South Carolina Child Injury Lawyer Blog

Charleston, SC Attorneys Review Recent Teen Auto Accidents and Child Injuries

Thu, 10 May 2012 11:00:13 -0500

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.

Newly Adopted Dog Kills Infant and Other Unfortunate Lowcountry Incidents of Child Injury and Death

Mon, 23 Apr 2012 12:21:04 -0500

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.

Pharmacy Error Leads to Series of Medical Miscues, Wrongful Infant Death and Criticism of Health Information Systems

Tue, 10 Apr 2012 15:06:16 -0500

While the days of pharmacists actually producing most of the medications we take are over, some dosage forms can only be made in pharmacies. This is especially true for liquid medications, when pharmacists have to prepare IV bags or make the liquid equivalent of a drug that usually comes in pill or capsule form. Such reconstituting can be error-prone, and pharmacists who mix or compound medication incorrectly can be liable for negligence, possibly even when a pharmacy technician incorrectly types information into a field on a screen. And, thus, when medical and pharmacy errors stemming from health information technology end up causing patient injuries and death, the entire system of digital medical communications is called into question.

For example, just last week a Chicago area hospital, Advocate Lutheran General Hospital, agreed to pay $8.25 million to settle a wrongful death lawsuit brought against it by the parents of an infant boy who died after a series of medical errors initially triggered by an incorrectly compounded IV bag. The boy was born four months premature in 2010 and remained in the hospital's care for the next six weeks. Then, suddenly, the infant boy died after coming out of a heart operation without any clear complications from the operation itself.

The hospital determined that a pharmacy technician unwittingly entered information into a computer program when processing an electronic IV order for the infant, resulting in a massive sodium chloride overdose in the bag’s solution. The infant received 60 times the amount of sodium chloride prescribed by a physician. It was also found that the automated alerts in the IV compounding machine responsible for identifying such problems were not activated at the time when the customized bag was prepared for the infant. Additionally, the hospital discovered that the outermost label on the IV bag did not accurately reflect the compound's actual contents, and when a blood test on the infant showed an abnormally high level of sodium, a lab technician mistook the reading for an inaccuracy.

Charleston Accident Lawyers at Howell and Christmas, LLC Discuss Pharmacy Errors

Mon, 09 Apr 2012 12:34:20 -0500

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."

April is National Child Abuse Prevention Month and Some Considerations for Prom Season

Wed, 04 Apr 2012 13:44:36 -0500

As noted by your Charleston lawyers in the Howell and Christmas, LLC South Carolina Injury Lawyer Blog, April is National Sexual Assault Awareness Month. Concurrently, April is also National Child Abuse Prevention Month. The Dee Norton Lowcountry Children's Center and Darkness to Light are doing their part to prevent child sexual abuse by holding a free training session to educate area residents on how to recognize and respond to incidents of abuse. The session is open to anyone (parents, coaches, camp counselors, etc.) and participants will become certified in Darkness to Light's "Stewards of Children" prevention program, learning how to spot signs and symptoms of child abuse, as well as when and how to report discovered incidents of abuse.

A Post and Courier announcement of the training session notes that the event is, in part, a response to a recent editorial in which the paper called for more community training to help individuals recognize and respond to abuse. Also, the Charleston area has been plagued by a number of incidents of child pornography, criminal sexual conduct, and child sexual abuse, particularly the high-profile case against a former coach, counselor, and educator who has been accused of molesting at least 23 children in the Charleston area.

The event is to be held at Mt. Pleasant Presbyterian Church, 302 Hibben St., from 8:30 a.m. to 12:30 p.m. on April 28. The Post and Courier notes that space for the training session is limited and pre-registration is required at www.dnlcc.org.

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

Fri, 30 Mar 2012 12:57:55 -0500

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.

Study Reveals Interesting Findings Concerning Prevalence and Costs of Child Injury and Death in Agricultural Settings

Thu, 15 Mar 2012 14:40:09 -0500

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.

Child's Food Allergy Gives Rise to Civil Action, But Can the State be Held Liable for School Lunches Containing Allergens?

Tue, 28 Feb 2012 13:14:03 -0500

Your Charleston personal injury lawyers at Howell and Christmas, LLC recently read a very interesting case decided outside the State of South Carolina, and thought a brief synopsis of the case would be a nice change of pace for our blog's readers. The suit illustrates that civil claims against states and state agencies requires a statutory duty owed to the injured party for the action to be enforceable in tort. And exemplifies that negligence is a breach of duty owed to one, and absent that duty, there can be no negligence.

A five-year-old kindergarten student suffered a serious allergic reaction after eating a peanut butter sandwich given to her under her school's free lunch program. On the day the incident occurred, the young student went to school without a packed lunch or sufficient funds in her cafeteria to purchase lunch. In these instances, the elementary school she attended would serve students a "credit lunch" of either a bologna or peanut butter sandwich. These lunches were subsidized by federal funds administered by the State of Maryland (State) under the National School Lunch Act (NSLA). On the day the student went to school lunchless and with insufficient funds, a cafeteria worker gave her a peanut butter sandwich. Upon resisting to eating the sandwich, and informing the worker she was not allowed to have peanut butter, the student was ordered to eat the sandwich as her protests were mistook for misbehavior by the cafeteria worker.

Immediately the student began experiencing an anaphylactic reaction: her airway and eyelids began to swell, and she became lethargic and confused. After being taken to the school nurse and administered a dose of epinephrine, the student's mother picked her up and took her to the hospital. The episode caused the student to "experience symptoms of extreme psychological perturbation and post-traumatic distress," exhibit "regressive behavior such as thumb sucking and withdrawal" and, ultimately, a fear of attending school.

The student's mother (Petitioner) brought suit against the State, the Maryland State Department of Education (MSDE), and the State Superintendent of Schools (collectively Respondents), as well as county-level education agencies, officials, and three unnamed cafeteria workers. Petitioner asserted a variety of claims against the county-level defendants, who eventually settled, but her suit against Respondents included only a single claim. Petitioner alleged that the Respondent's obligations under NSLA imposed a statutory duty of care to ensure that children with food allergies are not served lunches containing allergens. The State moved to dismiss the complaint, contending that because their role under NSLA is limited to monetary reimbursement and periodic monitoring they were not proper parties to the action. This contention specified that it is actually the local school boards who operate the lunch program within their districts. Also, Respondents moved to dismiss on the ground of governmental immunity.

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

Mon, 06 Feb 2012 16:29:42 -0500

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.

Young Babysitter Tries To Use Prescription Drug To Induce A Nap

Wed, 25 Jan 2012 12:49:57 -0500

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.

Kids' Bicycle Helmets Recalled By Consumer Product Safety Commission

Thu, 12 Jan 2012 11:56:04 -0500

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.

Charleston Child Injury Attorneys Note National Spotlight on Sex Abuse and Additional Lowcountry Incidents

Tue, 06 Dec 2011 14:48:01 -0500

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.

Halloween Safety Tips from Your Attorneys in Charleston

Wed, 26 Oct 2011 15:35:06 -0500

With Halloween weekend fast approaching, your Charleston accident attorneys at Howell ad Christmas, LLC thought it appropriate to share with our Child Injury Lawyer Blog readers some simple safety tips for parents that will help prevent child injuries. It is a little known fact that Halloween is one of the top holidays that result in pediatric emergency room visits, making these quick tips even more important.

Children under the age of 12 should always (emphasis added) have an accompanying adult when Trick-or-Treating, and if your children are old enough to go out by themselves, advise your ghouls and goblins to stick together in a group and travel on populated and familiar streets, staying on sidewalks, obeying traffic signals and only crossing the street at designated crosswalks. Also, it is a good idea, if your children are going out by themselves to have them take a cell phone in case of an emergency and a flashlight for increased visibility on dark streets and sidewalks. Street side safety is of particular importance because, according to U.S. Centers for Disease Control and Prevention (CDCP), children are four times more likely to be in a pedestrian car accident on Halloween than on any other night of the year.

It is of high importance to advise your youngsters to only approach homes that appear friendly to Trick-or-Treaters and are well lit. Also, children should never go enter a home they approach, and always remain outside when collecting their treats. While youngsters may be afraid of other monsters, ghouls, and goblins on Halloween, there remains the very real threat of unwholesome strangers.

In regards to costumes, parents should ensure their child’s costume is flame-retardant, bright colored (or glows in the dark, or has reflective strips), and is of appropriate length to prevent trips and falls. Accessories such as swords, knives, and wands should be made of soft and flexible material without sharp edges to prevent serious injuries in the event a quarrel arises between a young Pirate and a little Musketeer over a cute Snow White. Researchers from the CDCP warn that eye trauma from sharp objects and serious burn injuries from flammable costumes are common occurrences on Halloween.

Father of Infant Left in Hot Car Not Charged, Viral Backlash Ensues

Wed, 17 Aug 2011 12:31:21 -0500

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.

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

Fri, 29 Jul 2011 12:17:51 -0500

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.