South Carolina Child Injury Lawyer Blog

It most likely isn't a parent's primary concern when purchasing a new television set, and may only arise as a secondary thought, but a new study by the Consumer Product Safety Commission (CPSC) has drawn attention the risk falling televisions and furniture pose to small children. It certainly has caught the attention of your Charleston, SC lawyers at Howell and Christmas, LLC.

The Chairman of the CPSC, Inez Tenenbaum, noted in a CNN video interview that falling televisions and the furniture upon which they sit are a "severe hidden hazard in home." And the some startling statistics support that contention; between 2000 and 2011 there were 206 child deaths due to TVs and furniture falling on children. In just the past three years there have been 13,800 ER visits from toppling TVs.

The Chairman further stated that, ideally, TVs should be wall-mounted so children do not have access to the freestanding television, and also so children cannot climb on potentially unstable furniture supporting the TV. Granted, this safety measure applies only to more modern, flat-screen television sets that can be wall-mounted.

Continue reading "CPSC Study Warns Parents of Potential Dangers Posed by Toppling Televisions" »

It is a regular point of discussion on the law blogs posted by your Charleston brain injury attorneys, the effects of concussions on children and adults, and a recent study published in the Journal of Neuroscience focuses on that very topic.

Researchers from the University of New Mexico and the Mind Research Network have found that the effects of a concussion on a child's brain can last for months following the initial injury. According to a Huffington Post article, one of the study's researchers has said this information may have "important implications about when it is truly safe for a child to resume physical activities that may produce a second concussion, potentially further injuring an already vulnerable brain."

As parents of highly active children, your Charleston personal injury lawyers know that kids are anxious to get back out there and continue playing right after they've been hurt. But this study shows that kids may be returning to the activity that caused the concussion well before it is actually safe for them to do so. Even though signs and symptoms of their head injury are no longer present.

Continue reading "Report On New Study Shows That Concussion Effects May Linger Well After Child's Initial Injury " »

Last week it was reported that a young mother and her live-in boyfriend had been charged with unlawful conduct toward a child in connection with the tragic death of a 2-month-old. Your Charleston personal injury attorney read that court documents revealed the baby was transported to Trident Medical Center in full cardiac arrest last Wednesday, and pronounced dead later that morning. It was further reported that affidavits state that the baby's body was "riddled" with insect bites, and upon investigator's inspection of the child's home, highly unsanitary living conditions were discovered. Cockroaches were said to have been in the baby's bassinet, while dog feces were on the ground of the residence. According to the Charleston County Sheriff's Office, the precise cause of the child's death is still under investigation, but its determination could lead to additional criminal charges for the young mother and current boyfriend.

It has been announced by authorities, however, that this particular incident has led to the re-opening of two cases involving the same young mother and her other two children. The first stems from a March 2009 incident in which Sheriff's Deputies responded to Trident Hospital regarding a baby suffering serious burn injuries. Deputies said the young mother's then boyfriend caused second-degree burns to the baby's hands and feet by bathing the child in hot water. The boyfriend, but not father to the child, later pleaded guilty to unlawful conduct toward a child and served two years. According to the Department of Social Services, the baby has since recovered from said burn injuries and was adopted last year.

The then boyfriend and the young mother, as well as her father, were all charged with contributing to the delinquency of a minor after investigators in the above incident found marijuana plants in the residence. This charge came as a result of the illegal plants being found while a then 16-year-old was a resident of the home. According to South Carolina Law, contributing to the delinquency of a minor is a misdemeanor and, upon conviction, requires penalty in a fine of no more than $3,000 or imprisonment of up to three years, or both.

Continue reading "Recent Criminal Charges of Unlawful Conduct Prompt Authorities to Re-Open Past Cases of Child Injury and Death" »

An 18-year-old high school student died early Sunday morning after sustaining severe chest and head injuries in a two-vehicle car accident, according to a Greenville County Deputy Coroner. The injuries suffered by the other three teens were not considered life threatening. Your Charleston, SC lawyers at Howell and Christmas, LLC mentioned the potential for such accidents occurring on prom night in a previous blog post, however, these seemingly unfair tragedies do happen in spite of all precautions. According to reports, the fatal accident happened just before midnight this past Saturday. The aforementioned Deputy Coroner said the four teens had left their prom at Woodmont High School in Piedmont, South Carolina and were en route to a bowling alley at the time of the car accident. It's reported that an off-duty doctor treated the teen after happening upon the scene.

According to the Deputy Coroner, the driver of the car in which the deceased was a passenger turned right from the left-hand turning lane, crossing all lanes of traffic. The risky maneuver put the car in the way of a pickup truck that struck the car in the passenger door. The 21-year-old driver of the pickup truck was treated for non-life-threatening injuries.

In other South Carolina teen news, an 18-year-old man of James Island faces charges of reckless driving, leaving the scene of an accident with property damage, and violating his beginner's driving permit. The charges arise from an accident involving a 2005 Buick LaCrosse and a James Island residence. According to the Post and Courier, the young man was arrested Tuesday morning after his mother arrived at the scene and informed deputies that her son had returned home after fleeing the scene of the accident. The young man later disclosed to deputies that the Buick was approaching 85 mph when he lost control at a curve on a residential street. Fortunately, neither the young man, nor the 13- and 16-year-old passengers, sustained serious injuries in the auto accident. Although both passengers also fled the accident, they do not face criminal charges. Estimated damages total $60,000—$50,000 for the house and $10,000 for the car.

Continue reading "Charleston, SC Attorneys Review Recent Teen Auto Accidents and Child Injuries" »

Over the weekend, your Charleston accident lawyers at Howell and Christmas, LLC were informed of a truly tragic incident involving a family's new dog and their 2-month-old baby boy born on Valentine's Day. According to reports, the 2-month-old was apparently pulled from an infant's swing inside his family's mobile home and his legs dismembered by a golden retriever-Labrador mix. The dog was named "Lucky," and had been described as a gentle and friendly creature. Authorities and investigators have called the dog attack one of the most gruesome seen on the job, as well as one the saddest days in their respective careers.

After questioning, authorities have learned that the infant's father was sleeping in a bed with the infant's 3-year-old sibling and the family's other canine at the time of the fatal dog attack. The infant's mother was with their 7-year-old at a doctor's appointment. The dog responsible for the attack (Lucky) was adopted only a few weeks ago, after its previous owners wanted to give it up. The infant's family had cared for the dog as "dog sitters" prior to adopting him. Authorities have not been informed of any past complaints of aggressive or malicious behavior.

What seems to be the most surprising aspect of this incident, is that the infant's father did not wake up at any point during the dog attack, despite his being in a nearby room with the door open. According to officials, the father was still asleep when the infant's mother returned home to find her baby boy on the floor by the swing, legs separated from his body, and his abdomen ruptured and bleeding from numerous dog bites. The infant was rushed to Summerville Medical Center, where he was pronounced dead. No charges have been filed against the parents, but investigations by numerous state and local agencies are ongoing.

Continue reading "Newly Adopted Dog Kills Infant and Other Unfortunate Lowcountry Incidents of Child Injury and Death" »

In general, when it comes to medical malpractice, most people think of lawsuits against doctors, surgeons, and hospitals accused of providing improper, or negligent, medical care. But most do not consider a significant health service provider that is crucial to a patient's overall health and care—the pharmacist. Like any medical service provider, pharmacists have an important duty to ensure each and every patient receives the correct medications and is thoroughly informed on proper use of the prescribed drugs. All the information on a drug's potential side effects and interactions with other medications, as well as access to the patient's complete treatment history, essentially makes the pharmacist is the last of defense in making sure a prescription drug is administered safely and correctly.

Two recent lawsuits in Washington State allege that a pharmacy administered dosages of prescription seizure medication that were well in excess of their normal amount, putting two children in danger of losing their lives. According to one of the lawsuits, the pharmacy allegedly dispensed the medication in a single pre-filled syringe, eight times stronger than prescribed to the now 13-year-old boy. After taking the medication, the boy, significantly overdosed, became dizzy and unresponsive. He spent four days in the hospital hallucinating, according to his mother, who was terrified the incident may have residual damages to her son's overall health.

In 2011 the boy's prescription was changed to pills as opposed to the previously prescribed injections, but again, using the same pharmacy, he was administered the wrong dosage. This time receiving 600 mg pills when prescribed 300 mg pills. The family's suit claims this particular pharmacy "poses an imminent public health danger by repeatedly mis-filing prescriptions."

Continue reading "Charleston Accident Lawyers at Howell and Christmas, LLC Discuss Pharmacy Errors" »

While watching yesterday's evening news your Charleston personal injury attorney was made aware of an awfully alarming case of alleged child neglect and malnourishment. Last month, February tenth to be more specific, a Summerville Police Detective responded to a panicky 911 call and discovered a lifeless 13-year-old boy wrapped up in a blanket on the kitchen floor. The emergency call was placed from the teen's parent's home. The death was ruled a murder by years and months of malnourishment and neglect, according to the Dorchester County Coroner's Office; the teen's mother and stepfather were arrested on the charge.

The preliminary hearing was conducted this past Wednesday and revealed some highly unsettling details concerning the boy's living conditions. The teen’s mother and stepfather were absent from the hearing, but their criminal defense attorneys were present for the proceeding. Providing testimony was the aforementioned Summerville Detective. The Detective fielded questions from the Dorchester County Solicitor for 20 minutes, providing insights from his investigation into the circumstances surrounding the murder case, including health records, an autopsy report, and testimonies from responding EMS workers.

According to Wednesday's testimony, the teen suffered from a disease called Tuberous Sclerosis causing him to experience more than 30 seizures a day if not properly medicated. From 1998 up until 2006, the boy took Topamax to control the episodes, effectively reducing the frequency to just one per day. In 2006 the teen was taken off the medication as a result of his family's failure to re-apply for Medicaid. Additionally, it was also noted by the Coroner's Office that the disabled teen hadn't seen a physician in the time between 2006 and his untimely passing.

Continue reading "Detective's Testimony in Preliminary Hearing Alleges Murder by Neglect and Malnourishment in Summerville Teen's Death " »

Your Charleston personal injury attorney recently read a study in the Journal of the American Academy of Pediatrics entitled "Incidence and Cost of Injury Among Young in Agricultural Settings, United States, 2001-2006." The study has some startling findings regarding not only the prevalence of child injury and death on farms, but also the monetary costs attached to those nonfatal and fatal injuries. The study is far removed from idyllic image that first comes to mind of kids frolicking freely in open pastures, spreading feed for chickens, or riding shotgun to "Pa" on a horse-drawn buggy as they take their most recent harvest to market. Contrary to conventional thinking, and certainly surprising, a vast majority agricultural injuries and deaths were not work related.

In fact, according to the study, many of the non-work related and nonfatal injuries could happen anywhere and are not necessarily linked to farm activity. They included falls, accidents with all terrain vehicles (ATVs) or other vehicles, assault, and suicide attempts. Nonetheless, there are more hazards, particularly for kids, in an agricultural or farm environment, considering the various types of machinery around, as well as animals. The study found that the common identified causes of fatal injuries were machine accidents and fires or explosions.

According to the U.S. Centers for Disease Control and Prevention, about one million children live on farms. The agency also lists accidents with tractors and other machinery, motor vehicles, and drowning as the leading causes of fatal farm injuries to people under the age of 20. In Fall 2011, the U.S. Department of Labor put forward new regulations that would bar teens under 16 from driving tractors, ATVs, riding mowers, and other machinery, as well as working around animals. However, the federal government is reworking these regulations after criticism from farmers and educators who noted these directives would bar teens from learning many crucial skills necessary for the successful, and safe, running of a farm. Also, and as mentioned earlier, these regulations are geared toward youngsters working in an agricultural setting, which is not the source of the majority of child injuries and deaths.

Continue reading "Study Reveals Interesting Findings Concerning Prevalence and Costs of Child Injury and Death in Agricultural Settings" »

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