Articles Posted in Injuries to Minors

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Media reports over the last ten days have noted the strange case of nearly 20 Oregon high school football players taken ill after practice with a rare muscle disorder. According to the Associated Press three of the teens needed surgery “and 16 others were treated after suffering muscle damage following a fall camp.” The high schoolers are suffering from a rare condition known as “compartment syndrome” in which high levels of enzymes released after heavy exercise can, in some cases, lead to kidney failure. The constant repetition of the fact that the victims are football players, however, can obscure the fact that they are high schoolers – children, in the eyes of the law – and raises the question of what level of responsibility ought to be assigned to McMinnville High School and its football coach.

According to an article in The Oregonian, doctors familiar with the case say an intense combination of “high heat, dehydration and heavy exercise” may have led to the mass case of compartment syndrome. The doctors are also, however, “waiting for blood tests looking for the presence of creatine, a legal, loosely regulated and widely available bodybuilding supplement present in a number of weight-gain products that has been linked to an increased risk of sports-related injury.”

These Oregon child injuries, taking place at a high school sports practice, raise serious questions about the school’s responsibility – where it should start and where it should end. In particular, if creatine is found in the players’ blood that, in turn, would raise questions about whether the team’s coaches were aware of supplement use among their players and what, if anything, they may have done to warn against it.

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Luck, and his helmet, appear to have saved the life of a 13-year old Milwaukie, Oregon child injured this week in an Oregon bike accident. According to The Oregonian, the boy “survived a collision with a car”, in part because he was wearing a heavy-duty helmet received as a gift from his mother only days earlier.

The Oregon bicycle accident took place at the intersection of Southeast Thiessen and Oetkin Roads south of Milwaukie’s city center. According to the newspaper, a motorist making a left turn collided with the boy, throwing him off the bike head-first and into the car’s windshield.

The boy “suffered a broken toe, dislocated left hip and fractured femur in the crash,” The Oregonian reported, but, thanks to the helmet, has no serious head injuries. Police officers quoted by the newspaper speculated that the boy was helped by the fact that he was wearing a heavy-duty skateboarding helmet rather than a traditional bike helmet at the time of the accident. The difference in helmets may have been a factor in the boy’s avoidance of Oregon traumatic brain injury.

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A new measure signed into law in Massachusetts this week raises questions about whether Oregon has sufficiently strong laws regarding young riders and ATVs. As outlined by Boston TV station WCVB, the measure, known as “Sean’s Law,” raises the minimum age for ATV operation in Massachusetts from 10 to 14. The law is named after a 8 year old boy who died in an ATV accident in 2006.

New laws such as this are necessary because of the disturbing ways in which some ATV manufacturers market their products. Advertising materials show families using ATVs – in some cases portraying children who in many states would be breaking the law by being on one. Manufacturers downplay the tendency of ATVs to flip over and the serious consequences that can come from being pinned under one. ATVs are neither small nor light.

Here in Oregon there is no minimum age for operating an ATV, though operators below the age of 30 are required to complete a safety education course (by 2014 that requirement will apply to all Oregon ATV riders regardless of age). The course can be taken either in person or online, though beginning in 2012 the “hands-on” version will be required for Oregonians 15 and younger.

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A new public information initiative from the Consumer Product Safety Commission takes hot summer weather as a starting point to highlight the potential danger of open windows. It is an admonition Oregon parents should take to heart.

The CPSC reports that an average of eight children aged five or younger are killed each year after falling from windows, and a shocking 3300 per year require emergency room treatment. As the agency notes, many of these deaths and injuries are eminently preventable. CPSC Chairman Inez Tenenbaum used the news release to call for greater parental responsibility. “It takes active supervision on the part of the parent or caregiver, and a device called a window guard,” she said. “Screens are meant to keep bugs out, not kids in.”

Tenenbaum’s comment refers to the fact that a large number of injuries from window falls begin with children leaning on screens. Small children, of course, do now understand that a screen won’t hold their weight. Parents, however, ought to know better and need to be both vigilant and proactive.

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A Supreme Court decision issued today allows an Oregon sexual abuse lawsuit against the Vatican to go forward, raising the possibility that the Catholic Church may have to defend itself in Oregon courts against allegations that it covered up repeated abuse by a priest.

The Oregon child abuse case, officially known as Holy See v John Doe, was brought by an alleged abuse victim. It turns on the actions of Father Andrew Ronan, an Irishman who the church moved from his native country to Chicago and later to Portland as abuse accusations followed him from place to place from the 1950s through the 1980s, according to Associated Press. Ronan died in 1992. The suit’s plaintiff is seeking damages from the church, as Ronan’s employer, for abuse he suffered as a teenager in 1965.

The Vatican, in turn, claims that as a sovereign state it is shielded from such liability under the Foreign Sovereign Immunities Act – a law that prevents individuals from suing foreign countries except in a few, relatively narrow, circumstances. On Monday the Supreme Court turned down the Vatican’s appeal, letting lower court rulings in favor of the plaintiff stand. Those earlier rulings held that the Vatican’s sovereign immunity was not absolute and that the church “could be sued in a U.S. court on certain grounds,” according to the Washington Post.

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An enormous recall effort effecting over 2 million baby cribs distributed under the brands of seven different companies was announced this week. The recall action raises issues of liability and responsibility that many Oregon parents would do well to think about in the coming days and weeks.

The recall applies specifically to so-called ‘side-drop’ cribs, in which one of the crib’s long sides is hinged to allow parents easier access to the baby. According to the Consumer Product Safety Commission, the sides of the cribs in question can come loose and drop unexpectedly, creating the danger of trapping children’s heads as they fall. The Associated Press reports that no deaths have been linked to the cribs, but that “at least 16” instances of entrapment have been documented, including one that led to the hospitalization of a child.

The CPSC’s website warns parents not to try to repair the cribs themselves and notes that “new mandatory standards to make cribs safer” are being prepared by the agency. These are expected to be formally issued before the end of this year. The Commission’s website offers links to the manufacturers of the recalled cribs, through which consumers can obtain information on the specific recall procedures for different brands.

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Following up a story I blogged about earlier this month, the news broke late last week that an Oregon jury has awarded the victim $18.5 million in punitive damages in a high-profile Oregon child sexual abuse case involving the Boy Scouts, according to media reports. Earlier this month the Oregon jury awarded $1.4 million in compensatory damages for pain and suffering. The victim in this case, now 38, sued after determining that a scoutmaster had abused him in the 1980s.

As I’ve previously written, this case has attracted national attention. The New York Times noted that the case marked a rare instance in which the Boy Scouts’ confidential files on alleged sexual abuse and other inappropriate behavior by scout leaders were available to a jury. According to the Times: “Known variously as the “perversion files,” the “red flag files” and the “ineligible volunteer files,” the documents have been maintained for more than 70 years at the Scouts’ national office in Texas.” According to The Oregonian, the case marked only the second time that the records had been available to a jury.

Still to be decided by the judge is whether the files seen by the jury will now also be opened for public scrutiny. According to The Oregonian the Boy Scouts currently have about 2.8 million members, supervised by 1.1 million adult volunteers. The organization began running criminal background checks on volunteers in 2003, the paper reports. Numerous media reports have indicated that the precedent set by opening the Scouts’ files may unleash a flood of litigation nationwide.

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A leading expert on child sexual abuse says a Portland court’s verdict holding the Boy Scouts liable for the Oregon child sexual abuse of one of their scouts in the 1980s has the potential to set loose a flood of litigation, similar to what the Catholic Church has experienced in recent years, according to a recent report in The Oregonian.

That analysis comes in the wake of a $1.4 million Oregon jury verdict against the Boy Scouts of America and their local affiliate, the Cascade Pacific Council. The victim, now 38, was molested by a scoutmaster in 1983 and 1984, according to a report in USA Today. In an interview with The Oregonian the victim said he had come forward after so many years because he only recently realized how seriously the mental trauma of the molestation had affected his later life. Changes to Oregon’s sexual abuse laws enacted last year have extended the period of time after an incident of abuse in which an alleged victim can bring suit.

A statement posted on the Boy Scouts of America’s website described the organization as both “gravely disappointed” in the verdict and “saddened by what happened to the plaintiff,” The Oregonian reported. The Scouts now face a second phase of the trial in which punitive damages will be considered. The victim is seeking $25 million.

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Junction City, midway between Eugene and Salem, was the site of a serious Oregon truck crash last week, one that left a 20 year old father and his infant son both critically injured. According to the Eugene Register-Guard, Cory Jackson and his 9 month old son Eli were driving in the family’s Volkswagen Jetta when their car was struck by a truck. Both father and son were transported to area hospitals.

Police told the Register-Guard that Jackson “drove into the path of the truck.” In the immediate aftermath of the accident, however, they were unable to provide many further details. The accident took place at the intersection of Highway 99 and Milliron Road in Junction City. A portion of Highway 99 was closed for about four hours as police investigators and an accident reconstruction team worked on the accident site, according to TV station KMTR.

Oregon truck accidents can take an horrific toll on ordinary passenger cars. When the crash leads to a Eugene child injury accident the results are especially tragic. In such instances, contacting an Oregon car crash attorney as quickly as possible following the accident can be one of the most important moves you or your loved ones make.

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New parents have been told for years to use rear-facing car seats until their babies turn one year old and weigh 20 pounds, after which front-facing child seats are the norm. But data from both Oregon and the federal government are leading medical and safety professionals to reassess this long-held belief, according to state publications and a recent article in the Bend Bulletin.

Expert opinion is coalescing around the idea that children should face backwards until they are at least two years old, the Bulletin reports. Oregon’s Public Health Service adds that “children under the age of two are 75% less likely to be killed or severely injured in a motor vehicle crash is they are riding rear facing rather than forward facing.”

There is an especially great danger of Oregon traumatic brain injuries and spinal cord injuries when young children are not properly restrained in an approved car seat. The Bulletin, citing child emergency physician Dennis Durbin, notes that “young children have weaker neck muscles than older children and adults. Their ligaments are looser. And the bones in the neck aren’t locked together in the same way as an adult’s.” These physiological factors put small children at a significantly higher risk of traumatic brain injuries when they are in a forward-facing car seat. Rear facing seats are safer because in a crash they tend to provide more support for a child’s neck and back.

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