Injuries to Minors

Baltimore Couple Files $20 Million Medical Malpractice Lawsuit Alleging Wrongful Birth

July 6, 2010 | Lebowitz & Mzhen

Jessica Young and Antoine McLeod are accusing American Radiology Services, Dr. Karen Y. Perkins, and the Johns Hopkins Health System Corp. of Maryland medical malpractice. In their $20 million wrongful birth lawsuit, the Baltimore couple is claiming that a medical record mixup prevented them from receiving information about their baby’s birth defects that could have allowed them to decide whether they wanted to terminate the pregnancy.

Antonio Jesse McLeod was born prematurely last year with a number of birth defects, including a hole in his diaphragm. Also, his stomach was in his chest cavity.

According to the family’s medical malpractice complaint involving Maryland injuries to a minor, the abnormalities were visible in a sonogram performed by American Radiology Services months before the baby was born but that the radiology testing company sent the test results to the wrong doctor. Another Dr. Perkins and not the Dr. Perkins who was Young’s obstetrician received the results. Because of this mistake, Young’s Dr. Karen Y. Perkins never saw the sonogram and thought the baby was healthy and the couple were never notified that their child was going to be born with any serious birth defects.

Family of Girl Electrocuted at Druid Hill Park Softball Field Revisits Maryland Wrongful Death Lawsuit Against the City of Baltimore

May 12, 2010 | Lebowitz & Mzhen

Four years after a 14-year-old girl was fatally electrocuted at a softball field on Druid Hill, her loved ones are considering whether to seek a motion asking a court reevaluate its decision to dismiss the Maryland wrongful death lawsuit against the city of Baltimore. Green, a Deer Park Middle School student, died on May 5, 2006 when she was electrocuted while stretching against a steel fence before a church league softball game.

The fence was in contact with an underground power line. Green grabbed hold of another fence and her body completed completed an electrical circuit. She was knocked down immediately and never regained consciousness.

In 2009, Green’s family filed a Maryland wrongful death complaint against the city of Baltimore, Del Electric Inc., and Baltimore Gas and Electric Company. A judge later dismissed the case against the city and BGE.

Crofton Family to File $10 Million Maryland Wrongful Death Lawsuit Against Anne Arundel County School Board and Parents of Teens Convicted of 14-Year-Old’s Fatal Beating

April 15, 2010 | Lebowitz & Mzhen

The parents of Christopher Jones are filing a $10 million Maryland wrongful death lawsuit against the Anne Arundel County School Board, five teenagers, and one adult. Jones, 14, sustained a fatal head injury last May when he fell to the ground during a beating. Police say the incident was a youth gang beating.

Jones did not belong to any gang. His mother accused gang members at the school he attended of assaulting her son.

Two teens were convicted of manslaughter in Jones’s beating death. Jones’ family is to seek $8 million in Anne Arundel County wrongful death compensation from the teens’ parents and $200,000 from the school board.

Recall of Over 1 Million Baby Slings by Infantino Following Three Infant Deaths

March 24, 2010 | Lebowitz & Mzhen

The Consumer Product Safety Commission and Infantino LLC are recalling over 1 million baby slings following the deaths of three infants. The victims are a 7-week baby, a 3-month-old infant, and a 6-day-old newborn. All three child fatalities occurred last year. Consumers should stop using the baby slings as soon as possible.

The recall comes two weeks after the CPSC issued a warning to parents and guardians about the importance of using the sling carriers correctly. 11 other deaths have been linked to the baby slings in the last two decades. Yet, despite an earlier warning by Consumer Reports of the hazards posed by using a baby sling, many consumers remain unaware that these “hip” child carriers can cause suffocation injuries and deaths.

If your child was injured in a baby sling or because of another infant product, contact our Maryland products liability lawyers immediately. You may be entitled to sue the manufacturer for injuries to children or wrongful death.

Baby Slings as Suffocation Hazard

Because newborns are unable to control their heads yet, an infant may not be able to turn away should the sling’s fabric end up covering the mouth and nose. When the baby’s breathing is blocked in this way, suffocation can take no more than a couple of minutes. Or, if the baby is curled up in such a way that the chin is bent into the chest, oxygen might have a hard time getting through the airways, resulting in slow suffocation.

Earlier this year, the CPSC added infant slings to the list of infant products that need to have mandatory standards.

In the wake of today’s recall, replacements are being offered to consumers for the Infantino “Wendy Bellisimo” and the “SlingRider” baby slings. Consumers can choose between the a Wrap & Tie infant carrier, a 3 in 1 Grow & Play Activity Gym, or the 2 in 1 Shopping Cart Cove.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010
Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010
Related Web Resources:

Consumer Reports

Infantino

Choking Hazards: US Pediatricians Seek to Prevent Injuries to Children By Asking for Warning Labels

February 25, 2010 | Lebowitz & Mzhen

The American Academy of Pediatrics says that its time that the US government mandate that warning labels be placed on the packaging of foods that pose a potential choking hazard to children. The pediatricians’ group also is calling for a redesign of certain manufactured foods, such as candies and hot dogs, which can be reshaped in a manner that is safer for kids.

Dr. Gary Smith, the head of the group’s Committee on Injury, Violence, and Poison Prevention, says that foods that are round or cylindrical in shape are a choking hazard. Smith noted that there are steps that can be taken to protect kids from choking, which is considered the number one cause of death in the five and under age group and the reason that thousands of kids under age 15 end up in the emergency room. One study reports that hot dogs are a factor in 17% of the asphyxiation accidents involving food and kids in the 10 and under age group.

Some other choking accident food culprits include:

Baltimore City Jury Awards Brooke Greenberg $250,000 for Maryland Personal Injuries in Medical Malpractice Lawsuit Against Johns Hopkins Hospital

February 16, 2010 | Lebowitz & Mzhen

A Maryland jury has awarded Brooke Greenberg $250,000 for Baltimore medical malpractice injuries she sustained while at Johns Hopkins Children’s Center after she underwent a medical procedure to replace her feeding tube in 2007. The Reisterstown teenager is known internationally for never aging past infancy, despite the fact that she is 17-years-old.

After she was discharged from the hospital, her home nurse and parents noticed that there were bruises on her legs and arms. Her parents sued for Maryland medical malpractice involving injuries to a minor on her behalf.

Last week, a Baltimore city jury found the famous hospital in breach of the standard of care when Greenberg was inappropriately restrained after the surgery. They awarded her damages for the emotional trauma and physical pain she suffered.

State’s Board of Public Works Approves $1.5 Million Lutherville Train Accident Settlement in Maryland Wrongful Death of Two Teenagers

January 27, 2010 | Lebowitz & Mzhen

Maryland’s Board of Public Works has given the green light to a $1.5 million Baltimore County wrongful death settlement over the fatal train accident that killed two teenagers last year. Kyle Patrick Wankmiller and Jarrett Connor Peterson were walking along tracks that are usually used by trains headed southbound in Lutherville on July 5 when a northbound train hit the two 17-year-olds. The Maryland Transit Administration had switched the direction of traffic on the tracks.

Following the deadly Maryland train collision, the MTA said the two teens had their backs to the trains when they were hit from behind. A spokesperson says the two boys thought the train was using the other track as it approached them. The public is not allowed to be on the tracks unless they are at designated crossing areas.

The train’s operator reportedly did not notice that the train had hit the two boys and did not stop. The operator of a second train that later passed through also failed to see the teenagers. It wasn’t until a third train came through that a fare inspector saw their severely injured bodies.

Maryland TBI: Call a Concussion a Mild Traumatic Brain Injury, Says Researchers

January 23, 2010 | Lebowitz & Mzhen

A team of researchers are recommending that concussions should be called mild traumatic brain injuries so that this type of condition is taken more seriously. The team is concerned that many people don’t think of a concussion as an injury to the brain.

The researchers looked at the medical records of 300 children with traumatic brain injuries who were treated at McMaster Children’s Hospital in Canada. 102 of them were diagnosed with having a concussion. 385 of the kids diagnosed with a concussion actually had a mild TBI, while 24% in fact had a serious or moderate TBI.

According to Professor Carol DeMatteo of the CanChild Centre for Childhood Disability Research at McMaster University, in each case involving a child diagnosed with a concussion, the patient and their parents did not think the injury was serious. DeMatteo says this can be a problem.

According to the study’s findings, kids that were diagnosed with having concussion diagnosis spent less time in the hospital than children who were diagnosed with a mild brain injury. They also went back to school and resumed playing sports sooner than kids diagnosed with more serious brain injuries.

DeMatteo notes that if a child isn’t given enough time to recover, more concussions may occur and the risk of permanent brain damage increases.

Brain Injuries to Children

Brain injury is one of the most common causes of death and disability to young children. If your son or daughter suffers an injury to the head, it is important that you get medical help right away. What may appear to be a mild injury to the head may actually be a brain injury.

If your child sustained a TBI in a car crash, fall accident on another person’s property, or another kind of injury accident, you may have grounds for filing a Maryland traumatic brain injury lawsuit involving injuries to minors.

Concussion needs a new name, researchers say, Globe Life, January 17, 2010
Children and Traumatic Brain Injury, TBI Resource Guide, Centre for Neuro Skills
Related Web Resources:
Concussion, Empowered Doctor
McMaster Children’s Hospital

$1.2 Million Maryland Wrongful Death Settlement Reached with Family of Teen Restrained at Carroll County, Reform School

January 8, 2010 | Lebowitz & Mzhen

The family of Isaiah Simmons III has reached a $1.2 million Maryland wrongful death settlement with Bowling Brook Preparatory School and the state’s Department of Juvenile Services. The Maryland teen died in 2007 after he was restrained at the reform school.

Simmons’ family had accused counselors of holding him face down and sitting on him for about three hours. Simmons, a Baltimore 17-year-old, eventually lost consciousness and stopped breathing. The counselors are accused of waiting 41 minutes after Simmons became unresponsive to contact 911. Simmons was pronounced dead at Carroll Hospital Center. Following the tragic incident, Bowling Brook maintained that its staff followed appropriate procedures and denied that workers knelt or sat on Simmons’ head or torso.

Per the school’s report, on January 23, 2007, a staff member questioned Simmons about threats he allegedly made. The teenager allegedly made more threats and at around 4:45 pm, staff members and students restrained him. An ambulance was called at about 8:15 pm.

Nine-Year-Old Boy Dies from Injuries Sustained from Falling Tree at the Hashawha Environmental Center in Westminster, Maryland

January 6, 2010 | Lebowitz & Mzhen

Noah Asid, the 9-year-old who was injured on December 29 when a large hickory tree fell on him at the Hashawha Environmental Center has died at a Baltimore hospital. Asid, who was attending a nature camp, was getting ready to go hiking with a group of children and counselors when the tragic accident happened.

According to reports, the 60-foot tree fell against a maple tree. This caused the maple branches to give way and the hickory and a number of large branches to hit the ground, striking Asid and another child. The girl, 10, has been released from Carroll Hospital Center.

The Carroll County sheriff’s office is determining what caused the tree to fall. Winds hitting speeds of up to 35 mph on the day of the accident may have been a factor.