Florida Child Injury Lawyer Blog

Fifteen year old Taylor Garrison recently gave birth to a daughter, Brielle Garrison, in Wellington, Florida. The child suffers from a very rare condition, called Anophthalmia, which results in a lack of ocular tissue.

The doctor on the case, Dr. Lee Friedman, of the Microsurgical Institute, reported that the last time he saw a case of Anophthalmia was twenty two years ago. He further stated that the disorder is not hereditary, but rather is caused by a sporadic mutation. The disorder occurs in one out of every one hundred thousand births, and its cause is unknown.

The Garrison family will now have to consult with a large number of doctors, surgeons and specialists who will try to ensure that the disease does not cause the baby’s face to be deformed as she grows. The family and doctors hope that more families of children suffering from the rare disorder will come forward so that more medical attention will be focused on the matter.

The young mother has vowed to treat Brielle just like any other child. You can read more about this unusual disorder and the Florida family who is dealing with it at A Rare Condition Causes Baby in Florida To Be Born Without Eyes.

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

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.

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

Keitler Pierre-Louis shares his Broward, Florida home with thirteen family members, including five children, one with Down Syndrome. Pierre-Louis owns a home-improvement business, at which he employed most of his family members. When the economy went bad last year, his business dropped substantially and he and his family were unable to afford their mortgage payments. An attempt to negotiate with lenders ended in a loan modification scam that cost him $1,000. The family has officially been evicted from the home, but they don’t have anywhere else to go and are illegally camping out in the house, hoping they can stay beneath the radar until the financial crisis is over. They have been sleeping on the floor on air mattresses, which they pack away along with other essential items every morning when they leave. In the morning they go to the storage unit where they packed away their belongings to pick out clothes for the day. If they are caught, they have no money for other housing and will be forced to live in their cars or in the storage unit.

In 2009 there have been over one hundred thousand foreclosures filed in Broward, Miami-Dade and Monroe counties. That represents a six-fold increase over 2006. Most former homeowners move in with relatives, or wait out the process in their own homes, since a foreclosure in the overburdened system can now take more than a year from initial filing to final judgment. Children, especially special needs children, in these families are put at a great risk by their homelessness. In most cases the families are reluctant to contact state services because they are afraid their children will be taken away from them.

You can read more about the Pierre-Lois family and other Florida families who have lost their homes in the recession at American Dream strands South Florida family of 14.

The State of Florida is having a serious revenue problem again this year. In 2009, the State of Florida cut billions of dollars to try to make ends meet, and may have to cut a billion more for 2010, even though the 2009 cuts were considered to be “down to the bone.” Social services officials and volunteers are begging the legislature not to cut even more of their funding for 2010.

In Bartow (Polk County, Florida), representatives from juvenile crime prevention agencies and groups that work with special needs children, the ill, the poor, and the educationally disadvantaged appeared before the Polk County delegation to ask for no budget cuts. They argued that they need the money more than ever in order to help those in need. They told stories of children and teens they had helped have better lives, of drug addicts and delinquents helped by their programs, and talked of the difficulty of struggling under growing caseloads with dwindling funds. They are likely to be unsuccessful in their attempts to keep their budgets intact.

You can read more about budget cuts for special needs and other social programs in Florida at Cuts May Bleed Social Programs.

The March of Dimes recently released its “Premature Birth Report Card.” Florida was awarded an F for its percentage of early deliveries. There were 17 other states that also received an F grade for the percentage of early deliveries. Deliveries that are considered early include naturally-occurring pre-term births as well as elective Cesarean Sections and early inductions.

According to the organization, the United States, as a whole, received a D. The March of Dimes would like to see the number of early births cut in half. To do so, the March of Dimes has suggested that healthcare providers focus on the three major factors that lead to early birth: smoking, elective birth before 39 weeks, and lack of health insurance coverage. Elective birth is particularly exasperating for researchers, because it represents mothers and doctors deliberately deciding to deliver a baby before the baby is due, usually to accommodate the doctor’s or the mother’s schedule.

Cutting back on the number of pre-term births helps the baby live a healthier and happier life according to medical researchers and providers; every extra day a baby stays inside its mother helps it develop its brain and makes it more likely to be healthy at birth. That can prevent future learning problems, which helps not only the family but society as well. Nine months is such a short time in a person’s life. Expectant mothers should follow their doctor’s advice and educate themselves on how to make sure their baby is as healthy as possible. Read more about the report card from the March of Dimes at Florida gets F on early births.

According to the United States Bureau of Labor Statistics, nearly 62 million people volunteer at least one day a year. Those volunteering to work with the elderly, children or the disabled persons are likely to be screened for “red flags” in their criminal history, such as convictions for drugs, violent crimes, sex crimes and child abuse. The ability to use national criminal history checks to screen out volunteers with certain types of criminal records has been made possible by the National Child Protection Act, signed into law by President Bill Clinton in 1993.

In Florida, a state law requires schools to check volunteers against the sexual predator and offender database. A proposed law would also require youth sports organizations to check the backgrounds of coaches and referees. Some Florida volunteers who have been turned away from positions have hired a lawyer and plan to argue that the background checks violate their rights to privacy.

Checking someone’s background only costs few dollars. That seems like a small price to pay to be able to ensure parents and caregivers that their loved-ones will not be in the care of a person with a known or reported criminal history.

Read more about national laws and policies for criminal background checks on volunteers at Volunteers screened before working with children, elderly.

This past April, seven-year-old foster child, Gabriel Meyers, apparently committed suicide after taking prescribed psychiatric drugs. The death has caused a debate that is slowing the flow of prescribed medications to children in state care in Florida.

After the child’s death, the Florida Department of Children & Families (DCF) launched an investigation into his death, and found that many foster children were taking medications without the proper consent forms in place. Lawmakers have vowed to create new laws to try to prevent the overuse of drugs by foster children. Fear of an increased suicide rates among children taking psychotropic drugs has prompted the FDA (Food and Drug Administration) to put a black box warning on them.

Child advocates approve the recommendation of getting the proper consent, but worry that slowing down or stopping treatment for troubled children could lead to more problems. In some instances, a foster child's behavior that is not controlled by necessary medication may make it more likely that they will be rejected by foster families who do not know how to deal with these children.

Alan Abramowitz, director of DCF’s Family Safety Program Office, said that physicians with any questions about a prescription should contact his agency.

Read more about this story at Florida foster kids slower to get medications now.

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

A special vaccine court recently ruled against parents seeking compensation through the Vaccine Injury Compensation Program. It was estimated that more than 5,000 claims were filed by parents and caregivers seeking compensation for damages related to Autism that were allegedly caused by Thimerosal-containing vaccine. The court concluded that the scientific evidence overwhelmingly did not support the claims of the parents on behalf of their children. Litigation on related issues continue. Nonetheless, the ruling in this case was a disappointment to families seeking compensation for injuries that, according to the families, their attorneys, and expert witnesses, were related to vaccines.

You can read more about this story at Court Rules that Vaccine is not Linked to Autism.

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.

Phyllis Musumeci is the founder of Florida Families Against Restraint and Seclusion and the National Families Against Restraint and Seclusion. Phyliss is also a mom on a mission to end restraints on special education / special need students. Unfortunately, many special education law students including those with autism, ADHD, cerebral palsy, and other disabilities, are unduly restrained in public and private schools in Florida and the rest of the United States. Phyliss was asked to speak by the National Disability Rights Network in Washington, D.C. A new report on the issue of restraints and seclusion of special education students show widespread use in public schools throughout the nation. Some child rights and education rights advocates believe that the restraints amount to abuse and neglect of these students. Furthermore, the use of these restraints often times causes serious personal injuries and the wrongful death of special education students.

Under Florida law, school officials can restrain a special education student who is deemed to be a danger to themselves or others in the school environment. Muscumeci and others believe that Florida law is too vague and that children are often restrained when there is no danger at all to themselves or others. In public schools, some students are restrained for convenience of the teacher or staff rather than for the safety and welfare of the student. You can read more about Phyliss Muscumeci's efforts and the problems of restraints of special education students at Child Advocacy Groups and Mom Seek to End Restraints of Special Education Students in Florida and Other States.

Special needs students in public schools have every right to be educated and supervised based on these special needs. Close and consistent supervision are key ingredients to the safety and welfare of these students. A tragic sexual assault took place at the Kanapaha Middle School in Gainesville, Florida. While a teacher stepped out of the classroom leaving no other teachers or school staff in place for supervision, a 14 year old special needs child was raped. In fact, one boy raped the girl while another held her down. These criminal acts took place while in the Alachua County School System during the school day during day light hours. Certainly, this reprehensible act of violence and abuse of the 14 year old girl would never have happened with a teacher or other adult the classroom. The Alachua County School District is liable for the actions and inactions of its teachers. While the teacher did not want this event to happen, the teacher negligently created an unsupervised environment that the incident did happen. Under Florida Statutes, the Alachua County School Board can be placed on formal notice for negligence and related damages and personal injuries. Then after the expiration of the formal notice period, the Alachua County School Board can be sued.

It is unfortunate that the school, school board, and teacher learned a lesson out of this tragedy. That lesson is that 10 minutes of missing or neglectful supervision can leave to a traumatic event that a 14 year old girl will need to live with for the rest of her life.

You can read more about this story at Alachua County (Gainesville) Florida Special Needs Child Raped in Classroom by Another Student.

Corporal punishment is still utilized in several Florida school districts and in Florida day care and child care settings. I personally and professionally do not believe in the use of corporal punishment. Whether there is a resulting injury or not, corporal punishment often times leads or causes emotional injury and unacceptable fear in children. Pursuant to Florida Statute Section 39.01, corporal punishment may be considered excessive if it leads to any of the following child injuries or harm:

Sprains, dislocations, or cartilage damage;

Bone or skull fractures;

Brain or spinal cord damage;

Intracranial hemorrhage or injury to other internal organs;

Asphyxiation, suffocation, or drowning;

Injury resulting from the use of a deadly weapon;

Burns or scalding injuries;

Cuts, lacerations, punctures, or bites related injuries;

Permanent or temporary disfigurement;

Permanent or temporary loss or impairment of a body part or function; or

Significant bruises or welts.

You can read this statute and related definitions at the Official Florida Statutes Web Site.

A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

Do Florida children with ADHD (Attention Deficit Hyperactivity Disorder) qualify for Special Education under IDEA (Individuals with Disabilities Education Act)? Like many legal questions that I face as a child rights attorney every day, the answer is "it depends". ADHD is not particularly listed as one of the conditions that could qualify a child / student for Special Education under IDEA. These conditions include the following:

Autism
Hearing impairment (which includes deaf children)
Visual Impairment (which includes blind children)
Mental Retardation
Serious emotional disturbances
Traumatic Brain Injury (TBI)
Orthopedic and related physical impairment
Special learning disability
Other health impairment

The United States Department of Education did add ADHD as a condition under "Other health impairment" as noted in the Children with ADD/ADHD -- Topic Brief in March 1999. However, a parent must show that the ADHD alone or the ADHD combined with other noted conditions produces a need on the part of the child for Special Education.

Florida School Districts / School Boards have home pages on the internet. When you have a problem with a School District / School Board, it is helpful to read through the School District / School Board site and the School Board Rules. The Florida Department of Education has a Public Schools / District Home Page that has a listing for each county / district / school board in the State of Florida.

Administrators and School Board should be familiar with the rules / regulations and these rules / regulations should be followed the the school, administrators, teachers, and the district. Many disputes can be handled with a simple telephone call or conference with the teacher, administrator, or principal. Some disputes, problems, and issues require more formal action and consideration. These include issues dealing with Special Education, IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Plans). As parents, we should educate ourselves as to the the local, State, and Federal rules / regulations to the best of our ability. Parents should serve as the child's advocate in a positive way as should the local school, teachers, administrators, principals, and the district. Before contacting teacher, administrator, principal, or school board, think through the problem. Educate yourself on the local school and school board rules and regulations. If necessary, contact a Special Education lawyer to consider your child's legal rights within the school system and the school's legal responsibilities.

Having a deaf child in the Florida school system can be a wonderful mainstream experience for your child. Then again, it can be most frustrating if the school does not take measures to properly educate the deaf child and provide necessary resources to insure the success of your deaf child in the school system. I reviewed an extensive study and article on the subject of Deaf Children and IDEA (Individuals with Disability Education Act) that was linked at the American Society for Deaf Children Web Site. Parents of deaf children often times arm themselves with education and studies in order to promote and advocate for their child's educational needs and best interests. Often times, parents need help from a Special Education Attorney ready, willing, and able to enforce of the rights of the deaf child under IDEA and related laws. Addressing the educational needs of a deaf child and other special needs children in a timely, professional and effective manner is paramount to the child's educational as well as social growth and maturity. It is also the law.

I am often asked the question, "I need a Lawyer to represent my child's educational needs before a School or School Board. What kind of Lawyer / Attorney do I need?" This is an excellent question. Frankly, Florida Personal Injury Lawyers are easy to find. Watch television or look in the yellow pages. Special Education lawyers / attorneys are not so easy to find. It is helpful to find a Special Education Lawyer in your geographical area. In North Florida, you would look for an attorney in Jacksonville, Orange Park, Jacksonville Beach, St. Augustine, Green Cove Springs, and the surrounding areas. Getting a school and / or school board to educate your child and provide the services required by law can be quite challenging. If necessary, the Special Education Lawyer can request an administrative hearing and get an order to require the school to comply with the applicable federal and state laws regarding your child's educational needs.

Every school district has the legal duty to comply with IDEA (Individuals with Disabilities Education Act). Children that may qualify for special education under this federal law include children with mental retardation, hearing impairment (which includes deafness), visual impairment (which includes blindness), serious emotional disturbance, autism, traumatic brain injury (TBI), special learning disability, or other health impairment.

If you need a Special Education lawyer, contact Wood, Atter & Wolf, P.A., a laws firm "On Your Side - At Your Side."