South Carolina Child Injury Lawyer Blog

South Carolina High School Student Arrested After Several Weapons Discovered On School Property

Thu, 03 Jan 2013 10:14:15 -0500

In the wake of the elementary school shooting in Newtown, Connecticut that claimed 26 lives, 20 of which were young children, a South Carolina teen was arrested for having a stash of weapons in his car on school property.

While this incident is untimely and presumptive conclusions can be immediately drawn about the student's motive to have the weapons in his possession on school property, given the Nation's (understandable) hyper-attention to gun control, school shootings, and overall school safety. Your lawyers in Charleston at Howell and Christmas, LLC want to emphasize that investigators, as well as the Pickens County School District, have expressly stated that there is no indication that the student had any plans to carry out an attack, or posed any threat to the school's student body and faculty.

The 17-year-old junior at Easley High School had a loaded .22-caliber revolver, nine knives, two axes, a stun gun, handcuffs, and more than 200 rounds of ammunition in his car at the time of discovery. None of the ammunition, shotgun shells and rifle and handgun rounds, matched the guns were the student's car, according to Easley police. Prior to the teen’s arrest, a concerned student notified school workers of the weapons.

CPSC Study Warns Parents of Potential Dangers Posed by Toppling Televisions

Mon, 24 Dec 2012 10:10:19 -0500

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.

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

Wed, 19 Dec 2012 10:49:22 -0500

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.

Town of Mt. Pleasant Considers Texting While Driving Ban

Fri, 14 Dec 2012 13:16:19 -0500

As members and residents of the Mt. Pleasant community, your personal injury attorneys at Howell and Christmas, LLC are highly interested when the Town's Council entertains the idea of enacting a ban on texting while driving; a topic that has been a major point of discussion on both the South Carolina Injury Lawyer Blog and the Child Injury Blog. (See "More Blog Posts" below to read those previous posts).

Early in November the South's Oldest Daily Newspaper, the Post and Courier, published a brief article concerning the potential ban on texting while driving in the Town of Mt. Pleasant. To summarize many a concerned citizen's thoughts on texting while driving, Town Councilwoman Thomasena Stokes-Marshall was quoted saying, "[t]here are an increasing number of people who are texting behind the wheel, particularly younger drivers who not only are putting themselves at risk but also putting at others at risk." The risk, of course, the Councilwoman is speaking of are serious auto accidents.

Family Files Wrongful Death Lawsuit Against Energy Drink Company

Mon, 22 Oct 2012 14:24:58 -0500

It has been quite some time since your Charleston, SC attorneys have posted to the South Carolina Child Injury Blog, and your South Carolina lawyers sincerely apologize for the lack of continuous content. With that being said, there is a highly interesting wrongful death lawsuit that has just been filed against the California-based Monster Energy Drink Company.

The suit was filed in the Superior Court of the State of California, for the County of Riverside, by the parents of a deceased 14-year-old girl who died in December of last year. The personal injury attorney representing the parents said the teenager "died of caffeine toxicity in the setting of a cardiac arrhythmia," according to a Maryland news article. The family's attorney also noted the teen had an underlying mild heart condition that affects around 10 percent of the population.

Prior to the teen's unfortunate and untimely death she consumed two 24-ounce Monster energy drinks in a period of less than 24 hours. The family's products liability lawyer noted that with the teen's underlying heart condition, drinking highly-caffeinated beverages like Monster is similar to "pouring gasoline on a fire," according to the same above-mentioned news source.

Pop Icon Usher's Stepson In Critical Condition Weeks After Another Lake Lanier Boat Accident Kills Two Children

Tue, 10 Jul 2012 11:38:11 -0500

Your Charleston accident attorneys have taken notice that the media outlets large and small, as well as all major social media platforms, have been abuzz following a jet ski accident involving the former stepson of pop icon, Usher. The Atlanta Journal Constitution reports that the 11-year-old boy, son of Usher's ex-wife, remained in critical condition as of Monday afternoon, noting that various entertainment news sources have indicated the boy has suffered a traumatic brain injury, and left him with irreversible loss of brain function. Those claims concerning the child's condition, however, have not been publicly verified or announced by officials due to privacy concerns. The serious jet ski accident also involved a 15-year-old girl.

According to reports, the two children were floating on inner tubes this past Friday afternoon when a man on a personal watercraft struck them. The pair was flown to Children's Healthcare of Atlanta following the accident. The young boy was reported to have sustained a severe head injury, while the teenage girl's injuries were less serious. The Georgia Department of Natural Resources (DNR) has disclosed that alcohol does not appear to have been involved in the Lake Lanier accident, but investigations remain ongoing. Fox News reports DNR will recreate the accident using specialized computer programs to determine exactly what happened. Once the investigation is complete, DNR will give their recommendation to the relevant district attorney who will then decide whether or not to file criminal charges against the operator of the jet ski.

The jet ski accident comes only days after the funeral of two young boys, ages 9 and 13, who were killed in a boating accident earlier this summer on Lake Lanier. It was reported the two boys were on a pontoon boat with a total of 13 people, including their mother and driven by the boys' father, when a fishing boat collided with the pontoon. The driver of the fishing boat then proceeded to flea the scene of collision, but was subsequently arrested several hours later at a nearby marina. Unlike the above-mentioned incident, alcohol was determined to be involved in the fatal June 18 accident. According to CBS Atlanta, DNR arrested and charged a 44-year-old man for boating under the influence in connection with the crash.

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

Tue, 03 Jul 2012 12:49:23 -0500

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.

Smartphone App and Educational Initiative Aim to Curb Teen Distracted Driving

Wed, 23 May 2012 11:47:19 -0500

If you receive the Howell and Christmas, LLC monthly newsletter, you may have read an article in May's publication that focuses on "Distracted Driving." In that article your Charleston car accident lawyer briefly notes several smartphone applications (better known as "apps") that are intended to help drivers steer away from cell phone distractions in the car. Today your Charleston, SC attorneys became aware of a similar app developed specifically for parents to monitor their teenagers' smartphones while driving. SecuraFone, as it's called, is designed to alert parents via text message if their child is driving on roads they are not allowed, if they are speeding, and is also supposed to keep teens from using their smartphones while behind the wheel. In addition, the app enables parents to establish virtual borders and/or speed alerts that inform parents when set limits are reached/exceeded by their teen.

It comes as no surprise to your lawyers in Charleston that an app such as SecuraFone, and others like it, has hit the smartphone market, especially when considering the striking statistics associated with teens and driving. Teens are shown to be the most likely drivers to be involved in a car accident, and oftentimes these accidents can be attributed to unsafe distracted driving practices such as using a cell phone. Further, 31 percent of teens ages 14 to 17 own a smartphone. Thus, products like SecuraFone appear to be a potential solution to curbing the number of distracted teen driving accidents; granted these types of apps and digital products perform to their producers' claims. Please note that your South Carolina injury lawyers at Howell and Christmas, LLC have not used this application and do not adopt of the aforementioned claims. Rather, your lawyers are guardedly optimistic that such products can improve the safety of South Carolina roadways.

Distracted driving has become the latest hot button issue in negative behind the wheel behavior, replacing drunk driving as the foremost traffic safety concern on roadways today. So much so that AAA Carolinas' Foundation for Traffic Safety and the South Carolina Broadcasters Association have been running television commercials in which real life teen victims of distracted driving share their unfortunate stories. These public service announcements are apart of a major educational campaign to heighten awareness of how distracted driving inhibits the ability to drive safely, regardless of how confidant the driver feels multi-tasking behind the wheel.

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.