Articles Posted in Injuries to Minors

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Police in Oregon say alcohol may have been a factor in a deadly Eugene auto accident that left 10-year-old Jakobi Mulgrave in serious condition and killed four other people on Wednesday. Injured in the Oregon auto wreck was the boy’s mother, 34-year-old Heather Yvonne Mulgrave, 10-year-old Jaziah Vermilyea, 34-year-old Connie Marie Vermilyea, and 11-year-old Nima Gibba. All of the victims were from Springfield, except for Nima, who is a Eugene resident.

The accident occurred at about 9:16pm at night when the Toyota Highlander carrying the victims and an Isuzu Rodeo collided. Both vehicles were totaled in the crash. The driver of the Isuzu, 24-year-old Eugene motorist Matthew N Ellmers, was listed in serious condition at a Springfield hospital as of yesterday.

The deadly auto crash happened at an intersection where there is a 4-way traffic signal. One teenager says the cement building she was in shook when the vehicles collided. The Highlander reportedly flipped into the air following the crash and drove into a utility pole.

According to The Register-Guard, multi-vehicle crashes don’t happen very often in Eugene. The last time local police investigated an auto accident death involving more than one victim was in 1978.

According to the state’s Fatality Analysis Reporting System, there were five Oregon multi-vehicle accidents involving at least four fatalities in 2007 and 2008.

Multi-Vehicle Collisions
Proving liability and obtaining personal injury or wrongful death recovery in a multi-vehicle crash can be complicated—unless you are working with an experienced Oregon car accident lawyer who knows how to properly investigate your case.

Accident reconstructionists, medical specialists, accident investigators, and other experts may have to be called in to investigate all of the evidence to determine fault and figure out how much compensation you should receive. If you or someone you love was injured in a multi-vehicle Oregon auto accident—do NOT try to negotiate an agreement with the other parties’ insurance companies or their legal representatives without seeking your own legal counsel.

Police need public’s help with investigation of crash that killed 4, KVAL, January 23, 2009
Accident Touched Lives of Many, The Register-Guard, January 23, 2009

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Beginning January 1, anyone younger than age 16 is only allowed to operate an all-terrain vehicle while under adult supervision. All ATV operators, regardless of age, must complete an Oregon-approved safety training course. Young ATV operators must also meet rider-fit guidelines, as well as minimum physical size requirements involving leg length, brake reach, handle bars, and grip reach.

The new rules come after an increase in the number of young ATV riders that are injured in accidents. According to the US Consumer Product Safety Commission’s National Electronic Injury Surveillance System-All Injury Program, from 2001 to 2003:

• 108,724 ATV riders younger than 15 required medical attention at a hospital for nonfatal injuries.
• Male ATV riders, 11 – 15, made up 52% of these visitors.
• Common nonfatal ATV injuries include facial injuries, foot injuries, leg injuries, and fractures.

At least 107 young riders died in ATV accidents in 2007. Last year, the Consumer Product Safety Administration introduced the Consumer Product Safety Improvement Act of 2008, which requires ATV manufacturers to comply with ATV standards and develop an ATV Action Plan regarding training, safety, ATV manuals, hang tags, labels, and other requirements.

While there are steps that consumers can take to protect young riders from getting hurt when riding ATV’s, manufacturers must also take steps to prevent injury accidents by making sure that their products are free from defects or flaws that can lead to injury accidents. They must also make sure that they warn users of the potential hazards that coming with riding an ATV. The Oregon Trauma Registry says some 1,200 young ATV riders have been injured in the last five years.

Oregon Imposes New ATV Rules, NewsInferno, January 6, 2009
ATV Injuries and Deaths Continue to Rise, ConsumerAffairs.com, October 28, 2008
Related Web Resource:
Consumer Product Safety Act of 2008

ATVs, Oregon.gov

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The Virginia Graeme Baker Pool and Spa Safety Act has finally gone into effect. The new law mandates that all public pools and spas be fitted with a federally approved anti-entrapment drain or grate cover to prevent people from getting caught by the suction and drowning. Children are especially at high risk of suffering a fatal injury when getting caught in a swimming pool, wading pool, or hot tub drain.

The law is named after the granddaughter of former US Secretary of State James Baker. Virginia, 7, drowned in 2002 after she sat on the floor drain of a hot tub. Her mother, Nancy Baker, tried to pull her daughter from the drain but to no avail.

Last March, 6-year-old Abigail Taylor died nearly nine months after the suction from a wading pool drain pulled out part of her intestinal tract. She had to undergo liver, small bowel, and pancreas transplants and suffered complications before her death.

The design of the approved dome shaped drain covers should keep the human body from being suctioned by a pool or hot tub drain. Schools, recreational centers, hotels, health clubs, and apartments are among those affected by the new law. Some pool owners and managers, however, are complaining that drain manufacturers have not been able to keep up with the demand for these federally approved designs, which is making it harder for compliance to occur. Hopefully, these drains should be in place in spas and pools throughout Oregon when the hot weather returns.

Pool Entrapment Accidents
According to Safe Kids USA, about 100 children in the United States sustained serious injuries and at least 33 children younger than 14 died because of entrapment by a pool or spa drain between 1985 and 2004. Serious personal injuries can include body entrapment, massive internal injuries, traumatic brain injuries, drowning, and wrongful death.

If you or your child was seriously injured in a pool entrapment accident, you may have grounds to file an Oregon premises liability claim or products liability lawsuit against the liable party.

New Federal Pool Safety Law to Take Effect, KOHD, December 11, 2008
Pool drain safety covers required today, but supply is backlogged, Sacramento Bee, December 20, 2008
Federal drain law forces pool closings, Boston Herald, January 5, 2008
Related Web Resource:
The Virginia Graeme Baker Pool and Spa Safety Act (PDF)

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The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes
In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object
Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008
Childhood Injury Report, CDC
Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

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Ecology Center researchers tested over 1,500 popular toys for harmful chemicals, such as lead, arsenic, cadmium, and PVC, that could cause injuries to minors. Their findings indicate that out of every three toys, one toy usually contains at least one of these chemicals at “medium” or greater levels. The researchers hope their results will push lawmakers and manufacturers to begin phasing out these dangerous chemicals in toys.

Toys that were tested were purchased from Toys R Us, Target, Kmart, TJ Maxx, Babies R Us, Wal-Mart, and in dollar stores, drug stores, and online. The toys and children’s products selected for testing represent the products most often bought for children in the US. Tests were conducted using a handheld X-ray device for detecting chemicals.

Among the study’s findings:

• 20% of the toys tested contained lead.
• 3.5% of toys had levels of lead exceeding the federal government’s recall level for lead paint.
• Kids’ Jewelry has a greater chance of containing lead greater than 600 ppm.
• Arsenic at levels above 100 ppm was found in 22 products.
• 30 of the products tested had cadmium at levels higher than 100 ppm.

The Toy Industry Association criticized the group’s findings, calling them “misleading” to consumers. The association also maintained that the toy industry is highly regulated and continues to work hard to ensure that all toys for sale in the US exceed toy safety standards.

Toxic and Dangerous Toys
With the holiday shopping season already under way in Oregon and the rest of the United States, it is important that toy manufacturers and retailers make sure that any products they put out into the marketplace are safe for play and use. The Consumer Product Safety Commission has been very busy over the past two years issuing recalls for toys and kids’ products deemed defective or dangerous because they contain too much lead, are made with small magnetic pieces that can cause choking hazards, or have another kind of hazardous defect.

Toy manufacturers can be held liable for products liability, personal injury, or wrongful death if a toy causes a child to suffer an injury, get sick, or die.

One in 3 toys is toxic, group says, CNN Money, December 3, 2008
One in Three Children’s Toys Tested by Ecology Center’s www.HealthyToys.org has Significant Levels of Chemicals, Including Lead, Flame Retardants, and Arsenic, Ecology Center, December 3, 2008
Related Web Resources:

Toy Industry Association

Consumer Product Safety Commission

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A Gladstone man and his 7-year-old daughter are recovering from their injuries after a 90-pound pit bull mix attacked them outside a friend’s home. Police later shot and killed the animal.

The Oregon dog attack occurred last Wednesday while 7-year-old Jayda Kempas was playing on a tire swing. Without provocation, Titan reportedly jumped up and clung to her left leg, pulling her off the swing and onto the ground.

Jayda’s father, Steven Hehr, heard screams and rushed to her rescue. The 31-year-old Oregon National Guard sergeant managed to get the pit bull to release his jaw from his daughter’s leg, but then the dog attacked him, biting his leg, hands, and chest in an attempt to grab his throat. Hehr also dislocated his shoulder during the incident.

Neighbors and friends came forward to help him, with two men hitting the dog about 40 times with an aluminum baseball bat. Two other people managed to tie straps around the dog’s hind quarters and get a noose around his neck. Clackamas County Sheriff deputies, who were called to the scene, eventually shot Titan.

Jayda sustained severe lacerations and puncture wounds on her legs. She underwent surgery for her injuries last Thursday. In addition to dislocating his shoulder, Hehr sustained bite wounds on different parts of his body.

At the time of the dog attack, Hehr’s friend Alan Clinansmith was in possession of Titan. He was trying to find a home for the animal. The pit bull belongs to Gresham resident Rick Harrison.

Oregon Dog Bite Incidents
If you or your child was attacked by a dog in Oregon, you may be able to fie a personal injury claim or lawsuit. Oregon’s “one bite rule” holds a dog bite owner strictly liable for personal injuries if he or she knew or should have known that the dog can be dangerous. Dog attacks and dog maulings can lead to serious injuries—even death.

Pit bull mix attacks 7-year-old, her dad in Happy Valley, OregonLive.com, November 20, 2008
Father Fights Pit Bull To Save Daughter, Fox 12 Oregon, November 20, 2008
Related Web Resources:

Dog Bite Liability, Insurance Information Institute, August 2008
National Dog Bite Prevention Week, CDC

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According to doctors and nurses at Providence Health & Services, newborns at Oregon hospitals appear to be at risk of falling. Hospital records from Providence Hospitals indicate that 20 fall accidents involving newborns occur each year in Oregon hospitals—a figure that some researchers consider a low estimate because parents and hospital staffers don’t always report newborn falls when they occur.

In a scientific study published in the Journal of Pediatrics, reporters noted that some 600 to 700 newborn falls occur at US hospitals each year. Examples of newborn falls include babies:

• Falling out of bassinets while they are being rolled down a hallway or onto an elevator.
• Dropping onto the floor during delivery.
• Slipping through the delivering doctor’s hands and onto the ground.
• Falling out of a sleeping parent’s arms.

While the report doesn’t cite any specific fall accidents at hospitals that resulted in infants sustaining serious injuries, one newborn did sustain a skull fracture. However, a 2003 article on the Whitaker Foundation’s Web site found that babies are vulnerable to traumatic brain injuries during falls when the head hits a hard surface. Traumatic brain injuries also happen to be one of the leading causes of childhood deaths.

Dr. Robert Christensen and his colleagues at Intermountain Healthcare says that newborn falls are preventable and that there are measures that hospitals can take to prevent fall accidents from happening. For example, ordering nurses to regularly check on infants that are being held by parents during the night, changing bed designs to minimize fall accidents, and modifying sedative drug use by new mothers.

Oregon hospitals, doctors, and nurses are supposed to provide newborns with the proper care following delivery. This includes implementing the proper safety procedures so that injury accidents do not happen. If medical error, negligence, or carelessness results in serious injuries to your son or daughter, you may have grounds to file an Oregon medical malpractice claim or lawsuit.

Other injuries to newborns that may be grounds for medical malpractice include:

• Birthing injuries
• Forcep injuries
• Facial paralysis
• Brachial palsy
• Cerebral palsy
• Injuries caused by heparin (or another drug) overdose
• Fractures during labor
• Wrongful death
Hospitals look into ways to prevent newborn falls, The Oregonian, November 19, 2008
Infants More Vulnerable to Serious Brain Injury From Falling Than Previously Thought, The Whitaker Foundation, August 12, 2003
Related Web Resources:

Newborn Injuries, Family Practice Notebook
Birth Injuries

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In Oregon, A Marion County Circuit Court judge added $3 million in punitive damages to the $1.5 million jury awarded to a woman who filed a sex abuse lawsuit against her stepfather. The woman, now 24, says her stepfather began sexually abusing her when she was 11 or 12.

In her lawsuit, she accuses Edward Webb of sexually molesting her and touching her inappropriately, until she was about 14 years old. While Webb is not facing criminal charges for the alleged abuse because the statute of limitations for child abuse crimes had expired, she was able to sue her stepfather under a state law that allows adults to sue people that abused them when they were children.

Child Sex Abuse
Sexual abuse can cause serious physical and emotional injury to victims. Many children who are the victims of sex abuse are too scared to speak up or may repress the memories of the abuse for years. Regardless, the emotional scars from being sexually abused can last a lifetime.

A sexual abuse victim may suffer from depression, an eating disorder, post-traumatic stress disorder, drug addiction, alcoholism, have problems with sexual intimacy, or find it hard to form intimate relationships. The financial and emotional tolls that these illnesses and issues can wreak on a person’s life can be very high. In many cases, the abuser is someone the victim knows, such as a family member, a family friend, a priest, a teacher, a coach, a doctor, a counselor, a daycare supervisor, or another “trusted” adult.

If your son or daughter was the victim of child sexual abuse or you were sexually abused as a child, there are legal options available to you. Not only may you be able to hold the abuser liable in civil court by filing an Oregon sexual abuse lawsuit, but there may be other parties, such as a church, a school district, or another entity that can also be held liable for personal injury.

Woman Awarded $4.5 Million in Sex Abuse Case, The World Link, November 11, 2008
Woman Awarded $4.5 Million in Sex Abuse Case, NRToday.com, November 11, 2008
Related Web Resources:

Oregon Department of Human Services

Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry

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Police in Oregon are investigating a school bus accident in which Austin Takacs, 11, died while trying to catch the bus in Oregon City. The sixth grader was running next to the school bus, which had left the bus stop, when he tripped on his bag and fell into the road. Takacs, who was struck by the bus’s rear tires, was pronounced dead less than one hour later at St. Charles Mercy Hospital.

Austin’s mother, Nancy, students on the bus, and a few neighbors witnessed the catastrophic accident. The school bus driver, 67-year-old Rita Grivanos, told Oregon police that she did not see Takacs.

A police report, however, indicates that a number of the students on the bus called out to Grivanos that the boy was running next to the vehicle, but she may not have heard them. The bus was moving at approximately 5mph when it struck Takacs.

No citations have been filed against Grivanos, who collapsed after the tragic accident and was treated at St. Charles hospital. A 2006 evaluation rated the 67-year-old driver as “outstanding” and she has regularly received high performance marks for doing her job.

Grivanos is expected to be back at work shortly. Oregon City Schools Superintendent Mike Zalar says the school district did not play a role in causing the crash.

School Bus Accidents
About 17,000 children are treated in US emergency rooms each year for injuries they sustained in bus crashes. Common causes of school bus accidents include driver negligence, inadequate safety measures, defective bus and bus parts, dangerous roads, poor weather conditions, and poorly maintained buses.

Injuries that can be sustained in school bus accidents include broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and death. School kids can also get hurt while riding a bus even if a traffic collision does not occur. Cuts and bruises can occur to kids roughhousing on the bus—especially when there is a lack of supervision—or from slip and fall accidents when getting on or off the bus.

If your son or daughter was injured in an Oregon school bus accident while riding the bus, getting on or off the bus, crossing the street as a pedestrian, or riding as a passenger in another vehicle, it is important that you explore your legal options as soon as possible.

Grief weighs heavily on boy’s family in fatal Oregon bus accident, Toledo Blade, October 23, 2008
Boy, 11, killed trying to catch bus in Oregon, Toledo Blade, October 16, 2008
Related Web Resources:

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006
New Federal Rule to Make School Buses Safer, DOT.gov, October 15, 2008

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The US Consumer Product Safety Commission is recalling almost 1.6 million cribs after reports that two babies died in accidents involving defective crib hardware. In one case, a 5-month-old infant suffocated to death after getting caught between a Playkids USA convertible crib’s drop side rail and its mattress. In the other accident, an 8-month-old baby suffocated to death after becoming entrapped in a Delta Enterprise crib. Also in May 2007, another 8-month baby died in accident involving a Delta crib.

The voluntary recalls involve 2,000 Playkids USA portable convertible cribs and 1,585,000 Delta drop side cribs. The convertible cribs are being recalled because the mesh on the sides of the crib may expand to create a space that an infant might fall into, become entrapped, suffocate, and die.

The Delta drop side cribs were recalled because of safety peg issues. While 985,000 cribs are missing this necessary feature, the spring pegs on 600,000 Delta cribs may be prone to malfunction. The concern is that the missing or defective spring peg could cause the drop side of a crib to become detached and create a space that an infant might fall into. The Delta recall is being called one of the largest crib recalls in US history.

According to Kids in Danger, over 1,000 children have died over the last two decades because of injuries they sustained in cribs. Each year, some 10,000 children are admitted to hospital emergency rooms for crib-related injuries, with 22 kids dying from their injuries.

Examples of injuries caused by defective crib hardware include:

• Suffocation
• Asphyxiation
• Broken bones
• Traumatic brain injuries
• Head injuries
• Gaseous poison from the crib mattress
• Entrapment
Federal law requires that all cribs come with warning labels, the correct instructions, and hardware that are free from defects. More details about the recalls can be found on the Consumer Product Safety Commission’s Web site (see below).

The manufacturers of nursery furniture and other kids products have a responsibility to produce products that are free from hazardous defects. Failure to do so can be grounds for an Oregon personal injury claim or wrongful death lawsuit if a child is injured or dies because a crib was defective.

Staying Safe: Keeping your baby safe amid largest crib recall in history, KSL.com, October 21, 2008
Delta Recalls 1.6 Million Cribs, KSFY.com, October 21, 2008
Infant Death Prompts Recall of Convertible Cribs by Playkids USA; Crib Poses Entrapment and Suffocation Hazards, Marketwatch, October 16, 2008
Related Web Resources:
Recalls, CPSC.gov
Kids in Danger

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