Posts Tagged ‘Baby’

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Daycare Warning: Drop-Side Cribs To Be Banned

May 25, 2010

The Washington Post reported this weekend that the US will ban drop side cribs amid ongoing safety concerns.

The drop side crib has been on the US market since the 1950, although it is unknown how many are still in use. Because many cribs cost $1,000 or more, many are used repeatedly and handed down to family members, making it difficult to estimate their numbers. By the end of the year, it will be illegal in the U.S. to sell drop-side cribs and for places like daycare centers and hotels to use them. Repeat offenders of the ban, which comes after years of growing concern about the cribs, could face criminal penalties.

The Consumer Product Safety Commission has seen too many recalls and far too many deaths from defective drop side cribs in recent years. Since 2005, more than 7 million drop side cribs have been recalled because of suffocation and strangulation dangers. There have been at least 32 deaths from defective drop side cribs since 2000. Cribs are meant to be safe enough to leave a child unattended and when cribs malfunction, the infant is usually alone.

Safety advocates have been pushing for tougher crib regulations for nearly a decade, with little action. Federal safety standards for cribs have not been updated since 1982 (those infants are now nearly 30 years old).

Safety experts encourage anyone owning a drop side crib to examine it thoroughly. New cribs should be used without the drop side feature. Older or hand-me-down cribs should be discarded and replaced.

With defective cribs, it is absolutely important for crib manufacturers and CPSC to warn not only parents, but also caregivers and day care centers, which may not even know about these recalls. CPSC is warning parents not to give away the recalled cribs or sell it to a thrift store. The lives of innocent children is at risk here. It is absolutely important that these “death traps” be kept out of homes and daycare centers.

The tragedies caused by drop-side cribs must not be forgotten. It’s high time that federal officials finally decided to ban drop-side cribs and came up with strict regulations for safe crib design. Almost all children’s nursery products are made in other countries, a majority of them in China. These dangerous product defects occur because distributors and companies here have almost no control over the quality of products manufactured offshore. This is unacceptable. If your child has been injured by a nursery product, please contact Attorney Scott Edgett, a reputed Texas Trial Attorney, who will go after these defective product manufacturers and hold them accountable. www.TexasJusticeForAll.com

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Texas Injury Attorney On The Important Issues Regarding Child Car Safety Seats

May 20, 2009

Texas seat belt law states that all children under age of five (5) must be restrained in a child safety seat and that all infants must ride in rear-facing safety seats until they are at least 20 pounds and are at least 1 year old. These laws will likely be changed in 2009, if it is up to the Texas Legislature.

Notwithstanding the foregoing, it is important to know that all child safety seats are NOT created equal. Your child’s age and weight should dictate which type of child safety seat you choose for him or her. Here are the facts for 3 types of child car safety seats.

Rear Facing Seats:

According to the National Highway Traffic Safety Administration (NHTSA) and Texas seat belt law, infants should be kept in a rear-facing seat until they reach the age of 1 and are at least 20 pounds. Many families receive hand-me-down child safety seats from friends and family members. If this is the case, before using the seat, you should consult the NHTSA’s Child Restraint Recall Website at http://www-odi.nhtsa.dot.gov/cars/problems/recalls/childseat.cfm. This site has the details of every child safety seat recall since January 1990 and can prevent you from putting your child at risk.

Forward Facing Seats:

When your child has outgrown his rear-facing seat, you should upgrade to a forward-facing child safety seat. This seat should be placed in the car’s backseat whenever possible to prevent the seat from being struck by an airbag in the case of a car crash. Your child should ride in a forward-facing seat until he is around 4 years old and 40 lbs.

Booster Seats:

When the child outgrows his forward-facing seat, you should purchase a booster seat. The child should ride in a booster seat in the back seat until the vehicle seat belt fits him properly without the booster. Booster seats are designed to prevent injury from the seat belt in the event of an auto accident. When the lap belt lays across his upper thighs and the shoulder belt fits across his chest (usually when he turns 8 and is 4’9″), he can ride without the booster seat.

In conclusion, one of the most important things about your child’s safety seat is that it is properly installed. To do this, you have to be able to understand the instructions. The NHTSA puts out an annual report on the “ease-of-use” of every safety seat on the market. That list is available on the Internet at http://www.nhtsa.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c.

If you still have questions about the installation of your car seat after you read the manual, many local police and fire stations will check the car seat installation for you.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Evenflo Activity Centers For Children Recalled Due To Falling Hazard From Defective Leg

February 18, 2009

The U.S. Consumer Product Safety Commission, in cooperation with Evenflo Co. Inc. Of Miamisburg, Ohio, today announced a voluntary recall of the Evenflo Activity Centers. Consumers should stop using recalled products immediately unless otherwise instructed.

When used as an activity table, the cap on one end of the product can loosen and fall off, posing a fall hazard to a young child. To date, Evenflo has received 11 reports of dislodged end caps which resulted in nine minor injuries, including bumps and bruises. Additionally, Evenflo has received a report of a dislodged end cap that resulted in a child suffering a broken collarbone in Canada.

The recall involves approximately 213,000 units of the Evenflo ExerSaucer Triple Fun stationary activity centers made between October 2006 and December 2008. The model number is 6231711. Stage 3 position involves converting the product into an activity table. No other ExerSaucer models use end caps and, therefore, no other models are included in this recall.

This item is sold at juvenile product and mass merchandise stores nationwide, including Toys ‘R Us and Burlington Baby Depot. This items was sold to consumers from October 2006 through February 2009 for about $120.

Consumers should immediately stop using the activity table in Stage 3 and contact Evenflo to receive a free replacement end cap. The product may continue to be used in Stages 1 and 2 without any changes.

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Dallas Jury Awards $17.5 Million, But This Award Unfortunately Reduced By $10 Million Because Of The Texas Legislature

February 18, 2009

According to the Dallas Morning News, a former maintenance man for a North Dallas apartment complex who lost his arms and legs to an MRSA infection has been awarded $17.5 million by a Dallas County jury.

Dr. Meenakshi S. Prabhakar, a Bedford infectious-disease specialist, was ordered to pay nearly $7.5 million to David Fitzgerald, 53, who now lives with his brother in East Texas. Dr. Prabhakar treated Fitzgerald in 2003, when he developed an infection following surgery at RHD Medical Center in Farmers Branch.

Because of caps on medical malpractice cases, Fitzgerald cannot collect about $10 million the jury awarded for pain, mental anguish and physical impairment. The state allows no more than $250,000 to be paid for non-economic damages in such cases.

The Texas statutory caps on non-economic damages (i.e. pain and suffering) in medical malpractice cases are tragically unfair and this case emphasizes that tremendously. Mr. Fitzgerland cannot bathe himself, cannot leave his own house without assistance, and will need daily care for the rest of his life.

As a civil trial attorney representing seriously injured individuals and their families over the years, I have seen many cases that would clearly justify an award of pain and suffering well in excess of $250,000.00, which is now the statutory cap in Texas for medical malpractice cases. That is a tragedy in itself. As a result of these statutory caps, these seriously injured victims become victimized for a second time.

If our civil justice system permits a jury of our peers to determine what is fair and reasonable for an injured person to recover, then it is outrageous to take that decision away from a jury. If a jury of our peers determines that someone is entitled to a certain some of money as compensation for pain and suffering, then there decision should be final. Our civil justice system needs to change immediately before more statutory caps are implemented by the Texas legislature for any and all injury cases.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Protecting Your Children As The Warm Weather Approaches

February 9, 2009

While Spring does not officially begin until March 21st, those of us with kids begin to see things a little differently when the weather gets warmer. For us, the first day of Spring is usually the first official day of warmer weather. Most of our kids can look forward to spending more time outdoors and can devote their free time to sports, hobbies, or that wonderful youthful pastime of doing nothing at all.

Warmer weather brings with it camps, swimming pools, little league, soccer, skateboards, bicycles, in-line skates, basketball, tennis, and, especially here in our area, trips to the beach. And with the increase in physical activity, there is inevitably an increase in physical injuries.

According to the American Association of Orthopedic Surgeons, the summer of 2006 was a banner year for warm weather sports related injuries that required some form of medical treatment. These numbers all affected people under the age of 20.

  • Basketball topped the list with 1,018,619 injuries. This isn’t really surprising considering that you don’t need a lot of expensive equipment to play, and basketball courts are readily available.
  • Bicycling finished second with 820,789 injuries. This might seem surprising to adults who ride bicycles either for exercise or to simply get from place to place, but children often like to race or jump their bikes off of ramps or curbs.
  • Baseball and softball caused 422,000 injuries, many of them leg injuries from sliding into bases.
  • Trampolines caused 248,000 injuries, which is not at all surprising. Those of you who are considering buying a trampoline for summer use should reconsider. All you have to do is think of it in terms of proportion. Think of the enormous number of kids playing basketball, baseball, or riding bikes, and then think of the comparatively fewer number of kids that have access to trampolines, and then consider that trampoline injuries ranked number four on the list.
  • Swimming accidents led to 114,899 injuries, which ranged from relatively minor scrapes to severe back and spinal trauma from diving into shallow water.
  • You wouldn’t think that volleyball would be on the list, but this seemingly contact-free sport resulted in 91,885 separate injuries that required medical treatment.
  • In-line skating was responsible for 66,101 separate injuries.
  • Tennis sent 17,838 kids to the hospital.

The point of listing all of these frightening statistics isn’t to send parents into a panic and lock their children in their rooms until it gets cold again. Accidents can and will happen to anyone, whether you’re playing touch football, jogging, or simply sitting on a park bench. But many of the injuries listed above were easily preventable. While it’s good for your children to be active, it’s especially important for them to be safe.

With these nine (9) simple precautions, keeping them active and out of the emergency room is a pretty simple process.

  1. Stretching: As hard as it may be to convince your child or teenager to do this, going through even some minor stretching before exercise or other strenuous activity can dramatically reduce the chance of injury. Pulled hamstrings and strained muscles are not only painful, but can keep your child from truly enjoying his or her vacation.
  2. Wearing Protective Gear: Obtaining protective gear for kids isn’t very difficult. But making sure that they keep it on once they are out of your sight is the tricky part. Kids have a tendency to unload protective helmets, knee and elbow pads and mouth guards whenever they are playing unsupervised. While it’s impossible for parents to keep an eye on their kids all the time, you should make it clear that playing sports and being active does have risks to go along with the rewards.
  3. Use Safe and Reliable Equipment: Make sure that bicycles, in-line skates and skateboards are properly maintained. You should also make sure that any protective gear or sports equipment is safe. The Consumer Product Safety Commission website has a frequently updated list of recalls and safety warnings of products of all types, including sporting equipment and safety gear.
  4. Make Sure That Your Kids Are Wearing the Right Footwear: Most of the injuries that took place on the basketball court were ankle sprains. Basketball is a sport that requires strong ankle support, and wearing shoes that don’t provide it dramatically increase your chances of an injury.
  5. Make Sure the Playing Field is Safe: It isn’t uncommon to find rocks, holes, sharp sticks or broken glass on an area where children play. Taking three minutes to make sure that the playing surface is clean and free of dangers can be the difference between a good time and a trip to the emergency room.
  6. Drink Plenty of Fluids: Heatstroke and heat exhaustion are fairly common occurrences during the hot summer months, and they are also the most easily preventable. Avoiding heat-based injuries is simply a matter of keeping hydrated. So make sure that your kids drink plenty of water.
  7. Protect Your Skin: While sunburn might not be as serious as a broken limb, it’s certainly easy enough to avoid. Even sunblock rated as low as spf 15 can be the difference between having a tan and spending three days avoiding all physical contact.
  8. Make Sure There is a Trained Lifeguard at the Pool or Beach: Some hotels have a “swim at your own risk” policy and don’t have anyone there to keep an eye on things. While these pools should be avoided, if your kids insist on swimming, make sure that you are there to supervise them.
  9. Make Sure That Your Kids Are Prepared: Make absolutely sure that your kids both know the number for the police or an ambulance and have the means to call them. Cellular phone companies have several plans for parents who are concerned about children and cell phones, and making sure that your children have the ability to stay in touch is an important way to keep them safe.

Accidents are one of the few inevitable things in life. But simply following the suggestions of this list can dramatically reduce the factors that allow accidents to happen. Stay safe, and enjoy your time with your kids in the warm weather.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Texas Legislature Finally Implementing Legislation To “Crackdown” On Texas Daycares

February 5, 2009

According to CBS 11, a North Texas mother has convinced state lawmakers to take action after a boy was left unattended in a daycare van in Dallas. Dallas Police were out at Sheranda’s Playhouse in East Dallas Wednesday, continuing their investigation on claims that a 7-year-old boy was left alone in a day care van for five hours. Luckily, the boy was not physically injured.

Currently, daycare center drivers are not required to have ANY safety training, but it could soon become mandatory.

Few people will face a more horrible death than four-year-old Jacob Fox. He was left inside a daycare van for five hours on July 20, 2006. The temperature outside the Dream House Learning Center in Dallas was 104 degrees when he was found dead from hyperthermia. The child was found in the front seat in the fetal position. This was clearly a painful death for this child in which he suffered tremendously.

Jacob’s mother says the void is still there after nearly two years. Mrs. Fox has spent much of the time since her son’s death promoting legislation to require training of daycare van drivers so it won’t happen again. Due to her hard work and determination, Texas State Senator Florence Shapiro has introduced a bill in Jacob’s memory that would mandate at least two hours of annual training on transportation safety for all child care providers.

The daycare operator responsible for Jacob’s death is serving a two year prison sentence that will soon end.
As an officer of the Court, I personally believe this is a life saving bill that will make a difference, but it is clearly not enough action by the Texas legislature. But Jacob’s mother is just beginning her mission to give meaning to her son’s life and death. Child care experts believe training drivers to conduct roll calls and develop routines that keep a head count will prevent deaths.

As we all watch our local evening news or read the local newspaper, on a weekly basis we hear of horror stories are North Texas daycares. These need to be stopped. Parents need the peace of mind while they are at work trying to make ends meet, that their children are safe and secure. The only way to reduce these tragedies is to have the Texas Legislature pass tougher legislation that implements strict criminal prosecution and civil penalties for daycares’ negligent and reckless operations.

If your child was seriously injured or abused at a Texas daycare, it is imperative that you contact an experienced children’s rights attorney who will hold all parties financially responsible for their wrongdoings.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com.

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Dental Policy Must Change After 12 Year Old Boy Dies From Toothache

January 15, 2009

Government officials say dental care is the number 1 unmet health care need for kids and low income adults. In the meantime, children are suffering due to Medicaid’s low reimbursements.

In 2007, 12-year-old Deamonte Driver of Maryland died following an untreated toothache, it put the public on notice for what health experts already knew: Dental health is a critical component of overall health, but if you’re a child from a poor family, good luck getting it.

That’s the story across much of the nation, including in Texas, where dental care is the No. 1 unmet health care need for children and low-income adults, and health experts lay most of the blame on Medicaid, saying the state-federal health insurance program for the poor and disabled pays only about half of what dentists charge for their work and not enough to cover expenses.

That’s despite federal Medicaid law that requires states to “assure that payments are … sufficient to enlist enough providers so that care and services are available” to Medicaid recipients to the same extent they’re available to the general population.

Tooth decay is the nation’s most common chronic childhood disease, according to the Centers for Disease Control and Prevention. It leads to problems with eating, speaking and the ability to learn, as well as pain, poor self-esteem and more than 51 million missed school hours each year, according to the U.S. Surgeon General.

In Deamonte Driver’s case, the youth’s tooth decay progressed to a brain infection after his mother couldn’t find a primary care dentist willing to accept his Maryland Medicaid plan. Two brain surgeries later, he died.

His emergency treatment cost $250,000, according to the Maryland health department. Treating his toothache would have cost less than $100.

The federal standard requiring adequate Medicaid reimbursement has generally not been followed, nor enforced, the Kaiser Commission on Medicaid and the Uninsured noted in a report it released this year, “Filling an Urgent need: Improving Children’s Access to Dental Care in Medicaid and S-CHIP,” the federal-state children’s health insurance program.

In Texas, it took a class action lawsuit filed on behalf of Texas mothers to get the state to increase reimbursement rates and improve access to preventive care for children. The suit took 14 years before reaching a settlement last year.

At least Texas seems to be on the right track. However, the remainder of the United States needs to catch up!

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com. Please visit our website to take a look at our Children’s Advocacy Center to see how we are fighting for the rights of all children.