South Carolina Child Injury Lawyer Blog

At the beginning of last week the South's Oldest Daily Newspaper, the Post and Courier, brought a major safety concern to the attention of your Charleston lawyers at Howell and Christmas, LLC. The concern is the controversial issue of "bed-sharing", particularly when parents share a bed with their infant children. There are documented horror stories of good intentioned parents allowing infants into their bed and accidentally rolling over on top of them, suffocating the young child, and leading to an unfortunate wrongful child death. However, some advocates say the practice of bed-sharing can strengthen the bond between parent and child, facilitate breast-feeding, and offers a solution to sleepless nights.

Solid state statistics on how this practice has affected South Carolina families are not easy to come by, as the South Carolina Department of Health and Environmental Control doesn't specifically track infant deaths due to infants sharing a bed and sleeping with parents. But county coroners do indicate when an infant’s cause of death is due to bed-sharing, using the indicator "co-sleeping." According to the Charleston County Coroner's Office, at least three infants died while sharing a bed with a parent.

Also, the Charleston County Coroner's Office, having tracked the number of bed-sharing incidents since the mid-1990s, has taken the initiative to educate area parents on the issue. The office attends local baby fairs and warns that the practice is especially dangerous to infants younger than three months because of their inability to lift their heads. The Charleston County Chief Deputy Coroner has even written a book on the issue for other coroners, feeling there is great need to educate officials and the public alike to help prevent child injury and death.

Continue reading "National Attention to 'Bed-Sharing' Catches the Eye of Your Charleston Child Injury Attorneys" »

While the browsing state and local news, your Charleston child injury lawyers at Howell and Christmas, LLC came across an extremely bizarre incident involving the highly questionable and alleged action of a 17-year-old babysitter. According to reports the babysitter is alleged to have broken off a portion of a Xanax bar and administered it to the 4-year-old girl she was hired to take care of by putting the prescription drug into the child's lunch in an effort by the sitter to have the child calm down and take a nap. The sitter contacted the child's mother once the child had fallen numerous times, had hit her head, and exhibited signs of dizziness. The mother went home immediately after being contacted and found her child in "a state of potential unconsciousness."

Doctors discovered Xanax in the child's system while conducting blood work, prompting the child's mother to confront the sitter and search her purse. Found therein were five Xanax bars, which were later said to have been prescribed to a family member of the sitter.

For informational purposes, Xanax belongs to a group of drugs called benzodiazepines and works by slowing down the movement of chemicals in the brain that may become unbalanced, effectively reducing nervous tension. It is used to treat anxiety disorders, panic disorders, and anxiety caused by depression. It is suggested that those prescribed to Xanax by a physician keep track of the amount of medicine used from each new bottle, as Xanax is a drug that is commonly abused and those prescribed should be aware if anyone is using the drug improperly or without a prescription. Because of its potential for abuse and its classification as a controlled substance, police instructed the mother mentioned above to contact the sitter's family and inform them that the drugs had been stolen and have them file a police report in regards to the theft. Understanding that the sitter is by no means a physician, the chances of the child overdosing on the drug meant only for adult use were particularly high. Thus, it is extremely fortunate that the child's reaction did not result in a wrongful death.

Because of the incident Horry County officers arrested the babysitter and charged her with unlawful neglect of a child.

Continue reading "Young Babysitter Tries To Use Prescription Drug To Induce A Nap" »

This past Friday your attorneys in Charleston at Howell and Christmas, LLC read a release from the U.S. Consumer Product Safety Commission (CPSC) that seemed particularly pertinent to share. In cooperation with Triple Eight Distribution, Inc., the CPSC has issued a voluntary recall of multi-purpose bicycle helmets for children and youth because of the product's risk of causing a serious head injury to its young user. The Triple Eight helmets have been sold at bicycle and sports shops and other retailers across the United States and online from August 2006 through November 2011 for around $40.

According to the CPSC release, product testing of the helmet revealed that these Triple Eight helmets do not comply with CPSC safety standards for impact resistance. Thus, in the event of fall from a bicycle, skateboard, rollerblades, etc. the young wearer could suffer from a serious head injury. Although no incidents have been reported, it is good that the CPSC has taken preemptive action to take this product off the market.

If you have purchased one of these Triple Eight helmets for your child it is important to stop your child from using the product and contact Triple Eight for a full refund. You can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.

Continue reading "Kids' Bicycle Helmets Recalled By Consumer Product Safety Commission" »

It is by no means new news that child sexual abuse cases have grabbed national attention in the last month. These devastating stories have brought to light a culture of sexual deviance that is not only physically abusive to the victims, but also extremely damaging in regards to emotional and mental development. In sharing these accounts of gross misconduct it is the aim of your Charleston accident lawyers at Howell and Christmas, LLC to inform South Carolinians of the unacceptable frequency in which these attacks occur, as well as implore victims of abuse to find the courage to speak out against those responsible for selfishly damaging the lives of far too many children.

Since it was discovered that a Mt. Pleasant educator, volunteer, and coach had been abusing young boys at various volunteer and work positions, a day hasn't gone by that child sexual abuse and molestation is reported on television, in local and nationally circulated papers, and across various platforms on the World Wide Web. In the cases involving the local coach and former Penn State assistant coach, it is apparent the administrators were more concerned with the reputation of their institutions than the well being of the children their employees seriously injured. We all know the famed head football coach at Penn State decided to follow the chain of command, reporting the sexual abuse seen by of one of his graduate assistants to the school's Athletic Director, instead of going directly to law enforcement. And it has been nationally reported that law enforcement was not contacted after former camper at the Citadel confronted administrators at the military academy, claiming that the local coach had invited him into his room to watch pornography. Both institutions failed not only the campers they intentionally neglected to protect, but also the communities they occupy by putting the "desire to protect their own" ahead of the young campers who trusted they would safe under their guidance.

Apart from these two widely covered instances of criminal sexual conduct, rape, and lewd acts, there have been several additional occurrences of equally troubling behavior involving child sexual abuse.

Continue reading "Charleston Child Injury Attorneys Note National Spotlight on Sex Abuse and Additional Lowcountry Incidents" »

South Carolina personal injury lawyers at Howell and Christmas, LLC are experienced in cases dealing with dog bites and attacks, so this Darlington County incident bears extreme relevance to the firm. Just before the new year a seven-year-old was playing tag when he fell near a tree, while on the ground the dog attacked the boy causing injuries to his right cheek and left arm. According to the Darlington County Sheriff's Department the attack occurred in an area between the young boy's and the dog owner's home.

The owner of the dog was raking leaves when the attack occurred. The one-year-old pit bull named Keller was unchained at the time. Opposite the Sheriff's Department report, the owner insists the incident happened in his yard, also that Keller is not a vicious animal and was only protecting the property. Keller's owner explained that he is regretful the attack occurred, but also admitted that this is not the first case of the pit bull attacking a child, a similar incident took place a year earlier.

Continue reading "Darlington County Pit Bull Under Quarantine After Attacking Child" »

Skimming through the Post and Courier's local section, child injury attorneys in Charleston found the following report and took it as a perfect example of the environment children should not be raised. A 27-year-old mother of three was arrested earlier this month after Charleston Police Officers responded to the second of two unintentional 911 calls made by one of the mother's three young daughters ages four, six, and seven.

When the two Charleston Police Officers arrived at the residence and announced their presence, there was no response, apart from a faint moaning heard on the other side of the door. Finding the door unlocked the officers entered the residence to see a coffee table littered with an electronic scale, a white powdery substance, as well as a green leafy substance. At this point, officers again made their presence known and the 7-year-old came out from another room.

Continue reading "Accidental 911 Call Leads to North Charleston Mother’s Arrest" »

Charleston Child Safety Attorneys would like to again remind the public of the dangers of leaving children or pets in the sweltering summer heat. As temperatures climb into the nineties and have heat indexes in the low to mid hundreds, a child sitting in the oven like temperatures of a car can quickly suffer from hyperthermia, which is a condition that results from the overheating of the body and can lead to death. While instances of children being left in hot cars are relatively frequent, the injury rate is thankfully pretty low. Still, the circumstances whereby these children are left can create a potential hazard for the parents as well as leaving the child in an extremely uncomfortable position

In Goose Creek, a 20-year old woman was charged with leaving her child in an overheated car for more than twenty three minutes while she shopped in a local Walmart. A passerby noticed the sweating and visibly discomforted child when she dropped her keys. The passerby was quoted as saying "I wouldn't even leave my dog in the car in those conditions, much less a child". The passerby responded quickly, taking down license plate information and giving it to Walmart Employees who announced it over the PA system. A crowd had gathered around the car at that time and had decided to open it by squeezing an arm through the window. The child was safely removed and put into an air conditioned car to cool off.

The woman returned a short while later and was identified when she squeezed through the crowd to unlock her vehicle. The police asked her to give a statement, to which she responded that she had run inside the Walmart to fill a prescription and was gone for only 10 minutes. Surveillance footage from the store put the number she was away closer to 23 minutes when it was reviewed. When the woman's possessions were searched, a glass smoking bowl was found. She was arrested and the Child was released to the custody of the mother's parents. The mother was released on bond over the weekend.

In cases like these, forgetfulness or a busy schedule is often blamed for why a person's illogical decision to endanger their child is made. It is important to always be mindful of the surroundings that one chooses to leave their child in.

Source: The Charleston Post and Courier, "Baby found in hot car; mom charged", Andy Paras, August 10th, 2010

In a case that both shocks and startles, A Moncks Corner man is accused of death by child abuse when he allegedly refused to allow his 2 year old son to receive medical treatment when a complication developed. The man and his girlfriend then allegedly placed the boy in a trashcan and filled the trashcan with cement. They then left the trashcan behind an abandoned mobile home in Walterboro, SC. Investigators said that the cause of death was as yet undetermined but there was strong evidence of foul play, due to statements about the boy being abused in the past. The man then allegedly fabricated a story about the boy falling over the seawall at the Battery and being lost in the sea. The subsequent search cost Charleston County man-hours and funds looking for the lost child. Charleston child injury lawyers urge the public to report any incidents of child abuse they come in contact with to Law Enforcement immediately.

Officers investigating the incident, report that the boy had been staying with his father for summer. The Arrest Affidavit states that “the boy died from injuries and/or physical distress" around June 6 while he was in the girlfriend’s care at her Summerville home. The father was away from home when the girlfriend contacted him about "an ongoing medical issue with the child." He allegedly ordered her not to seek medical help for his son and, upon returning home, he refused to take action himself to save the boy”. The fabricated report of the boy falling into Charleston Harbor occurred when the boy’s mother was on his way down to see him.

The pair is being held on a $250,000 dollar bail while investigators work to build a case against them. Forensic specialists took apart the concrete filled trashcan and have begun to exhume the body. Investigators are also going through medical records at MUSC where the boy had been apparently treated several times. As to the severity of the case, a neighbor was quoted as saying “it's a crying shame,” There is no need to kill a 2-year-old child. No need whatsoever."

The Child Abuse and Neglect Data System reports that each year, an estimated 1,760 children die from child abuse; often at the hands of someone they know. In terms of Vulnerability, Children between the ages of 1-3 years of age make up 33.7% of all reported child fatalities.

Sources: The Post and Courier, “Officials: Father let boy die Sheriff says body then encased in Concrete in trash can”, July 9, 2010

The Child Abuse and Neglect Data System

Charleston Child Injury Attorneys want to remind the public to watch their children and exercise good sense when leaving children unattended in vehicles as temperatures soar during the hottest months of summer. A 35-year old Charleston Woman was charged with Unlawful Conduct towards a child when she left her infant inside a car parked on King Street while she shopped.

A passerby noticed the infant inside the vehicle and went into a nearby store to find the driver. The temperatures reported that day were 88 degrees with a heat index of 105 degrees at the time. Unable to find the driver, the store clerks alerted the Police and were attempting to get into the car when Charleston Police arrived. The woman returned a short while later and was taken into custody. She claimed that she had picked up the infant earlier in the day and had forgotten that the child was in the car.

Leaving a child or pet in an hot vehicle can induce Hyperthermia, or the overheating of the body. Even left for a couple of minutes can bring on a rapid rise in core temperature than can be fatal for a young child. Parents should be especially vigilant during summer months when the heat and daily tasks can be especially distracting. A study published by the San Fransisco State University put the number of fatalities from being left in an overheated car between 1998-2010 at 465.

Charleston Child Injury Attorneys want to remind all pool owners and operators of the potential safety hazards that arise every summer in the Low Country. In Darlington, SC a teenager died and another child was injured while swimming in a public pool.

The Children were playing at the Darlington City Pool when lifeguards cleared the pool due to weather-related concerns. After the accident occured, both children were rushed to the Hospital for treatment. Sadly, one teen was declared dead.The other child is still being treated for his injuries.

An estimated 5,000 children, ages 14 and under are hospitalized due to water immersion and drowning-related causes each year. Proper prevention techniques like careful pool maintenance and supervision of one's children during playtime can help save lives.

Source: The Charleston Post and Courier, "1 dead, 1 Hurt in Pool Accident" May 31st, 2010