Florida Child Injury Lawyer Blog

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.

Sanchia Xavier-Velez gave birth to her daughter, Jazmyne Rayne Gowers-Velez, at home in early November. Ms. Xavier-Velez brought the infant’s body to the hospital the next morning, and reported to authorities that she gave birth to the child in a toilet, and that the child was stillborn. But police suspected that the child had been a victim of foul play.

A doctor has examined the child and found that she was breathing before she died and that she had water in her lungs – both indications that the child died by drowning. Ms. Xavier-Velez, who also has a seven year old daughter, has been arrested and charged with first degree murder and aggravated child abuse. She is being held without bond in the Orange County jail. Her seven year old has been placed in the care of the Florida Department of Children and Families.

In Florida and other States, a person, who is charged with a crime, is entitled to defend herself from the charges with legal representation by a private criminal defense attorney or, in the alternative, the public defender. Whenever there are medical issues involved, cases of this nature can be quite complicated especially when each side presents competent testimony from expert witnesses and medical providers.

Ms. Xavier-Velez told authorities that she was at home alone with her other daughter when she felt the urge to go to the bathroom, and unexpectedly delivered her child into the toilet. She claims that she then passed out for as many as three hours. When she awoke she went to sleep on the couch. She says that she did not take further action because she did not feel well enough to drive and her cell phone service had been turned off. Authorities report that Ms. Xavier –Velez has a history of unwanted pregnancies, having given one child up for adoption and aborting another two years ago. They also report that there were no baby items in the woman’s home. Ms. Xavier-Velez claims that she was laid off from her job recently and returned the baby items because she needed the money. She also had reportedly not told close friends or her former employer that she was expecting. Find out more about this sad story at Mother accused of drowning newborn in toilet.

Three masked men with guns broke into a Palm Bay home where five children, ranging in age from ten months to fifteen years old, were waiting for their mother to return home from the hospital with another of her children who needed stitches for an unrelated injury. The mother returned from the hospital and walked in on the gunmen shortly after they had broken in to the home and forced the children to lie down on the living room floor. After the mother arrived home, they threatened the ten month old baby with a gun, choked the eleven year old, threatened the family dog, demanded money, stole all the Christmas presents, and finally poured boiling oil on the mother and her fifteen year old daughter. The young girl is still in the hospital with third degree burns from the oil.

Police believe that the armed intruders may be acquaintances of one of the children’s uncles. The investigation is still under way. This horrific intrusion and torture is very hard to read about. You can read more about this crime and the investigation at Mom, Children Tortured In Palm Bay Home.

A class-action lawsuit, filed in 2005 on behalf of the Florida Pediatric Society, Florida Academy of Pediatric Dentistry, and all residents of Florida under the age of 21 who presently or in the future would be eligible for Medicaid, is expected to be argued in Miami soon. The suit accuses the state of Florida of violating federal Medicaid standards. Among other accusations, the suit claims that in 2007 nearly four hundred thousand children on Medicaid did not receive a medical check-up, and that three quarters of a million children on Medicaid did not receive any dental care.

Industry experts point to the fact that Medicaid payout rates are much lower than those for private insurers; that means that many doctors and dentists simply do not accept Medicaid patients. In many cases, Medicaid patients are forced to wait four times as long for an appointment as privately insured children.

Medicaid was designed so that low income children would have access to proper medical care. The fact that so many of them are still going without, points to a problem in the system. Hopefully this lawsuit will help pave the way for these children to get the care they are entitled to. Read more about the case and its allegations at Florida accused of violating Medicaid standards.

Thousands of reports of abuse coming in on the Florida Department of Children and Families abuse hotline are being rejected or ignored, thanks to a little known new screening practice recently undertaken by the department. Child welfare managers in Broward County, Florida, brought the new screening rules to light during a routine practice review.

The new screening procedures were put into effect to ease the burden on the overwhelmed child welfare system. The Department of Children and Families calls the new practice “necessary triage” that allows them to focus on the most at-risk children. They point to a number of frivolous complaints filed, but reports of abuse, kidnapping, rape, child abuse, neglect and domestic violence are now being routinely being labeled as “unworthy of investigation” as well. A spokesperson for the department said the new rules are a work in progress, which the department will continue to refine.

One of the new policies that was leaked to the press includes a revision of guidelines on what is considered abuse, and includes a directive to reject complaints about signs of a beating unless the child was taken to a doctor or the hospital or was permanently disfigured. This would basically rule out any signs of abuse reported by childcare workers. Child advocates are up in arms over what they call a “dangerous shortcut” that will leave many children at risk. A one year old child, Bryce Barros, has already fallen victim to the new rules; he was beaten to death by a family member even after a Broward County domestic violence judge contacted the hotline on three separate occasions on behalf of the child.

The economic downturn is being blamed for a large part of the problem; stress and loss of income within families has put more children at risk, just as funding for the Department of Children and Families is being cut by the state. An increase in frivolous complaints lodged by child care workers afraid of being prosecuted for failure to report suspected abuse was also cited.

You can learn more about the new screening procedures at Cries for help to DCF hot line go unheeded by design.

The Orange County, Florida Sheriff’s Office made ten arrests recently, stemming from an investigation into an internet prostitution ring. The investigation took place over several weeks and included individuals in seven Florida counties. One of the alleged prostitutes arrested was a sixteen-year-old girl. She told police that her pimp was holding her five-month-old baby hostage, and that if she did not return to him with the money, he would keep the baby.

Deputies found the baby some time later with the girl’s alleged pimp, in a car in a parking lot at the Wal-Mart on South Kirkman Road in Orlando, Florida. The baby was unharmed; the pimp was arrested. The child has been turned over to the Florida Department of Children and Families, which will determine if the infant should be returned to its mother.

It is sad enough that this young sixteen-year-old girl has become involved in a life of prostitution. But it is sadder still that her infant child has been mixed up in it as well. Children should be cherished and protected, not used as hostages held for ransom. Clearly this young girl is putting her child in harm's way by associating with alleged criminals. It will be interesting to see how the Florida Department of Children handles this matter and what the future holds for the 16 year old and her child.

Find out more about this story at Baby held hostage in prostitution ring.

Twelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

A representative from the Phillies ball club approached Jennifer in the stands, and told her that if she handed over the ball, he would have Howard sign it for her and Howard would give it back to her personally after the game. After the game, Howard was nowhere to be seen, but a security guard found Jennifer and gave her ball that had been autographed by Howard - a brand new ball, not the one she had caught.

Upon learning what happened, Jennifer’s mother, Delfra Vanegas, called the Phillies and asked them to give her daughter the ball back. The Phillies did not respond until the family’s attorney sued the club for $15,000 and the ball. The Phillies then returned the ball to Jennifer, who says she has no plans to sell it.

When a fan catches a ball in the stands, it is generally accepted that they are allowed to keep it. Taking a ball from a small child because it is believed to be worth a lot of money is an act that is bound to make both Howard and the Phillies look bad to the general public. The fact that they mislead the girl into giving them the ball with false promises would have undoubtedly helped the girl’s case if it had gone to trial.

Find out more about this story at Jennifer Valdivia 12-Year-Old Sues Philadelphia Phillies Over Ball.

Mesac Dumas of Naples Florida admitted to killing his wife and five children, aged 11 months to nine years old, after his wife threatened to divorce him and take the children. Damas bound his wife, Guerline Damas, and the children with rope, then slit their throats despite Mrs. Damas’ pleas for mercy. Damas admitted to having second thoughts about killing them, but was afraid to let his wife go because he thought she would call the police. Damas sited “bad spirits” as the reason for his actions. He tried to flee to Haiti, but was deported by authorities back to Florida where he was charged with murder.

This case is yet another in a seemingly growing trend of “familicide,” a special kind of murder/suicide that has risen in public awareness over the past several years. Financial difficulties can lead to familicide, but the most common reason cited is romantic trouble between the partners. It is tragic that the children are caught in the crossfire as adults attempt to erase their troubles with violence.

Find out more about this story at Florida Man Says 'Bad Spirits' Made Him Kill Family.

Twenty-one year old Christian Woods, of Belleview Florida originally told Escambia County, Florida deputies that her 18-month-old daughter was missing after she left the child, her twin sister, and a 2-year-old boy home alone while she went to Mobile, Alabama for the weekend. Escambia County, Florida authorities reported that Ms. Woods left the children with 6 containers of Jell-O and no water or electricity.

The 18-month-old girl was later found dead in a trash can, and her mother admitted to putting the girl there after she returned home to find the child dead. Ms. Woods has been charged with murder and two counts of child abuse. The other two children have been taken away by the Florida Department of Children and Families.

The article did not mention what drove Christina Woods to leave her children alone for the weekend with no food, water or electricity. It is almost inconceivable that a mother would subject her own children to such abuse and neglect. Children should be cherished and protected by their parents; when they are not the results can be quite tragic.

Find out more about this story at Deputies: Mom Put Dead Girl In Trash.

In Jacksonville, Florida, a federal criminal trial began recently against a man accused of bringing teen girls across State lines (Virginia to Florida) for acts of prostitution.

Marvin Leigh Madkins, age 29, is accused of transporting the teens to Jacksonville, Florida hotels for purposes of prostituting the teens to men who answered ads on the Internet. Mr. Madkins actually used the popular web site Craigs List to commit these crimes. During the time that Madkins was exploiting the teens, their parents in Virginia were searching for their children and begging for clues as to the whereabouts of the children.

Apparently, Madkins lured the teens to take a trip to Florida with him for a supposed drug deal and fancy vacation. Madkins concocted this business deal with only one thought in mind - his best interests and the exploitation and prostitution of these young girls.

While this is a very troubling story, it is yet another reason why parents should take every opportunity that they can to educate their children and warn their children about people like Madkins who are only out for themselves no matter who is harmed in the process.

You can read more about this story at Teens to Testify Against Suspected Pimp in Jacksonville, Florida.

In Fort Pierce, Florida / Port St. Lucie Florida, Judith Leekin lived with disabled children that she adopted in New York. Ms. Leekin appeared to be more interested in the $1 million in subsidies and welfare that she received for the children rather than the education, safety and welfare of the children. Ms. Leekin was charged with aggravated child abuse for beating and handcuffing the children in a locked room. She did not adequately provide food for the children and frequently deprived the children of medical care and education. Ms. Leekin pled no contest to to the charges and was sentenced to a 20 year prison term.

The acts of Judith Leekin were truly heinous in that she preyed on disabled children while personally pocketing government funds to take care of her own needs rather than those of the children. You can read more about this story at Florida Woman Gets Prison Term After Pleading No Contest to Charges of Aggravated Abuse of Disabled Children.

Stealing money from a baby will land you in prison. A Wisconsin man, Ryan Mueller, broke into a home and stole money from a child's piggy bank. DNA evidence links Mr. Mueller to the crime. He stole the money and left the Piggy Bank behind.

He also left some trace blood on a window that he broke in to burglarize the house. Mr. Mueller should think twice about his career as a criminal. You can read more about this story at the CNN website - by DNA Links Man to Theft of Tot's Piggy Bank

At Wood, Atter & Wolf, P.A., we have attorneys who handled injury cases for victims. While we would probably decline a request for representation on behalf of the piggy bank robber, we do represent clients who are charged with crimes in the Jacksonville Florida and surrounding areas.

If you are the victim of a crime or are being charged with a crime, you can contact David Wolf - Attorney - at Wood, Atter & Wolf, P.A. to find out your rights and available options at (904) 355-8888.

The Florida Department of Children and Families is charged with the responsibility of fielding and investigating reports of child abuse / elder abuse in the State of Florida. The State of Florida has several good web resources for learning more about the process of reporting incidents of abuse and neglect.

Definitions of Child, Vulnerable Adult, Harm, Abuse, Exploitation and other key terms can be read at the Florida Department of Children and Families Web Site.

The hotline telephone number is 1-800-96-ABUSE (22873). You can read more details about the reporting process at the Florida Department of Children and Families Web Site.

If you have any questions about civil lawsuits and damages for incidents of child abuse or elder abuse against third parties including day care centers, churches, schools, nursing homes, or other entities, contact a Florida personal injury attorney or Florida child injury lawyer.