Child Injuries

November 1, 2010

Massachusetts sporting accidents a leading cause of concussions and Traumatic Brain Injury

Our Boston injury attorneys note recent articles in Sports Illustrated and USA Today highlight the risk of head injuries and Massachusetts sports injuries, particularly for high-school athletes.

Massachusetts Personal Injury Attorney Jeffrey S. Glassman has a special interest in helping young athletes who have been injured in a sporting accident. The National Youth Sports Safety Foundation was founded after his sister suffered a debilitating back injury that ended a promising tennis career after she was placed on an inappropriate weight-training program.

Sports Illustrated reports that smaller hits than previously thought may lead to concussions, particularly in contact sports like hockey and football. And the resulting brain damage begins much earlier than previously thought.

Researchers had believed that 80 times the force of gravity was needed to cause concussions — heading a soccer ball produces about 20gs. They were stunned to learn hits of 100gs or more were common in high school football practice. Participants in the study subsequently scored 20 percent lower on memory tests.

And a concussion was not necessary for reduced test scores. Of 11 players examined in one set, three had suffered concussions while the other eight had not. Nevertheless, four of those eight players showed significant declines in visual memory. Moreover, the force of the hits was primarily in the 40g to 80g range, or about half of what was previously though necessary for adverse results.

Traumatic brain injury can range from a concussion to a penetrating head injury suffered in a car accident. Symptoms can take months to surface and the full impact of such injuries may not be known for years, or even decades. Our Massachusetts injury lawyers believe it is imperative for those who suffer a head injury to seek the advice of an experienced law firm. While such injuries may present as little more than a minor annoyance, taking the steps to protect your rights in the event a claim needs to be filed in the future can be a critical step to protecting the rights of you and your family.

The Centers for Disease Control and Prevention reports about 1.7 million people will suffer a brain injury each year. Of those, 1.4 million will be seen in hospital emergency rooms, 275,000 will be hospitalized and 52,000 will die.

The most common causes of TBI are auto accidents, fall and sports-related injuries.
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September 19, 2010

Many ways for children to be injured in Massachusetts car accidents

by Jeffrey S. Glassman

As part of National Child Passenger Safety Week (Sept. 19 to 25), the National Highway Traffic Safety Administration is working with parents to help warn children of the dangers in and around vehicles.

While a primary focus is on car seat safety, there are a number of other ways a child can be seriously injured or killed in a Massachusetts car accident, including backover accidents, kids left in hot vehicles, seat belt entanglement, power window accidents, vehicle rollaways and trunk entrapments.

As we reported on our Boston Personal Injury Attorney Blog, a properly fitted car seat is critical to child safety. But many other types of accidents are easily preventable with some safety training and common sense.

Children and hot vehicles

Even with cool temperatures in the 60s outside, the temperature inside a car can rise 20 degrees in 10 minutes and often exceeds 110 degrees Fahrenheit. Children can quickly become incapacitated and die inside a hot car. Sometimes they are tragically left inside by a parent or caregiver. Other times, they may find their way into a vehicle and be unable to get out.

San Francisco State University reports there have been 43 deaths as a result of children left in hot cars so far in 2010, up sharply from the 33 who died during all of 2009. Almost 500 have died in the last two decades.

-Never leave a child unattended.
-Teach children that vehicles are not a play area.
-Never leave children or infants in an unattended vehicle, even with the windows down.
-Make a habit of looking in the front and back of a vehicle before leaving.

Other tips and information about children left in vehicles is available here.

Backover Accidents

These accidents frequently occur as a car is backing out of a driveway or parking space.

-Teach children not to play around cars.
-Supervise children at all times when around a vehicle.
-Always check the area and walk around your vehicle before backing up.
-Teach children to move away from a vehicle whenever a driver gets in it.

More tips on avoiding backover accidents are available here.
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August 5, 2010

Massachusetts ATV accidents, child injuries, targeted by new safety law

by Jeffrey S. Glassman

New rules aimed at preventing children from being injured in Massachusetts ATV accidents are drawing praise from parents and safety advocates, the Boston Globe reported.

As we reported in June on our Boston Personal Injury Attorney Blog, lawmakers passed the new rules 141-12. The governor is soon expected to sign it into law. Among other things, it will increase the minimum age for riding an ATV to 14, from 10. It is named for Sean Kearney, an 8-year-old Waltham boy who died after a 500 pound ATV flipped over and pinned him face down in the sand.

Katie Kearney said “this bill will be one of the toughest in the nation.”

In 2004, and 2005, nearly 1,000 children were injured in Massachusetts ATV accidents. During the past 20 years, more than 2,500 children under the age of 16 have died in ATV accidents nationwide, according to the Consumer Product Safety Commission.

The new rules will also restrict the size of an ATV riders ages 14 to 16 are permitted to ride and will require riders in that age range to be supervised by someone over the age of 18. Riders under the age of 18 will also be required to take vehicle safety and responsibility courses before riding all recreational vehicles, including motorcycles, dirt bikes and snowmobiles.

Ken Anderson, president of the Massachusetts ATV Association, said the pending new law is unfair, considering “that the majority of injuries occurred in circumstances that were already in violation of existing statute, regulation, and common-sense best practices.”
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August 3, 2010

Boston swimming pool accident claims life of twins — for the second time in two weeks

by Jeffrey S. Glassman

A 4-year-old girl has died, less than 24-hours after her sister drown in the family’s in-ground swimming pool in Brockton, the Boston Globe reported.

It is the second time in less than a month that twins have drown as the result of a Massachusetts swimming pool accident. We reported two weeks ago on our Boston Injury Attorney Blog that twin toddlers drown in a swimming pool accident.

Statistics show that 9 out of 10 child drownings occur while an adult is directly supervising a child. Authorities are encouraging parents to practice “touch supervision,” in which small children are never more than an arm’s length away. The Consumer Product Safety Commission reports that almost 50,000 people a year require emergency room treatment as the result of a swimming pool accident.

Each year, about 600 children die in swimming pool accidents, more than half of them are killed in swimming pools at home.

The CPSC offers swimming pool maintenance and safety tips.

In this case, the 4-year-old girl died shortly after midnight on Sunday. Her twin sister died Saturday afternoon.

Department of Children and Families reported receiving a tip about the twins and said it was also looking after the welfare of a 10-year-old child who was in a neighbor’s care. It is unclear whether DCF had received a tip prior to the accident and failed to properly investigate, or whether the tip came in response to the drownings.

CNN reports the pool appeared to be unused and in disrepair. The parents work as a nurse and a medical assistant.

The two girls were not breathing when pulled from the family pool about 10:30 a.m. on Saturday, according to the Brockton rescue officials. The twin girls that died in last month’s drowning accident were both 2-years-old.
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July 24, 2010

Defective child products, baby cribs, a serious threat to the safety of Massachusetts toddlers

by Jeffrey S. Glassman

The U.S. Consumer Product Safety Commission has voted unanimously to approve new mandatory safety standards for full-size and non-full-size baby cribs.

But families who think the government is vigorously reviewing products marketed to children to ensure safety, or that companies that sell children’s products are especially vigilant, would be sadly mistaken on both counts. Hundreds of defective products in Massachusetts are recalled each year by the federal government — many of them marketed to children. And hundreds more are undoubtedly sold to consumers despite serious safety defects that go undetected or unreported. A Boston child injury lawyer should be consulted whenever a child is seriously injured or killed by a defective product.

As CNN reports, the new rules come nearly 13 years after a New York mother began advocating for stiffer safety measures as a result of losing an infant in a tragic crib accident.

The infant got his neck stuck between the side rail and the headboard after a screw came loose. The new rules will essentially ban the manufacture and sale of drop-side cribs. The rules will also require better mattress support, better wood and hardware, stronger construction, and testing that does not permit tightening of screws between tests.

The CPSC has reported that an average of a dozen children a year are dying in drop-side cribs.

Consumers have the right to expect products that they purchase and bring into their home are free from serious or fatal flaws. Unfortunately, companies frequently put profits before consumer safety. Tragically, companies that market products to children are among the biggest offenders. Eighty-seven child products, not counting toys, have been recalled by the federal government so far this year — including at least 12 cribs.

Another 20 toys have been recalled by the CPSC
Drop-side cribs have been a frequent offender and can present a strangulation, choking or fall hazard to infants.

Last week, 82,000 Pottery Barn Kids drop-side cribs were recalled.

In June, Beco recalled a million drop-side cribs.

Seven other cribs were recalled just in the month of June.

Here is the full list of recalled child products, including cribs, issued by the federal government in the last several years.
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July 22, 2010

Tragic Massachusetts swimming pool accident claims life of twin girls in family pool

by Jeffrey S. Glassman

The tragic drowning deaths of twin toddlers in a Massachusetts swimming pool accident is a heartbreaking reminder of the need for constant supervision of young children around a swimming pool.

Constant supervision. Statistics show that 9 out of 10 child drownings occur in incidents where an adult was directly supervising a child. Many organizations encourage “touch supervision,” in which a capable adult is literally within an arm’s reach of a child at all times while in the water. In some cases, newer homes will be equipped with alarms on doors leading to the pool area. In all cases, alarms or door locks should be used in homes with young children.

As we reported on our Boston Personal Injury Attorney Blog over the Memorial Day weekend, Massachusetts drowning accident happen almost exclusively between Memorial Day and Labor Day and most involve young children. Whether an accident occurs in a residential swimming pool, a commercial pool (such as those at hotels, parks or tourist attractions) or in a family’s own pool, a Massachusetts child injury attorney should always be consulted to ensure that your rights are protected.

We understand that monetary damages cannot begin to compensate for the serious injury or death of a child. However, ensuring that resources are available is vital to treating a child injured in a near-drowning accident, the effects of which can last for months or years and may even result in symptoms presenting long after the incident. In cases, where a child tragically drowns, counseling for other family members, funeral expenses and other factors should be considered. In some cases, a defective pool product or safety device may have been responsible. In other cases, an experienced Massachusetts wrongful death attorney may be able to assist in seeking damages from your homeowner’s insurance policy.

In this case, the Essex District Attorney’s Office reports that police were called to a home in Lynnfield at about 10:20 a.m. Saturday for a report of babies in the pool, the Associated Press reported. The two-year-old girls were transported to the hospital, where they were pronounced dead.

The girls’ mother was home at the time. Authorities report the girls may somehow have managed to open a remote pool cover.

The Consumer Product Safety Commission offers Pool Safety Tips.
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July 13, 2010

Backover car accidents in Massachusetts a danger to pedestrians, children

by Jeffrey S. Glassman

A Hanson, Massachusetts pedestrian accident sent a 55-year-old woman to the hospital over the weekend, the Patriot Ledger reported.

The woman was struck by a small SUV while walking across the entrance to a driveway shortly after 9 a.m. Saturday. She was flown by helicopter to Massachusetts General Hospital, where she was listed in critical condition.

The accident happened as the SUV was backing out of a driveway.

Our Boston injury lawyers have reported on the high number of serious and fatal pedestrian accidents that occur in the Boston area. Massachusetts pedestrian accidents account for one in seven traffic fatalities — 61 of 429 in a recent year. More than motorcycle and bicycle fatalities combined and second only to motor-vehicle fatalities.

Nationwide, 4,378 pedestrians were killed in accidents in 2008, according to the National Highway Traffic Safety Administration and another 69,000 were injured. Somewhere in the nation a pedestrian is killed in an accident every two hours and a pedestrian is injured every eight minutes.

Back-over injuries, such as the injuries sustained in this case, frequently involve young children. The Consumer Union has documented 436 backover accidents in the last decade, primarily involving children under the age of 4.

These accidents occurred outside a child’s home or in a residential driveway and involved 270 fatalities. More than 60 percent of backover accidents involve large vans or SUVs.

Tips for avoiding backover accidents in Massachusetts:

-Walk around a vehicle before moving it.

-Know where kids are and keep them in full view.

-Teach children about the dangers of parked vehicles; never permit them to play around a vehicle.

-Measure the size of the blindspot behind the vehicles you drive. A 5 foot 1 inch driver in a pickup truck can have a rear blind spot of 50 feet.

-Keep in mind that steep inclines and large SUVs, trucks or vans can increase the difficulty of seeing behind a vehicle.
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June 30, 2010

Boston injury lawyers wish you a safe and enjoyable Fourth of July holiday

by Jeffrey S. Glassman

Boston Injury Lawyer Jeffrey S. Glassman and the staff at our law offices wish all of you a safe and happy Fourth of July holiday. Please do your part to celebrate responsibly, which means don’t drink and drive, practice safe driving and safe boating, and leave the fireworks to the professionals.

Fireworks are illegal in Massachusetts but that won’t stop many from traveling to Rhode Island where some fireworks have been legalized. The Boston Globe reports that Massachusetts is one of only four states where fireworks remain illegal.

While the Globe article makes light of the risk associated with fireworks, the fact of the matter is that fireworks accidents are a real danger around the Fourth of July. In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention. More than two-thirds of fireworks injuries occur around the Fourth of July.

-One-third of all fireworks injuries involve children under the age of 15 and nearly half of all fireworks accidents involve victims under the age of 20. The most frequent injuries reported involve the hands and eyes, as well as the head, face and ears. More than half of all injuries involve burns. Other common injuries associated with fireworks include contusions, lacerations, and foreign objects in the eyes. Fireworks injuries are associated with blindness, third-degree burns and permanent scaring.

-Firecrackers cause the most injuries, followed by sparklers and rockets. More than one-third of all fireworks-related deaths involve professional-grade fireworks that are sold to consumers.

-Common causes of injuries include the availability of high-grade fireworks being sold to novice users, being too close to fireworks, operator error, child curiosity and experimentation with homemade devices.

Residents and guests who are injured by fireworks, whether on private property or at a professional fireworks display, may be able to seek damages to recover the cost of medical care, lost wages, pain and suffering and other losses that result from a fireworks accident in Massachusetts.
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June 7, 2010

Parents encouraged to be proactive in avoiding Massachusetts car accidents involving teenagers

by Jeffrey S. Glassman

The Daily News Tribune has published a useful guide for parents seeking to properly insure their young drivers.

As our Boston Car Accident Lawyer Blog reported earlier this spring, summer is a dangerous time for Massachusetts car accidents involving teenagers. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death among teenagers ages 15 to 20. In 2008, more than 228,000 young people were injured and 2,739 were killed in traffic accidents. In Massachusetts, 68 young motorists lost their lives.

Well over half of all teen drivers in Massachusetts will be in a car accident during their first two years on the road.

Here are the steps you should take to help protect your teen:

-Add your teen to your insurance policy: Massachusetts law requires your child be added to your insurance policy when he or she gets a driver’s license. Begin the conversation with your insurance agent early.

Cost: The cost of insuring a teen driver depends on a number of factors, including driving record and experience, age and type of vehicle being driven, and where you live. Many parents are shocked to learn how much it costs to insure a teen driver. However, given the frequency of accidents, it may be worthwhile to select a higher premium with a lower deductible.

A car for your teen: SUVs have a higher accident rate than passenger cars. Their higher center of gravity also makes them more prone to rollover accidents. Additionally, the larger vehicle may give a teen a false sense of security. Conversely, smaller two-door vehicles have a higher injury rate. Newer cars with anti-lock brakes and airbags have fewer serious injury accidents. Vehicle safety ratings are available through the Insurance Institute for Highway Safety.

High-performance sports cars are often a poor choice for teen drivers. The insurance premiums alone may be enough to discourage allowing a teen to drive a sports car. Regardless of the car you choose, checking the insurance rates is a good idea before finalizing plans as your choice of vehicles can have a dramatic impact on the cost of insurance.

Massachusetts Law: Drivers under 18 will be issued a junior operator’s license. For the first six months, they cannot drive with friends unless a driver over the age of 21 is riding in the front passenger seat. Until they are 18, teens are not permitted to drive between 12:30 and 5 a.m. unless with a parent. Violations can result in a 60-day license suspension and a $100 fine.

Junior operators face a 90-day license suspension for speeding and must pass the learner’s permit and road tests again. Additionally, they will be required to pay a $500 reinstatement fee and complete a Driver Attitudinal Retraining Course.

Visit the Massachusetts junior operator’s website for more details.

Advanced Driver’s Courses: Enrolling your teen in advanced training can be a good idea. Parents should also monitor their teen’s progress and continue to set limitations on their driving rights. The state laws set minimum standards. But no two young drivers are alike and a parent is in the best position to monitor a child’s competence behind the wheel.

Focus on Safety: Continue to have frequent conversations with your child about the dangers of poor driving habits, including distracted driving, drunk driving and speeding.
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May 4, 2010

Massachusetts pedestrian accident injures 4; police allege teen driver intentionally drove into a crowd

by Jeffrey S. Glassman

A Norwell teen is facing attempted murder charges after being accused of an intentional hit-and-run crash, Channel 7 News reported.

The Massachusetts pedestrian accident seriously injured three teenage girls and one boy. The Monday incident occurred in a Rockland condo parking lot in front of dozens of witnesses. The teenager reportedly drove his van directly into a group of teens after a dispute.

Police reported that the driver fled the scene and was located and arrested hours later. He is facing charges of attempted murder and leaving the scene of an accident. Authorities report he had five friends in the van with him at the time of the incident.

The three girls were reportedly dragged for some distance and two of them were in serious condition. The van allegedly drove up over a five-foot gravel embankment and left skid marks as it fled the scene.

The Boston Herald reported that one of the girls suffered life-threatening injuries. Police report the girls were dragged 30 to 40 feet and suffered serious head trauma as well as broken bones and leg, hip and abdominal injuries.
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