South Carolina Child Injury Lawyer Blog

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" »

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" »

In a couple of earlier entries your Charleston child injury lawyers have discussed the serious dangers of leaving children alone in the car during the hot summer months. The earliest post covered the sad circumstance when parents simply forget they have the kids in the car, as well as organizations trying to gain awareness to this very real possibility. And at the end of July, there was an entry posted concerning the legal ramifications and criminal charges for those parents, guardians, and caretakers who intentionally leave their kids in the car while they run errands, or do some other activity. Most recently, your experienced attorneys at Howell and Christmas, LLC came across a story that falls somewhere in between the previous two entries.

According to the Post and Courier, prosecutors in Columbia determined there was not enough evidence to charge the father of 9-month-old baby boy who died after being left in a hot car for four hours outside an apartment complex on Father's Day. According to the report, the National Weather Service said the high temperature that day was 98 degrees.

As it was mentioned in the first post covering kids and hot cars, last year there were 49 instances of children dying from being left in a car, and after a bit of research, there have been 22 cases this year. While many parents or guardians may read or hear about these instances and think they are clear cut cases of gross negligence, the fact is that these unfortunate, serious accidents can happen to even the best parents. Think for a moment how often you have forgotten your cell phone, wallet, or other personal item in the car, not to say that a child can be compared to these "things," but the point is that the modern parent has so much on their mind that it becomes easy to be forgetful.

Continue reading "Father of Infant Left in Hot Car Not Charged, Viral Backlash Ensues " »

Earlier this month, your South Carolina personal injury lawyers brought to our readers attention the issue of leaving kids in the car during the hot summer months. And despite the efforts of organizations like Kids and Cars and Safe Kids USA, unfortunately, there are still caregivers and guardians leaving their children in hot cars. The earlier entry was centered on the issue of parents and guardians forgetting their kids in the car, but this post and report is to deal with caretakers intentionally leaving children in the car while they run an errand.

Last week, an 81-year-old great-grandmother was accused of leaving two children in the car while she went into a Walmart. According to the woman’s lawyer, it was her intention to only be inside the store for a few minutes. But, according to police, the great-grandmother was in the West Ashley store for almost an hour.

She was arrested at the store after a Walmart employee discovered the two children, ages eight- and nine-years old, and a dog in a car with rolled up windows. The employee was able to get the kids to unlock the car and escorted them inside the store.

Due to this event, the woman was charged with two counts of unlawful conduct toward a child and one count of animal neglect. In Charleston County Magistrate Court, the great-grandmother’s bail was set at $25,000 on each of the two counts of unlawful conduct, setting her total bail at $50,000. The animal neglect charge will be addressed in municipal court.

Continue reading "Kids Left in Car at West Ashley Parking Lot, Great-Grandmother Faces Serious Charges" »

As discussed a couple weeks ago by your North Charleston auto accident attorneys, Lowcountry Officials are concerned about area kids' safety around the water this summer. And the Media Blitz to help educate parents and caregivers continues, a recent article in the South's Oldest Daily Newspaper, the Post and Courier, warns that the inflatable backyard kiddies pools are nearly as dangerous as their larger, in-ground counterparts.

This finding comes from a report by the journal, Pediatrics, and is the first study to look into the drowning danger posed to youngsters when playing in kiddie pools, more specifically inflatable pools ranging from small wading pools less than 18 inches deep to other soft-sided pools that can reach depths of 4 feet.

According to the report, a child dies in a portable pool every five days during the warmer months of the year. The report counted 209 death and 35 near-drowning from 2001 and 2009 that can be attributed to the backyard, portable pool. Of those deaths an extremely large majority, 94 percent were under the age of 5, and 81 percent of the drowning accidents occurred during the summer. The difficulty for parents, in regards to portable pools, is that the safety systems normally in place for larger in-ground pools (fences with self-closing and latching gates) don't apply to kiddie pools, and often the necessary layers of protection escape them.

Overall, according to the Centers for Disease Control, drowning ranks second as the cause of accidental injuries and deaths among children ages 1-14. But, the Centers note that toddlers are at the greatest risk when it comes to drowning.

Continue reading "Your South Carolina Child Injury Lawyers Continue Discussion on Drowining" »

In Monday's Post and Courier, your South Carolina auto accident lawyers read an article that brings attention to a sad reality concerning parents, their children, and their cars. Last year, 49 children died of heatstroke after they were left in hot cars in the United States. Considering the outrageously hot temperatures we've been having the last couple weeks, it is important that efforts be made to prevent incidents where a child is left in car and subjected to extreme heat.

Experts report, in the last 12 years, that the parents of more than half of the 500 children who died from being left in a hot car simply forgot their kids were even in the vehicle. Founder of the nonprofit organization Kids and Cars says that, "If you have the ability to forget your cell phone, you can forget your child." The reality of the situation is that terrible things don't only happen to terrible parents, while good parents may think they will never forget their youngster is in the back seat, they can.

Kids and Cars is planning to print warning tags that read "Look Before You Lock." These warning tags will go into hospital take-home kits for new mothers as reminders to not forget their child in the car. It was not specified in the Post and Courier's article how these tags are to be implemented, but your child injury attorneys at Howell and Christmas, LLC think they are to be used in a similar manner as the handicap parking tags that hang from the rearview mirror.

Continue reading "One Mother's Tragic Tale Helps Gain Awareness About Kids Being Left in Cars" »

A couple weekends back your South Carolina workers' compensation lawyers read of a sad incident where a 21-month-old toddler died after drowning in a pool behind her home. It's no surprise kids want to have some summer fun in the pool, but it is a major concern of Lowcountry officials that kids be safe this summer when enjoying their time away from school. Sadly, the toddler is not the only instance of a child drowning so far this summer, two young boys have also died in accidental drownings in St. Stephen and a 4-year-old girl had to be rescued from a Mt. Pleasant pool.

According to the Centers for Disease Control and Prevention, about 10 people die everyday from drowning. Charleston area officials are hoping heightened attention to child drownings will help keep our area kids safe this summer and curb this unfortunate trend of child injury and death.

In a report from the Post and Courier, the 21-month-old toddler died from drowning after being found in her family's pool in North Charleston. According to the report, her family lost sight of the little girl and after a short search spotted her in a pool. Authorities responded to a drowning call made by the family and took the unconscious and unresponsive toddler to Medical University Hospital. Unfortunately, medical staff was not able to revive her and she was pronounced dead at the hospital 45-minutes after the call was made to police.

Continue reading "Recent Child Death in North Charleston Determined to be a Result of Drowning, Tips for Child Drowning Prevention" »

In Friday's Post and Courier your Charleston child injury lawyers at Howell and Christmas, LLC read an article concerning an alleged child neglect incident that happened a week ago today. Last Tuesday afternoon, North Charleston police officers found a 9-year-old boy walking alone along the busy International Boulevard, according to the article. When police asked the youngster why he was by himself he responded by telling the officers that his mother had left him at the Walmart Supercenter on nearby Center Pointe Drive.

The boy also told officers he was making his way toward a library on Dorchester Road. When asked by police where he lived, he told the officers he lived in Dorchester Village, a mobile home park off of Dorchester Road. Then the officers kindly put the little guy in the back of their patrol car to give him a ride home.

Upon arriving to the 9-year-old boy's home, they found the mother lying on a couch. When the mother was first asked where the boy was, she said her son was at home. According to the police report, the officer "asked her to explain to [him] why [her son] was in the rear of [his] patrol car."

Continue reading "North Charleston Mother Accused of Child Neglect " »

In two months there have been two deaths of toddlers in Dorchester County. Back in mid January two people were arrested and charged with homicide by child abuse and Charleston child abuse attorneys briefly discussed the details of that incident. Now, it is awful to hear of another similar incident of child neglect and abuse. The known facts of the incident are as follows.

The Dorchester County Sheriff’s Office and EMS, as well as the Old Fort Fire Department were dispatched to house on Jennings Drive the evening of February 16. Firefighters and paramedics administered advanced life support before rushing the less-than-year-old toddler to Summerville Medical Center where he was pronounced dead an hour later.

Continue reading "Another Dorchester County Toddler Died After Beating " »

In the following case, South Carolina child injury attorneys find that the South Carolina Department of Corrections failed to have any affect on a man who pleaded guilty 14 years ago to killing an infant. A 42-year-old Greer man has been charged with homicide by child abuse, for the second time, after his 5-month-old daughter died two Sundays ago.

Authorities didn't go into details about the death of the 5-month-old baby girl, but it was noted the cause of death was from serious head injuries. Regardless of the actual events that caused the injuries, this is the second time this man has been faced with the charge of homicide by child abuse. Prosecutors confirmed that he plead guilty in 1996 to the charge in the death of his 11-month-old daughter in Spartenburg County. He was sentenced to the minimum sentence of 20 years in prison and would have been eligible for parole after five years. No doubt prosecutors will be looking for a much harsher penalty if convicted for the second time.

Continue reading "Greer Man Held on Second Charge of Homicide by Child Abuse" »

As a sour economy causes a loss of jobs across South Carolina, the increase in joblessness causes a spike a child abuse. South Carolina child injury lawyers were immediately struck by this disturbing parallel reported by the Greenville News that cited a Boston University study.

In the study researchers examined 18 years of data and found that as the unemployment rate raises 1 percent, child mistreatment reports increase by at least .5 percent per 1,000 children. The data analyzed was collected from child mistreatment reports from the National Child Abuse and Neglect Data System along with data from the Current Population Survey from the Bureau of Labor Statistics on a statewide basis from 1990 to 2008, according to the study's abstract.

Over the last fiscal year, South Carolina's Department of Social Services investigated 19,000 cases of child abuse and neglect, an increase in close to 7 percent from the previous year. The number of proven cases of abuse in South Carolina rose 3 percent to nearly 7,000 cases.

Continue reading "South Carolina Child Abuse and Joblessness Have Direct Relationship" »

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" »

South Carolina child injury lawyers came across the following disturbing incident. A woman operating a daycare out of her home in Aiken, SC has been arrested at that location and charged with homicide by child abuse. The powers that be say that the women had shook 16-month-old boy while under her resulting in the death of the infant. South Carolina child injury lawyers work hard in cases such as these to prevent future wrongdoing by the State's childcare workers.

According to wire reports investigators and medical workers say the boy died of brain injuries, which resulted from shaking and were sustained prior to his mother picking him up from the in home daycare. A child's crying and irritation are common triggers for the frustration that can lead to violence in a caregiver, but there is no reasonable or acceptable excuse to harming an infant.

Around three hours north of the offices of Howell and Christmas, LLC, Charleston accident and injury lawers, is Bennettsville, South Carolina, where last week a woman was charged with neglect in the death of her stillborn child. The 27-week-old child was delivered at Marlboro Park Hospital to a 29-year old woman who tested positive for cocaine in a test administered by hospital officials after the delivery.

The Marlboro County Coroner, Tim Brown, is awaiting the results of the autopsy to determine the exact cause of the infants death. The autopsy is being conducted at the Medical University of South Carolina in downtown Charleston.

Continue reading "South Carolina Woman Gives Birth to Stillborn and Arrested" »

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

On a cold night in late December, a car carrying 4 teens was traveling at high speed down West Shiloh Unity Road in Lancaster, SC. The fatal car crash occurred after the car took a 45 MPH turn at speeds in excess of 119 Miles per hour. The car apparently went airborne, snapping a telephone pole and then came to rest approximately a football fields length away. During the crash, a 15-year old girl was killed after she was ejected from the car, this as a result of her seat belt not being properly fastened. The other two teens in the car were injured and the boy himself suffered severe head and neck injuries and underwent surgery at Carolinas Medical Center. The boy was charged with Reckless Homicide and a violation of Restricted License.

The crash occurred on Dec 29th, 2009 and investigators believe that the driver's inexperience and the high speed of the car were the primary factors involved in the incident. The driver, 16 had a restricted drivers permit. Under SC law, permit holders are only allowed to drive between 6 am and 6pm, carrying a maximum of two minors in the car. In the case of this crash, both of those restrictions were violated by the teen boy. The boy plead guilty to Reckless Homicide and Violation of a Restricted License. He will be evaluated by the Department of Juvenile Justice and then be sentenced. He will lose his Driver's License for a duration of 5 years and will be under house arrest, monitored by an electronic bracelet. After sentencing he could also serve time with the Department of Juvenile Justice until he is 21.

Excessive speed and the inexperience of young drivers are often cited factors in fatal crashes. The National Highway Transportation Safety Administration states that almost 32% of crashes are caused by drivers aged 21 and younger. A Key factor in this case was the apparent ignorance of the boy's parents of his whereabouts the night of the crash. Charleston child injury lawyers want to urge the public to pay special care to their child's behavior and activities when they are just learning to operate a motor vehicles.

Sources: The State, " Lancaster teen pleads guilty in death of girl, 15" Kimberly Dick, The Rock Hill Herald

The National Highway Transportation Safety Administration

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 Sexual Abuse Attorneys advise and want to make the public aware about a particularly disturbing story. A Charleston man has been accused of fondling a 19-month old infant, photographing the acts and then sending the photos to his brother in Virginia. The man, an organist at a local church, sent the photos to his brother, a 25-year old York County, VA man, who subsequently distributed the photos to a woman in Calgary, Canada. This woman, disturbed by the image, contacted The Royal Canadian Mounted Police, who act as Canada's domestic police force. From there the RCMP made the necessary calls to US police agencies which were quickly able to make the necessary charges on first the man's brother and then the Charleston man.

Law Enforcement served a warrant to the man's home and arrested him on the charges of second-degree sexual exploitation of a minor and lewd act on a minor. The man's lawyer requested a low bail of $10,000 but the Judge upon reviewing the charges stated ""I don't think I've ever dealt with a child that young being fondled. And I'm very concerned about that." Bail was set at $100,000 and the man was then detained at the Charleston County Detention Center. The man's brother is being charged with in York County, VA on four child pornography-related charges.

The trafficking of Child Pornography is a crime that perpetrated mainly by means of file sharing and transferal over the Internet. The National Center for Missing and Exploited Children reports that those who engage in the exploitation of these children and the sharing of these photos are overwhelmingly White, non married, middle aged males. South Carolina Child Injury Lawyers urge anyone who has come into contact with such explicit material or have been harmed by this material to contact Law enforcement personnel immediately.

Sources: The Charleston Post and Courier, "Local man accused of distributing child porn"
Police: Pictures show suspect fondling 19-month-old", Andy Paras, July 5th, 2010

The National Center for Missing and Exploited Children

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