Injuries to Minors

August 29, 2012

Wrongful Death Suit Filed in Teen’s Disappearance

The family of a New York teenager who disappeared on a trip to Hawaii and is presumed dead has filed a wrongful death lawsuit in federal court in Hawaii, claiming that the guides on their son’s tour made an “outrageously reckless and irresponsible decision” in taking a group of high school students into a “treacherous lava rock area,” according to accounts by the Associated Press and a local Honolulu TV station.

The 15-year-old boy from White Plains, New York was visiting Hawaii with a teen tour group. Both the umbrella group and its local contractors were named in the suit, the news agency reports. According to the AP, while hiking on July 4 the group “stopped to rest at a tide pool, authorities said. The teens were led to an area that’s out of a state-permitted area despite dangerous surf warnings, according to the suit.”

When large waves came into the tide pool the children scrambled for cover but the victim was swept out to sea. The guides and their employers contend that the adults on the scene did all they could to search for and save the victim, but he has been missing ever since and is now presumed dead.

August 15, 2012

Washington child safety lawsuit highlights school safety issues

by Matthew D. Kaplan

A Washington child safety lawsuit filed against the Bremerton school district, near Seattle, offers a stark reminder of the importance of ensuring that our children are safe in school.

According to an Associated Press report posted on the New York Times website, the victim was an 8-year old girl who suffered serious injuries “when a gun in a classmate’s backpack went off.” The news agency notes that the family is suing the school district alleging that “it failed to heed clues the boy was dangerous.”

The AP reports that the law suit claims “that the boy who brought the gun to school was acting out and fighting. It also says the boy had told several other children his intention to bring a gun to school.” The victim “required numerous surgeries and suffered lifelong injuries when the bullet pierced her internal organs and lodged in her spine.”

August 10, 2012

Oregon Child Injuries May Be Averted by CPSC Penalty

by Matthew D. Kaplan

A recent announcement by the Consumer Product Safety Commission that Burlington Coat Factory has agreed to a civil penalty totaling $1.5 million is a victory for everyone concerned about injuries to Oregon children.

According to a CPSC news release: “The settlement resolves CPSC staff allegations that from 2003 to 2010, Burlington knowingly failed to report immediately to CPSC, as required by federal law, that it had sold many different children’s sweatshirts and jackets with drawstrings at the neck.” It adds that drawstrings at neck level can cause strangulation “that can result in serious injury or death.” The government has recommended against them for many years and they have been formally banned since 2006.

Even more disturbingly, the CPSC alleges that between 2008 and 2012 Burlington “knowingly sold or had in its store inventories many of these garments after they had been recalled.” The resulting $1.5 million civil penalty is the largest that the commission has ever assessed for a violation of this type.

July 29, 2012

Child Injury Risk Leads to Massive Stroller Recall

by Matthew D. Kaplan

The death of a six month old baby eight years ago, and another closely-averted tragedy two years later, set in motion a chain of events leading to the recall this month of hundreds of thousands of potentially dangerous strollers, according to a report by the Associated Press.

The strollers were finally recalled a few days ago “because children can become trapped and strangled between trays on them,” the news agency reports. The manufacturer, Peg Perego USA, issued a recall effecting “approximately 223,000 strollers, which include Venezia and Pliko-P3 strollers in various colors, made between January 2004 and September 2007.” The recall affects strollers with “a child tray and one cup holder.” Models with differing designs are not subject to the recall.

The article also notes the announcement of a much smaller recall (5,600 units) of strollers from another manufacturer: Kolcraft Enterprises. These are being pulled off of the market “due to potential falling and choking hazards,” the AP reports. The action stemmed from six reports of broken front caster wheels “and two reports of the basket’s support screws and nuts detaching.”

July 12, 2012

$3 Billion Healthcare Fraud Settlement Spotlights Oversight Importance

by Matthew D. Kaplan

Earlier this month news broke of a head-spinningly large fraud settlement involving the pharmaceutical giant GlaxoSmithKline. According to ABC News the company “agreed to an unprecedented $3 billion settlement with the US government over allegations that the company advertised drugs for uses not approved by the Food and Drug Administration.”

Over the years we have all become a bit numb to horror stories about the health care industry. One of the few things both sides in the debate surrounding the Affordable Care Act appear to agree on is that the US healthcare system is in need of significant reform (exactly what sort of reform is a subject of far more debate).

Cases like this are the sort of thing that not only give an entire industry a bad name, but make reasonable people wonder how much deeper, and broader, corporate fraud is in the health care and pharmaceutical industry. To what extent are other companies putting their own profits ahead of patient and consumer safety?

July 8, 2012

Another Window Fall Highlights Importance of the Issue Here in Oregon

by Matthew D. Kaplan

This is not the first time this summer that I have written about the danger of window falls. With the news, however, that another Oregon child has been injured falling from a window it is important to reemphasize the subject. As a recent article in The Oregonian notes, the latest incident “marked the fourth time a young child had fallen

The most recent incident took place in Portland and was serious enough that a LifeFlight helicopter was required to get the young victim to a hospital for emergency treatment. The Oregonian reports that the child, who is only five years old, was “critically injured.”

“It appears he opened the window by himself and somehow fell out,” a Portland Fire Bureau spokesman told the paper. Coming as this does at a moment when SafeKids Oregon’s ‘Stop at 4’ campaign is in full swing, this is a timely reminder of the window safety precautions that are essential for almost anyone – but especially for people who will have small children in their homes at any point this summer.

June 25, 2012

Oregon Child Injury Highlights Importance of Window Safety

by Matthew D. Kaplan

I have written in the past about the importance of window safety. Too many people forget at this time of year that screens are designed to keep bugs out, not to keep children in, and fail to take essential precautions.

This reminder is prompted by a recent report in The Oregonian about a Cedar Mill toddler who “was taken to a local hospital after she punched through a screen and fell from a second-storey window.” Even more frighteningly: “the girl reportedly fell from the window and first landed on a slanted roof. She then rolled off the roof and hit a mix of pavement and bark dust” the paper adds citing local Tualatin Valley first responders.

The child was taken to an area hospital and her injuries are reported not to be life-threatening.

June 15, 2012

Oregon Supreme Court Backs Release of Boy Scout Files

by Matthew D. Kaplan

An important decision announced yesterday by the Oregon Supreme Court bolsters both the principle of openness in our court system and the idea that a key function of the courts is to enforce accountability.

According to the New York Times a unanimous ruling by the Oregon Supreme Court “cleared the way… for the release of thousands of pages of documents detailing accusations and investigations of sexual abuse or other improprieties by Boy Scout leaders around the nation from the mid-1960s into the 1980s.” The documents, which the Scouts’ leadership referred to as “the perversion files” were the keystone of the 2010 sexual abuse case that focused national attention on the organization. The organization was fined over $18 million because of its efforts to cover up the abuse of young boys rather than reporting it to authorities.

It is sad to see that even now the Scouts seem more concerned about protecting their organizational reputation than they are about the many injuries to children enabled by their decades-long conduct. As described by the Times, the files “were kept as a way of weeding out bad leaders and preventing abuse” but proved to be especially damaging to the organization because they offered proof that the Scouts’ leadership knew of cases of sexual abuse but did nothing to bring the guilty adults to justice.

May 25, 2012

Missing Children’s Awareness Day

by Matthew D. Kaplan

As we head into the long holiday weekend – with the summer months stretching out ahead – it is appropriate to take a moment today to mark “Missing Children’s Awareness Day,” so designated by the federal government.

May 25 was chosen as Missing Children’s Awareness day nearly 30 years ago – in 1983 – in memory Etan Patz, the six-year-old New York City boy who disappeared while walking to his school bus stop in 1979. The anniversary is especially poignant this year because just yesterday a man in New Jersey came forward and confessed to Patz’s long-unsolved death. Today, the day chosen in Etan’s honor, he was charged with murder in a New York court. There could hardly be a more poignant way to mark this year’s Missing Children’s Awareness Day.

According to radio station KUIK, Oregon’s state records show that as of late last month 464 children were listed as missing here in our state. The radio station, citing state law enforcement sources, reports that of the children on that state list “about 90% are runaways.” Injuries to children are a constant worry for many parents, but the added burden of fearing for a child’s day-to-day safety while having little or no idea where to find them is something no one should ever have to go through.

May 14, 2012

Oregon Child Safety: Some Good News

by Matthew D. Kaplan

A recent report released by the Centers for Disease Control and Prevention offers some refreshingly good news concerning Oregon child safety and Oregon injuries to children. As summarized by the Associated Press, the report indicates that, nationwide, “accidents are killing far fewer children and teenagers than in the past.”

The even better news for us here in the Pacific Northwest was that Oregon was among the states reporting the greatest declines in injuries and deaths among young people.

As the news agency reports, across the United States “the death rate for youths age 19 and younger dropped about 30 percent from 2000 to 2009. The number of deaths dropped too, from about 12,400 to about 9,100.” Much of the drop in fatalities can be attributed to an especially dramatic 41 percent fall-off in traffic-related deaths. “The CDC didn’t analyze exactly what caused that decline, but officials believe it was helped by measures like graduated drivers’ licenses and use of child safety and booster seats,” the article, as republished by Roseburg TV station KPIC, notes.