The news agency says the boy “was struck by the rear wheels of a commercial vehicle” after falling from the float.

According to AP the authorities in Baker City are treating the event as an accident. But even if this tragedy was an accident that does not mean that no person or organization bears responsibility for what happened. Indeed, when a child is killed or injured all of us have a special obligation to investigate the circumstances to the fullest possible extent.

From a legal standpoint, this means looking at questions of health and safety in much the same way we might consider any other question of negligence leading to an injury or death. Special attention needs to be paid both to the organization of the parade and to the construction and operation of the float on which the child was riding.

The news last week that a 3-year-old Beaverton girl was in critical condition after falling from a 2nd floor window is the most tragic sort of reminder of the importance of window safety. As I have written on several previous occasions, when children die or are injured in window falls the incidents are especially sad because they are so easily preventable.

According to television station KATU emergency services crews responded to reports of the fall and found that the girl had landed on a concrete surface below the window. She was taken to the Oregon Health and Science University Hospital (OSHU).

This summer, as it has for several years, SafeKids Oregon is promoting a campaign called ‘Stop at 4’ (see link below). The name refers to the maximum distance – 4 inches – that windows should be allowed to open in any place where children are, or even might be, present. The campaign also encourages the installation of safety bars on windows.

According to a recent Oregonian article there have been three instances of water-related fatalities in Oregon in just the last few weeks. With the long holiday weekend upon us, that makes this an especially important moment to remind everyone of essential safety precautions, especially when it comes to preventing injuries to children.

In an article this week the newspaper noted that “authorities suspended their search… for a missing swimmer who’s presumed drowned at Three Pools, a popular swimming hole in Marion County. A man who jumped into the North Umpqua River in Douglas County is also presumed drowned. And a Portland man is presumed drowned after he jumped into the Clackamas River.” It goes on to note that 21 “people drowned in public, natural waterbodies in Oregon and southwest Washington last summer.”

Memorial Day weekend will bring even more people to the water, and potentially expose them to a wide variety of dangers, but the good news is that many of these can be minimized through a few basic, common sense precautions. Among the easiest – and most important – is ensuring that everyone in a boat, canoe or kayak is wearing a life jacket. Nearly a year ago I used this space to publicize the Aaron Peters Water Safety Fund, a non-profit dedicated to keeping everyone, but especially kids, safe when they are on the water. The fund, as its website explains, “is designed to help aid in building kiosks for life jackets” with the goal of preventing drownings in high-risk areas. Life jackets can be borrowed from APWSF kiosks for free. Last summer the fund exceeded its initial goals by setting up kiosks in eight locations around the state in just a few months. The link below offers both a complete list of the current kiosks and more information on the fund and it’s important work.

2016 saw “the largest number of children’s product recalls in more than a decade,” according to the Chicago Tribune and a report published earlier this month by the non-profit watchdog group Kids in Danger.

The unusually high total was driven by two especially high-profile recalls: IKEA’s withdrawal of its Malm collection dressers and chests of drawers (click here for the blog I wrote on the subject after a $50 million settlement in the case was announced late last year) and McDonald’s move to recall millions of activity watches after the wristbands were found to cause skin irritations. The Tribune reports that each of these incidents accounted for around 29 million units out of a total of nearly 67 million units of children’s products pulled off the market in 2016.

The executive director of Kids in Danger, speaking to the newspaper, summarized the problem succinctly: “This is not a regulatory problem,” she said. “This is a problem with companies not acting quickly enough to take what is a dangerous product out of use.” The IKEA case is a particularly striking example because the now-recalled dressers had been on the market for many years. One death linked to them took place in 1989.

A recent article – written by a doctor – in the New York Times states it bluntly: “The mix of drinking and driving is as dangerous to adolescents as you think it is, dangerous when adolescents are driving, and also dangerous when they are the passengers.” The piece goes on to note that “alcohol is a factor in half of the deaths of people under 21 from motor vehicle crashes.” The article also notes that alcohol-related traffic accident deaths among teens are roughly evenly distributed between drivers and passengers.

In one sense this is not news, but at a broader level it is good to be reminded of how serious an issue drunk driving still is, despite decades of public awareness campaigns. That it should still be a factor in so many teen deaths is perhaps a bit surprising a generation after the drinking age was raised to 21 throughout the country.

According to the newspaper parental example remains one of the most powerful factors in determining young people’s attitudes toward drinking and driving. “What parents do – the way they drink and whether they drink at all – is more important than what they might say about alcohol,” the Times notes. Studies have found that peer pressure also remains a serious issue: teens are much more likely to binge drink if they are hanging around with other people their own age who are doing the same thing. Oregon, like every state, has strict laws governing both drunk driving (ORS 813.010) and the broader category of reckless driving that often accompanies it (ORS 811.140). The possibility of serious consequences including injuries to children and wrongful deaths is one of the things that makes drinking and driving such a serious matter.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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