Florida Child Injury Lawyer Blog

At a home in Northeast Jacksonville, several children gathered recently for a child’s birthday party. The children were playing outside the home when witnesses say they heard a single gunshot. An unidentified two year old girl was hit by the gunfire.

A resident of the home, Charlene Johnson, reported that there were several children playing outside at the time, and wasn’t sure if anyone had been injured at first. When it was discovered that the two year old girl had been hit, her parents rushed her to Shands Jacksonville Medical Center.

According to Sergeant John Gay of the Jacksonville Sheriff’s Office, aggravated battery unit, it is not clear if the girl was hit more than once, but she is expected to recover. Neither the motive for the shooting nor the intended target is known at this point. Police are still investigating the incident.

It is scary to think that someone would fire off shots in the direction of a group of young defenseless children right here in our own city. It is fortunate that the girl will be all right, but she will certainly carry emotional and physical scars from this tragic event throughout her life.

You can read more of the details of this story at Drive-by shooting wounds 2-year-old girl in Jacksonville.

If your child has been injured, please contact our firm for child injury legal counsel.

Nineteen year old Jasmine White apparently followed Augustin Duclos and his three week old son, Melvin, home from Shands Jacksonville Medical Center. At the hospital, she presented the man with false credentials and papers saying that she worked for the Florida Department of Children and Families (DCF). She informed Duclos that his son was being taken into DCF custody because of suspected child abuse, and that an investigation of the family was underway.

When Duclos contacted authorities several hours later, he found out that there was no such investigation and that his child had been kidnapped. An Amber Alert was issued and the police got started trying to track down the missing child.

According the Jacksonville, Florida Sheriff’s office, they were able to get one fingerprint off of the forged paperwork, and identified Jasmine White from a juvenile arrest for auto theft. Melvin was found with Ms. White ate her mother’s home shortly thereafter. He was unharmed. Ms. White was arrested on several charges including kidnapping, fraudulent use of identification and interference with child custody.Sheriff John Rutherford said that the FBI, the US Marshall’s office and the Florida Department of Law Enforcement were instrumental in helping his office find and arrest Ms. White.

Florida Parents should be aware that typically no government official will appear at their door and demand custody of their child for any reason. Any such person should be reported to authorities immediately. Read more about the Duclos family’s ordeal at Abducted Baby Home 'A Miracle From God'.

If you are involved in a child custody matter, please contact our firm for child injury legal counsel.

Two year old Serenity Bergey was found dead in September of 2007, her head wedged between the mattress and the drop railing of her broken Simplicity brand crib. Two days later, the United States government issued a recall of nearly 1 million cribs; several other children were already believed to have been asphyxiated by defective drop-sided cribs made by Simplicity, Inc.

Even though Serenity’s death was ruled an accident at the time, Florida detectives never believed that her death was accidental. The child’s home was dirty and full of drug paraphernalia, and her supposedly defective crib was broken and held together by duct tape. In 2008, detectives sought to charge the girl's mother, Connie Bergey, with aggravated manslaughter charges, but prosecutors declined to take the case due to the lack of evidence. Now a witness has come forward with new information that is allowing detectives to pursue criminal charges against Serenity’s mother.

Ms. Bergey’s lawyers have denied that she did anything wrong. Ms. Bergey is suing Simplicty, Inc., which has gone out of business, and Wal-Mart, where she purchased the crib. Read more about the recall of Simplicty cribs and the death of Serenity Bergey at Investigation reopened into toddler death that led to crib recall.

If your child has been injured by a defective product, please contact our law firm for child injury legal counsel.

Former Jacksonville Jaguar, Richard Tylski, and his wife, Jane Tylski, have lost a civil suit filed on behalf of their former foster daughter, Janie. A Florida Judge has ordered the couple to pay $1.2 million in damages to the now ten year old girl, for injuries she suffered at the hands of her foster parents. The Tylskis have denied injuring or abusing Janie.

The civil lawsuit was filed on behalf of the girl by an attorney ad litem, who sought damages in order to help Janie pay for future medical needs and counseling stemming from the abuse. The judge in the case determined that Janie had been abused by the Tylskis for years, and has been permanently disfigured by the abuse. Her injuries included a broken finger and a broken leg. The broken leg may prevent her from growing properly.

The Tylskis had previously faced criminal charges in the matter, but settled the criminal case via plea bargain. Ms. Tylski pleaded guilty and received probation; Richard Tylski’s case was handled through the Florida Department of Corrections pretrial intervention program. Tylski did admit in court two years ago that he had caused visible belt marks on the girl’s skin. You can read more details of the civil trial of Jane and Richard Tylski for child abuse at Former Jag, Wife Must Pay $1.2M In Suit.

If your child has been injured while under another’s care, please contact an attorney at our law firm for child injury legal counsel.

In Florida schools as well as other schools around the nation, special needs and disabled students are unduly and aggressively restrained every day in the classroom. Many child safety advocates argue that in these modern times - child restraints should be limited or eliminated from the classroom. This is especially true when children are physically and emotionally harmed from the unnecessary or overuse of these restraints. Florida State Representative Dorothy Hukill - Republican from Port Orange, Florida is sponsoring a bill that would limit of the use of the public school use of restraints. Hopefully, the bill will pass and measures will be taken in public as well as private schools for the proper education and supervision of disabled and special needs children in the school system. You can read more about this topic at Florida - Limiting the Use of Restraints in the School System.

Last January, two year old Anthony Jesy “AJ” Cabral was home alone with his mother’s boyfriend, Jason Lenz, one evening when he suffered a complex skull fracture and died sometime the next day. Lenz never alerted anyone that the child had been injured, including the child’s mother, who was a registered nurse and returned home a few hours after the injury took place. She was the one who found her son dead the next morning.

Lenz claims that he was carrying the boy when he tripped and fell, dropping the child to the floor. But according to prosecuting attorneys, Lenz beat the child to death by “bashing his head into something.” The jury agreed, convicting Lenz of felony murder and sentencing him to life in prison with no chance for parole. He was also sentenced to thirty years in prison for aggravated child abuse.

Lenz had been living with the family for eight months prior to AJ’s death. It is very sad that children are abused, neglected and even killed by the people closest to them; people who have been entrusted with their care. A person with a bad temper or history of abuse does not make an appropriate babysitter. Parents need to be very careful who they leave their children with, whether it is a friend, a relative or a daycare provider.

Find out more about this story at Jury finds Oviedo man guilty in child's death.

According to a Florida study of childhood obesity, published in the Endocrine Society's Journal of Clinical Endocrinology & Metabolism, future incidents of heart disease and stroke for obese children increase along with body mass index (BMI). This is true even if other factors, such as high blood pressure, are not present in those individuals during childhood. The study tested children for certain blood abnormalities that predispose an individual to developing cardiovascular disease later in life.

The study adds more evidence to a growing body of research showing that the negative health impacts of obesity start very early in life. In order to protect young people from future health problems, aggressive weight control measures may need to be implemented for children who show a propensity for obesity. Certainly healthier food and more exercise for young children would help all kids grow up healthier and happier.

A child’s weight may also have legal implications for parents. A South Carolina woman recently lost custody of her child and has been charged with criminal child neglect after the child’s doctor reported concerns about his weight to social services. Many states are now also considering the obesity of the children post divorce in modification actions.

Read more Florida childhood obesity study results at Child obesity links to heart disease reinforced.

If your child has been injured due to the negligence of others, please contact our Jacksonville, Florida firm for child injury legal counsel.

Kim and Gerard Campanella of Port Charlotte, Florida have been acting as foster parents for a twenty one month old toddler since she was five months old. The Campanellas recently received a phone call from the Florida Department of Children and Families (DCF), informing them that the girl was to be sent to live with a distant relative in Michigan.

Kim Campanella believed that the sudden change in custody would not be in the best interest of the child, and spent several hours researching her hunch on the internet. She found a report from the American Academy of Pediatrics saying that separating a child from its caregivers after six months of age can result in emotional disturbances later in life. Complicating the issue is the fact that the child’s birth mother called the Campanellas several months ago to ask them if they were willing to adopt the child.

The Campanellas made an unusual decision; they decided to hire an attorney and fight the Department of Children and Families’ decision. The move is unusual because foster parents in Florida are required to sign documents stating that they will not take legal action to keep a child they are caring for. According to a DCF spokesperson, the state only requests that foster parents not hire an attorney, and they are legally entitled to do so if they wish.

A judge has agreed with the Campanellas, finding that they are at least equally qualified to care for the child as the distant relative, and possibly more qualified due to the bonding they have had with the child. The judge has blocked the removal of the child from the Campanellas’ home. Find out more about this foster family’s fight to stay together at Southwest Florida foster couple fight for toddler.

Laura Caballero called herself Sister Mary and passed herself off as a nun. While Ms. Caballero is reportedly the director of St. Filumena Church in Eustis, Florida, The Catholic Diocese of Orlando has said that Ms. Caballero is not a Catholic Sister and St. Filumena is not a church of the Diocese of Orlando.

According to Lake County, Florida Sheriff’s detectives, Ms. Caballero used false pretenses to take two year old Maria Lopez Vasquez away from her parents and then refused to return her. According to the child’s parents, who lived in South Carolina, they lost their second child in childbirth and “Sister Mary” offered to take care of Maria while they grieved and prepared funeral arrangements.

Ms. Caballero was supposed to take the child to a relative’s home, but instead she returned to Florida with the girl. She later offered to give the couple $2,000 to keep the child permanently, and when they refused she threatened to turn them in to United States immigration. Ms. Caballero then travelled to Argentina with the child. When she returned to Miami, she was arrested but the child was not with her.

Federal agents were eventually able to find Maria and return her to her family. Ms. Caballero has been charged with false imprisonment, and more charges may be forthcoming. Police are still unsure of her motive, but are not ruling out child trafficking.

Read more about Sister Mary at "Nun" may have had other child victims.

When an twelve year old girl from Dover, Florida returned to school after an absence of some months, her teachers asked her why she had been absent. She replied that she had given birth, and that the father was her twenty eight year old brother in law, who lived next door to her family in a trailer park filled with migrant farm workers.

The father, Teodoro Pablo-Ramirez, was promptly arrested. The girl’s parents, who had moved back to Guatemala, sent a letter to the court saying that the couple was married, and that it was normal in their culture for girls to marry at a very young age.

The case has created a stir in the Florida court system. The problem is that Pablo-Ramirez speaks no English and very little Spanish; his native language is Mam, a rare Mayan tongue. It is understood by very few interpreters. When Pablo-Ramirez was sentenced to life in prison for fathering the eleven year old’s child, there was no Mam interpreter in the courtroom, only a Spanish interpreter. When his life sentence was handed down in Spanish, Pable-Ramirez did not understand enough of the language to realize what had happened to him. The judge has therefore granted a motion for a retrial.

Read more about the problems obscure languages can cause in the courtroom at Obscure Mayan language leaves justice tongue-tied.

The “A Child is Missing” alert system, based in Florida, can be used by authorities to help find missing children quickly. Once police activate the system, hundreds or even thousands of residents in the nearby area will receive automated phone calls asking them to help find the child.

When Lindsey Young of Manchester, New Hampshire left her home on a Sunday evening and was not heard from again, police launched an extensive search for the girl. They visited her friends’ homes and other locations the girl frequented. When police were unable to find Lindsey, they activated the “A Child is Missing” system, which sent recorded messages by telephone to hundreds of residents living in the vicinity of her home. The recorded message provided information about Lindsey and her appearance, in the hope that someone might have seen or talked to her.

While it appears that Lindsey ran away from home, police are still worried for her safety due to the harsh winter weather and the length of time she has been missing. Anyone with information about Lindsey should call the Manchester police immediately at 603-668-8711.

Find out more about this story at Manchester police use alerts system for help finding missing girl.

If your child has been injured, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

The issue of criminal restitution in child pornography cases was first raised a year ago in Connecticut, when a federal judge ruled that a man found in possession of child pornography must pay $200,000 in damages to one of the children featured in the materials, even though the man did not take the pictures in question.

The child is now a twenty year old woman called “Amy.” That case settled for $130,000 before the judge made his final ruling, but Amy is going after anyone she can find with images of her in their child pornography collections.

Federal judges nationwide are now forced to decide if a person found with abusive images is responsible for harm to the subject, and if so, how much they should pay in restitution. These cases have been made possible by the Crime Rights Act of 2004, which set up a system of notifying victims when someone was caught with a pornographic image of them.

In Florida, two different courts have ordered restitution totaling more than $3.5 million to Amy, but other Florida courts have awarded only nominal amounts or nothing at all. At least one of the awards has been appealed. Read more about Amy’s story and its effect on child pornography cases at New legal issue: Payment for child porn victims.

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.

Dr. Robert Davis Williams, an emergency room doctor, was arrested at his home recently by Jacksonville, Florida Sheriff’s office deputies. Williams, who earned his medical degree at the University of Florida, and completed his residency at Shands, Jacksonville, has been charged with possession of child pornography.

Reportedly, a woman living with Williams came across a video portraying child pornography and notified police. She told police investigators that she then looked further and found thousands of DVDs which could be classified as child pornography. Police have seized Williams’ computer and computer storage media along with several hundred VHS tapes and DVDs.

Williams is licensed to practice medicine in Florida, Georgia, South Carolina and Alabama, and was working as a travelling emergency physician with Team Health until he was fired on the same day that he was arrested. If he is convicted he could face up to five years in prison.

Read more about the arrest of a Jacksonville doctor at Hundreds of Discs, Tapes Taken from Jacksonville Doctor Facing Child Porn Charges.

If your child has been the victim of sexual abuse or the subject of exploitation or harm, contact a Florida Child Injury Lawyer for consultation as to your child's civil rights as they pertain to damages for medical bills, counseling, and related pain and suffering.

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.

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

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.

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.