Florida Child Injury Lawyer Blog

Valeria Maxon and her husband lived in Mansfield, Texas, with their son, Alex. In 2006, Alex’s doctor told the Maxons that the child was developmentally disabled. The couple took the child to a Florida child therapy center.

It was at this time that Ms. Maxon started showing signs of mental illness, saying that Alex was dying and it was her fault because she was a bad mother. She was hospitalized for several days in Florida until her husband released her to return to Texas. After returning home, she became more delusional, saying that she was possessed by Satan and that their son was the Antichrist.

Both Ms. Maxon’s sister and one of her psychiatric doctors warned Maxon not to leave Alex alone with his mother. But in 2008 he left the house for an hour and half; when he returned home his wife informed him that she had drowned Alex in the hot tub. Ms. Maxon was arrested and charged with capital murder. She was found not guilty by reason of insanity, and was sent to a maximum security mental hospital.

That same week, Maxon was charged with abandoning his son and placing him in imminent danger of death or injury. Prosecutors argued that a reasonable person would not have left the baby with his mother when she was so clearly mentally ill. Jurors deliberated just over a half an hour before returning a guilty verdict. The maximum sentence for second degree murder in Texas is twenty years in prison.

Read more about this sad case at Mansfield father found guilty in wife's drowning death of baby.

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

A Port St. John, Florida woman called the Brevard County, Florida Sheriff’s Office before noon on a recent Saturday morning, after finding an eighteen month old child in a diaper at her front door. According to Deputy Andre Walters, the woman was familiar with the child’s family, and directed police to the home of Sarah R. Petty, where they found a three year old at home alone.

Witnesses said that they had last seen Ms. Petty leaving her home at 8:00 p.m. the previous evening. After a few hours of searching, deputies located Ms. Petty at a friend’s home a few blocks away. According to officers, Ms. Petty was drunk when they found her.

Ms. Petty has been charged with child neglect and has been taken to the Brevard County jail. The two children are now with their father, who was out of town at the time of the incident, and the Florida Department of Children and Families has been notified about the situation. The Sheriff’s investigation into the matter is still ongoing.

Children need to be closely supervised at all times. Leaving two young children alone to go out drinking is a crime, and Ms. Petty will have her day in court to answer to these serious charges. Find out more details of this story at Tots found unattended; mother charged, jailed.

If your child has been injured due to someone else’s negligence, a Florida Child Injury Lawyer can provide guidance, counsel, and when supported by both the law and the facts representation to pursue damages for medical bills (past and future) and related pain and suffering.

In Orlando - University of Central Florida and other college towns around Florida and the United States, students often take on jobs in order to help pay college expenses and bills. It can be quite difficult juggling studies, extracurricular activities, and work. In Orlando, one such student (Maria Mishler) reported that she was falsely imprisoned by the manager of the Fubar - a popular sports bar frequented by University of Central Florida students and others. According to a story posted in the Orlando Sentinel, the manager - Matthew Merdian - had been drinking and was making sexual advances towards Maria. The alleged incident took place in an office that had been locked by Merdian who "forced her to straddle a chair by placing his hands on her shoulders." Fortunately, Maria was able to get away but was certainly fearful of her safety during this incident

Merdian denies the allegations but had no comment following his arrest. Of course, Merdian will be entitled to defend himself against the allegations. The investigation ir or discovery in this matter may reveal witnesses with knowledge of the incident and statements. It is also possible that criminal investigations of this nature will yield videotape evidence that may help support the prosecution. Then again, videotape evidence, if it exist, may end up assisting the defense of this matter.

Regardless of the outcome of this criminal case, it is important for all college students to be careful anytime that there is drinking or crowds around. Alcohol affects motor skills and inhibitions. Keep in mind that getting drunk is not a good excuse for bad or criminal actions. You can read more about this story at Fubar Manager Accused of Attacking University of Central Florida Sorority Member.

A twenty seven year old mother accidentally scalded her five month old son with hot bath water. Apparently, the woman was drawing a bath for the child when she saw a spider in the bathtub; when she attempted to wash the spider down the drain, it jumped out of the tub and onto the child’s arm. She then tried to rinse the spider off of the child by putting the child directly under the running water, not realizing that the water was too hot. The child was brought to the local fire station, where he was found to have second degree burns on his body.

Investigators have determined that the incident was an accident. Other family members at the home told investigators that they were not aware that the hot water heater was set so high. A Pasco County, Florida sheriff’s deputy watched the child’s grandfather turn the heat down. The child has been released from the hospital and is recovering at home with his family.

This unfortunate accident drives home the point that parents need to be vigilant to protect their children at all times. Read more about this unfortunate accident at Mother Trying To Kill Spider Scalds Baby.

If a child has been injured by someone else’s negligence, a Florida Child Injury Lawyer can advise you as to your child's legal rights and the laws pertaining to damages / compensation for these injuries.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

George Gibney left Ireland in 1994 and moved to Florida after a pedophile case against him lapsed due to the length of time since the alleged incidents occurred. The case included twenty seven alleged incidents of pedophilia. Since leaving Ireland for Florida, four new complaints against the former national swim coach have been made by former Irish swimmers who claim they were abused by Gibney while on the swim team. Irish police sent the files to the proper authorities, but no extradition warrant has been issued by the Irish government.

Now an American child protection agency, called Child AbuseWatch, is trying to have Gibney deported, saying that he lied on his Immigration form, which asks if the applicant has been arrested for or accused of a crime. Child AbuseWatch has distributed sex offender notification leaflets in the gated community where Gibney now lives; the community, Enterprise Cove, is located near Orange City, Florida.

It is not clear why the Irish government has not tried to extradite Gibney from the United States. Gibney is entitled to defend himself against the allegations. It is concerning that so many children and families have stepped forward with allegations against one man.

Find out more about the charges against George Gibney at Notorious Irish sex offender tracked to Florida.

If your Jacksonville, Florida child has been the victim of a sexual predator, there may be criminal and civil actions taken regarding the acts of the predator and the damages to the child. The police and State Attorney are charged with the responsibility of prosecuting the predator or sexual offender. In addition, a civil case may be brought against the sex offender / sex predator and his or her employee for the damage sustained by the child for such acts. A Florida Child Injury Lawyer can advise parents and caregivers as to the child's legal rights and the practicalities of pursuing a civil case for the abuse.

In Florida, is it a parent's duty to protect a child from a dangerous person including boyfriends, girlfriends, and fiances? The simple answer is . . . Absolutely! Many parents often times may a decision to spend time with a boyfriend, girlfriend, significant other, or fiance rather than concentrate on the best interest of a child. If a person poses a danger to a child, a parent should keep his or her child out of harm's way. The safety a child is paramount to everything else. In Cape Coral, Florida, a 34 year old woman (Nicole Brewington) was recently sentenced to 30 years of prison time for her failure to protect her child who died as a result of a beating by her former boyfriend. You can read more about this story at Woman Gets 30 Years in Child's Death.

Parents in Jacksonville, Florida recently withdrew their Autistic son from school due to an incident that recently took place in the school hallway. Lawrence Feagin actually witnessed his son being dragged by the school principal down the hallway. Mr. Feagin and the boy's mother, Jane Jackson, state that their son is Autistic. Ms. Jackson added that her son does not have the ability to verbalize and that he is not aggressive.

Autistic and other special needs students need to be supervised and cared for in the school system with an understanding and recognition of their abilities, disabilities, and individual characteristics. You can read more about this story at the Florida Times Union Website.

If your child has been injured or harmed in a public or private school, contact a Florida Child Injury lawyer for advice regarding the rights of your child.

Samantha Burton of Tallahassee, Florida was twenty five weeks pregnant when she began to go into premature labor, and went to the hospital on the advice of her doctor. The hospital wanted to keep her on bed rest until her delivery, some three months away. When Burton indicated that she wanted to go home to care for her two toddlers, the hospital obtained a court order to force Ms. Burton to submit to forced bed rest any medical care deemed necessary to sustain the life of her unborn child. For three days, Burton was confined to her bed at Tallahassee Memorial Hospital against her will. At the end of three days, Ms. Burton suffered a miscarriage and was released from the hospital.

She has now enlisted the aid of the Florida American Civil Liberties Union to strike down the court order that took away her power to make her own medical decisions. Burton’s lawyers have argued that the Leon County Court, which issued the original order, has set a “dangerous precedent.” The ACLU is arguing that a woman does not give up her right to determine the course of her own medical care when she becomes pregnant. Ms. Burton’s lawyer has accused the state of acting unconstitutionally by infringing on Ms. Burton’s rights to privacy and liberty.

The Florida Attorney General’s Office has argued that the State of Florida exercised due process by intervening to save the life of Ms. Burton’s unborn child. Read more of the details of this case at Pregnant Woman Fights Court-Ordered Bed Rest.

If you or your child has been injured due to medical malpractice, please contact our Jacksonville, Florida area law firm for child injury lawyer.

An apartment complex maintenance worker may have saved the life of an infant recently. The worker noticed an infant wrapped in blankets and locked in an SUV in the parking lot of the building complex where he worked. The window of the vehicle was cracked open about an inch, allowing the man to pry open the window and get the child out of the car. Other witnesses reported that the child had been locked in the car for about an hour before being rescued.

After deputies arrived at the scene, Latosha Yeadon returned to her car. She reportedly admitted to making arrangements over the Internet to commit prostitution with a man who lived at the apartment complex. The Hillsborough, Florida Sheriff’s office would not comment on whether the three month old child was Ms. Yeadon’s daughter or not. The girl was brought to Brandon Hospital and is in stable condition. Ms. Yeadon has been charged with aggravated child abuse, aggravated child neglect, prostitution and contributing to the dependency of a child.

Leaving a child unattended in a vehicle can be fatal. It is fortunate that an observant Samaritan noticed the child in the car and got her out before she was seriously injured. Find out more about this story at Deputies: Woman left infant in car to meet prostitution client.

If your child has been injured due to negligence or an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Deacon Richard Turcotte, chief executive of Catholic Charities announced recently the organization’s plan to bring homeless Haitian children to the US. Since then, he reports that he has been inundated with calls of support. According to the plan, any child considered “at risk,” including orphans, will be eligible to come to the US and be placed with an American family. Each child will be placed on a case-by-case basis. Turcotte cautioned that this will be a measured and temporary measure to help children who have been left homeless or orphaned by the 2010 earthquake that devastated Haiti.

What will happen to the children once they are placed in a family will depend on their situation. Some may be placed in foster care, with relatives, or even be adopted by an American family. So far, three sites have been designated in Florida to accommodate the children while they are being placed. The United States government will have to identify these children as officially “at risk” before the program can begin. According to Matthew Chandler, director of Homeland Security, the United States government is currently working on reuniting children with relatives before considering more drastic measures. Read more about the plans to help children orphaned by the Haiti earthquake at Plan to bring children to U.S. gathers steam.

Deputies from the Volusia County, Florida Sheriff’s Office were conducting a felony traffic stop when the possibly armed suspect began behaving irrationally. Jorge Garcia allegedly began yelling profanities at the deputies and then got in the back seat of his car and refused to get out. When deputies threatened to use a taser gun on him, the man allegedly got out of the car, grabbed a one year old baby from the backseat and held it in front of him, shouting “tase the baby” at the officers.

The deputies were able to remove the baby from Garcia’s arms without any harm to the child. A woman, Tangeca Garcia, who was a passenger in the car reportedly then got out and attempted to block officers from using their taser guns on Garcia. The deputies were eventually able to tase Garcia so that they could place him under arrest.

Garcia has been charged with child abuse and resisting arrest. Ms. Garcia has also been arrested and charged with resisting arrest. Of course, Mr. Garcia and Ms. Garcia will be entitled to defend themselves through representation from a Florida criminal defense attorney or a public defender. There may be legal defenses to the situation that should be explored by the defense attorney.

Unfortunately, children are put in danger every day by parents and caregivers who engage in reckless and careless activities. Parents and caregivers should to their best to think through the consequences of their actions. Of course, many parents and caregivers have mental health issues that complicate the situation. In these instances, family members, extended family members and when necessary the Court and Florida Department of Children and Families should step in when necessary to protect the interests and welfare o the children.

Read more about the arrest of Jorge Garcia at Cops: 'Tase the baby,' man dared them.

Wood, Atter & Wolf is a full service law firm based in Jacksonville Florida and Ponte Vedra Beach, Florida. Attorneys at the firm handle criminal, family law, business, probate, guardianship, and child personal injury matters. The above reported incident will involve issues involving criminal and family law.

Tempe, Arizona resident Elizabeth Johnson was extradited from Florida over the holidays after she failed to appear for a child custody hearing in Phoenix, Arizona. Her child, Gabriel Johnson was not with her at the time, and the child’s whereabouts are still unknown.

Elizabeth reportedly had tried to give the baby up for adoption in the past, turning her son over to a Scottsdale, Arizona couple she met in an airport several months previously. She later took the child back, and recently sent text messages to the child’s father, Logan McQueary, saying that she had killed the child. She now claims that she handed him over to a couple she met in a park in San Anonio, Texas. According to Ms. Johnson’s Grandfather, Bob Johnson, she was desperate to get the child adopted and may have tried to find a willing couple on Craigslist or some other online service. Police still do not know if the child is dead or alive, or if the child is in Texas, Florida or Arizona. Ms. Johnson has been charged with kidnapping, child abuse, and custodial interference. She is refusing to cooperate with authorities.

Find out more about this story at Missing Baby "Persons of Interest" Speak.

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

Many Florida children are dealing with very adult issues – including depression, anxiety and other psychiatric illnesses. Florida therapists, counselors and psychiatrists are reporting that children are being diagnosed at younger and younger ages for these illnesses. That has raised serious questions regarding giving powerful psychotropic medications to young children. This is especially a concern for children in the Florida foster care system, where children are prescribed psychotropic drugs at a rate that is higher than that for the general population.

Some professionals charge that children are being given these drugs as an easy fix to get them to behave, instead of being given appropriate structure and guidance. They worry that the drugs may have unknown side effects with long term use. Others disagree, pointing to the fact that children are placed under a great deal more stress at home and are subject to other issues that were not as prevalent ten years ago. They say that children need the drugs in order to concentrate in school and succeed in life.

The decision whether or not to put a young child on medication is not an easy one. Parents should make sure that they educate themselves on the options available so that they can make an informed decision.

Read more about how the state of Florida is dealing with childhood mental illness at Child's suicide raises medication questions.

If your child has been injured by inappropriate medication or poor medical advice, please contact our Jacksonville, Florida law firm for child injury legal counsel.

According to a Marion County, Florida Sheriff’s Office report, Nekisha Smith made a trip to the McDonalds drive thru one evening with her five year old son in the car. An employee of the restaurant became concerned after noticing that Ms. Smith was allegedly speaking with a slurred voice and smelled of alcohol. She also reportedly seemed confused about her order once she reached the window. The employee told Ms. Smith that her food was still being cooked, and asked her to pull forward to wait for it. He then called police.

When police arrived, Ms. Smith was parked in the McDonalds parking lot, eating her food. She reportedly told deputies that she was just tired from drinking the day before; she also said that she was taking several medications, including Zoloft. She failed field sobriety tests, including a breathalyzer that showed a blood alcohol level of .13. The child’s father was called to pick up the boy, and Ms. Smith was arrested. She has been charged with drunken driving and child neglect. Deputies have contacted the Florida department of Children and Families about the incident.

Read more about the alleged McDonald’s drunken drive-thru incident Mother arrested in McDonald’s parking lot, charged with child neglect, DUI.

If your child has been injured by a drunk driver, please contact our Jacksonville and Northern Florida law firm for child injury legal counsel.

The Florida TImes Union website reported that a fire gutted a portable classroom located at Lakeside Elementary School in Orange Park Florida. Fortunately, no Clay County school district students or employees were injured by the fire that took place on a Saturday night. Clay County Fire and Rescue responded to the scene. The cause of the fire was reported to be electrical in nature. Hopefully, the school and fire rescue officials will use this information to make sure that no other portables or classrooms are at risks for similar fires. You can read more about this story at Lakeside Elementary School Portable Classroom Fire Reported.

In Jacksonville, Florida, the family of Spencer Wills and the community are mourning his death. Spencer was the unfortunate victim of a burn injuries he sustained when kerosene from a space heater ignited his stroller. The incident took place in November 2009 and Spencer just recently died from these injuries.

Space heaters can be quite dangerous and, at times, can lead to serious personal injuries and the deaths of children as well as adults. Five siblings and Spencer's father, George Wills, survived the fire. Fire officials reported that Mr. Wills's quick thinking saved the family.

Products like Space Heaters should be designed and distributed with reasonable safety devices to prevent tragedies like these from taking place. In addition, suitable and understandable directions and warnings should be packaged with products that can and are known to cause fires.

The loss of a child is certainly a traumatic event for the family. It is sad that Spencer never got to see his first birthday or any other life time events that a boy, young man, and man should experience. You can read more about this story at Jacksonville Baby Burned in Space Heater Fire Dies.