Florida Child Injury Lawyer Blog

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.

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.

An Alachua County man (Keith Edward Olmeda) was recently sentenced to 150 years in federal prison for sexually abusing his former girlfriend's children and for videotaping these heinous acts. This acts of Olmeda are very disturbing and make this case or sentence ripe for the act of locking him up and throwing away the jail key. Olmeda is a sexual predator who is an absolute danger to society and children. Children should be protected, nurtured and educated by parents and other adults. Making them the subject of sex acts and videotapes is cruel punishment by a the acts of a selfish and sociopathic person.

You can read more about this story at Alachua Man Gets 150 Federal Prison Sentence.

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 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.

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.

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.

Three small children may have saved their mother’s life recently. Their mother was washing dishes when her boyfriend and the children’s father, Jose Oliva, attacked her with a pocket knife. He reportedly threatened to take the children away from her and go back to Mexico if she ever tried to leave him. He then allegedly punched her in the back. The three children, all around pre-school age, then intervened to try to stop him from hurting her. Oliva apparently backed off. When he fell asleep sometime later, the woman escaped from the home with all three children and called the Hillsboro County, Florida Sheriff’s office.

The children suffered some bumps and bruises from the attack. Oliva was arrested without incident. He is being held on charges of domestic violence battery by strangulation, aggravated assault with a deadly weapon, child abuse and tampering with a witness. His bail has been set at $57,500.

Domestic violence is far too common in Florida homes and throughout the United States. Unfortunately, children are often caught in the middle of domestic disputes. Parents should always act in the best interests of a child rather by responding to the heat of the moment. Children are harmed psychologically when they witness violent events or even threats of violence.

Mr. Oliva will be entitled to the services of a a criminal defense attorney or public defender. Of course, in many domestic violence situations, there are several versions of the events. This case will be handled in criminal court. It may also be dealt with in family law court in custody and visitation proceedings.

You can read more about these three brave children who stood up to their mother’s attacker at Plant City kids injured trying to save mom from dad's attack, deputies say.

According to the Florida Highway Patrol, a Vero Beach, Florida woman, Blanca Idalia Juarez, had two children with her in her car when she lost control of the vehicle and crashed into a canal. She refused to perform a sobriety test at the scene, but is reported to have told officers that she had consumed four alcoholic beverages before getting behind the wheel.

The two children were taken to a nearby Florida hospital for treatment. Their mother was arrested and charged with one count of driving under the influence, two counts of child neglect and two counts of battery on a law enforcement officer.

Ms. Juarez will be entitled to representation on this criminal matter by a Public Defender or a private criminal defense lawyer. In most cases, the interview of a suspected drunk driving suspect is recorded on video tape. Regardless of this evidence, Ms. Juarez can defend herself on these charges and her statements at the scene. The failure to submit to a field sobriety test and / or breath test can be used in the criminal case as evidence along with the fact that there was an accident.

Children are subject to the will of their parents, and as such parents have the responsibility to carefully watch out for their children’s well-being. Consuming four alcoholic drinks and then getting behind the wheel with your young children is not a recipe for a good parenting award. It is fortunate that no one was seriously injured in this accident. You can read more details of Ms. Juarez’ arrest and the charges against her at Woman charged with DUI, child neglect after crash.

A baby, who was not even 3 months old, suffered serious personal injuries while under the care of his mother - Madria Eyvette Roundtree. She has been charged with neglect after her baby suffered head injuries. From a story posted at The Palm Beach News Website, the baby may have suffered the injuries from a fall from bed. Thereafter, it appears that there was a delay in getting the baby medical attention. Other family members urged Ms. Roundtree to see more timely medical care and evaluation according to the article.

Of course, Ms. Roundtree is entitled to legal representation on this matter through a private attorney or through the public defender's office. Ms. Roundtree, through her attorney, will probably argue that there was no intent to harm her child and that she was unaware of the severity of the injuries until she took the child into the hospital. There may also be arguments that the delay or alleged delay did not cause any further injuries. Of course, there are a great many of details from a forensic and medical standpoint that will be developed by each side as this case progresses further.

Parenting certainly is not a part time job or responsibility especially when caring for infants and babies. Since children this young cannot communicate their needs or ailments, it is vital that a parent or caregiver is very diligent in getting a child medical care any time there is a doubt or concern about the health or well being of a child.

You can read more about this story at Boynton Beach Mother Charged with Neglect - Child Is Now Deaf and Blind from Head Trauma / Injuries.

Three children, one as young as two years old, escaped undetected from a Grace Community Schools daycare center in Cape Coral Florida. The children crossed a busy street where they were gathered up by concerned onlookers. Moments later a few of the school’s employees came outside to look for the kids. One of the onlookers, Nicholas Nuzzi, called the Cape Coral police department to report the incident. He also made a report to the Florida Department of Children and Families.

The Florida Department of Children and Families has confirmed that it is investigating the complaint, and that this particular incident is one of several charges of abuse and neglect made against Grace Community Schools’ schools and daycare center operators. Because the schools are run under a religious exemption, they are not licensed or inspected by the state. Read more about this daycare at Toddlers escape from Cape Coral daycare.

In Florida, a day care center can operate under a religious exempt status if the day care center is part of a bona fide religious institution. But even religious exempt day care centers have employment screening and background checks as well as other requirements. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care center where they will be leaving their child, whether the daycare is state licensed or not.

If your child has been subject to abuse or neglect while in daycare or elsewhere, please contact our firm for expert advice from experienced child injury lawyers.