Florida Child Injury Lawyer Blog

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.

The disappearance of two year old Caylee Marie Anthony has been the subject of many headlines since the girl went missing from her home last June. Caylee’s mother, Casey Anthony, has been charged with killing her own child, but Caylee’s grandparents have insisted that the girl was kidnapped by a babysitter. Recently, a plastic bag containing a child’s bones was discovered by an Orange County, Florida utility worker only a few blocks from Caylee’s home, which she shared with her mother and grandparents.

While the identity of the victim has not been confirmed, the bones are strongly believed to be Caylee’s due to their proximity to her home and the fact that no other young children are believed to be missing in Orange County Florida. The bones were not found earlier because the area where they were found was flooded by record summer rains at the time when the massive search for Caylee was underway. DNA tests will confirm whether the bones are Caylee’s in a few days.

Casey Anthony is being held at the Orange County Jail on first degree murder charges and is not eligible for bail. Her trial is set for March. To read more about the discovery and the background of the case, visit Is It Caylee?

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.

Hayli Murphy was given two H1N1, or swine flu, tests after she became ill a few weeks ago. Both of the tests came back negative, but Hayli did have the H1N1, and it almost killed her. Hayli was sent home from the emergency room after her first H1N1 test came back negative. The next day, after her fever climbed to 104 degrees, Hayli’s mother took her back to the emergency room, where a second test also came back negative. They diagnosed pneumonia and gave the girl antibiotics.

The next day, Hayli was so weak that her mother had to carry her back to the emergency room, where she was finally admitted and given Tamiflu; unfortunately Tamilflu is most effective when given within forty eight hours of the onset of flu symptoms. Once she was admitted, a more sophisticated test that takes days for results showed that Hayli really did have H1N1. She spent forty three days in pediatric intensive care at Children’s Hospital of Southwest Florida with her lungs nearly destroyed by the virus.

The chairman of the pandemic influenza task force for the Infectious Diseases Society of America, Dr. Andrew Pavia, believes that doctors are relying too heavily on quick H1N1 tests, overlooking a patient’s actual symptoms if the test comes back negative. He says that the tests are cheap and fast, but “they’re not terribly accurate.” He referred to studies of the rapid tests that show that 50% of negative results are false. Companies who make the tests say that doctors should use the results with care, proceeding with more advanced tests if the rapid test gives a negative result but the flu is suspected. The Centers for Disease Control and Prevention recommends antiviral medications if the patient is severely ill, is deteriorating rapidly or belongs to certain high-risk groups even if the rapid flu test came back negative.

Get the full story about Hayli and her illness at Flu Test Wrong, Girl Almost Dies.

Juan Carlos Rivera, age 17, was stabbed to death in a South Florida high school hallway last September. At the time, not many details were released. Andy Rodriguez, age 17, has been arrested for the fatal stabbing, and police and prosecutors are now reporting more details of the crime.

According to prosecutors, Rodriguez took a knife to school because Rivera had given him a dirty look. Rodriguez told investigators that he and Rivera later bumped elbows in the hallway, prompting him to stab the other teen with a box cutter. In a video statement released by prosecutors, Rodriguez admitted that he stabbed Rivera in the side with the knife. The statement also included school surveillance tapes, witness transcripts, police reports, and the autopsy report on Rivera. According to the autopsy, Rivera was stabbed five times, including a fatal stab to his heart.

The surveillance tapes show Rodriguez running away from the scene in a bloody shirt. Rodriguez's attorney has stated that his client was threatened by Rivera and believes that his client has a solid self-defense claim. Rodriguez himself has no criminal history, but police records indicate that they have responded to domestic violence calls to his home on numerous occasions, at least one including a report of a knife fight including several family members. Rodriguez has been charged with second-degree murder, and has pleaded not guilty.

It is very sad that a young person's life was cut short due to senseless violence. Teens settling matters with fists, knives, and / or guns has become all too common in our schools. When children have a problem at school or with others, it is vital that they feel comfortable to seek advice from parents, elders, and mentors. Revenge for a dirty look is not worth the loss of a teen's life, or the consequences to be paid by the guilty party. Read more about this tragic teen stabbing at Police release statements in school stabbing case.

The school board of Miami-Dade County will soon be discussing a proposed rule that would ban school bus drivers from texting while on the job. Under the new rule, drivers would still be allowed to carry cell phones, Blackberries, or other communication devices, but would be limited to using them in case of an emergency. If approved, the rule would affect any employee of the Miami-Dade school system while they are driving a district-owned vehicle. The measure also requires that a hands free device be used for any phone calls while driving.

Texting while driving is undoubtedly dangerous. Driver distraction caused by electronic devices is unfortunately a growing trend that can lead to automobile accidents, serious personal injuries and wrongful death. It is a shame that adults cannot simply use common sense and pay careful attention while operating a moving vehicle. As a child safety advocate, I support rules and legislation that will protect innocent lives on the highways. The price of wating a few minutes to send or read a text message is more than worth the cost of preventing potential injuries and lost lives.

Read more about the proposed ban on texting school bus drivers at Board considers texting ban for school bus drivers.

In Florida and other States, homeowners have a right to bear arms. While there is a right to own gun, there are also responsibilities that go along with gun ownership. In particular, the gun should be stored in a safe and secure location away from the reach or access by young children. Furthermore, gun owners should take all necessary precautions to make sure that the gun is not fired in the home except for instances involving self defense. In South Florida (Cutler Ridge), a 14 year old girl was accidentally shot to death according to a story reported at the The Miami Herald Newspaper Website and the Florida Times Union Newspaper Website. The bullet hit the child in the head. The girl was transported by emergency helicopter to Miami Children's Hospital but rescue efforts were unsuccessful in saving her life.

Police detectives and crime scene specialists will investigate this incident to determine the following matters:

Was the gun registered?
What type of gun was involved in this incident?
Who was the registered owner of the gun?
Why was the gun being handled at the time of the shooting?
What safety devices were available on the gun?
Who last handled the gun prior to the shooting?
What was the child doing prior to the shooting?
Were there witnesses to the incident?

When a child visits a home, it is the responsibility of the homeowner to provide a safe and secure environment for the child. Tragically, incidents like these do happen and will continue to happen in the future. You can read more about this story at South Florida Teen Accidentally Shot in Head in South Florida (Cutler Ridge).

Angela Stone’s daughter, Shelby Taylor Hagman, was killed in a drunk driving accident in Hernando County, Florida in 2007. She was riding in a minivan with her grandparents, Larry and Deborah Wynn of Brooksville, Florida, when Christopher Marcone ran a stop sign and crashed into their car. Marcone pleaded guilty to DUI manslaughter and three related charges and is currently serving 13-years in prison.

Angela Stone then filed a civil lawsuit against Marcone for the death of her daughter. She has said that she does not have any hope of collecting a settlement from Marcone, but she is not doing it for the money; the lawsuit is an effort to send a message to would-be drunk and reckless drivers.
A jury of six women awarded Stone the one of the largest verdicts in Hernando County history, and possibly in the state of Florida - $55 Million in compensatory damages and $275 Million in punitive damages. Stone is also suing Kia Motors Corp. and a local auto dealer who sold her grandparents the minivan they were driving on the night of the accident. She claims that a defective seat belt in the Kia minivan also contributed to Shelby’s death.

In Florida, there is no cap on punitive damages in cases involving intoxicated defendants. As this case shows, drunk drivers who kill or harm others face not only legal but financial repercussions. While punitive damages, especially won from an incarcerated person of little means, are rarely paid to plaintiffs, they do make for great headlines. And those headlines can send a strong message to drivers everywhere.

Find out more about this story at Hernando jury awards mother $330 million in drunken-driving death of teen.

In Daytona Beach, Florida, a teen was stabbed at an amphitheater over a fight involving text messages and a girlfriend. As a result of this meeting / fight, the teen, 16 year old Robin Munsch, died. Police charted Raymond North (age 23) with first degree murder and charged Carl Bech and Dallas Mobbs as accessories to this crime according to a story posted at the Orlando Sentinel and Florida Times Union websites. A young person's life was ended short due to senseless violence. News reports did not indicate very many details of the crime; however, it is clear that the senseless death and injuries could have been avoided. Settling matters with fists, knives, and / or guns is not a solution at all. When children have a problem at school or with others, it is vital that children seek advice from their parents, elders, and mentors. The best advice for this situation would have been to stay away from the amphitheater and let time pass over this matter. Neither a girlfriend, insult or pride are worth the loss of a teen's life.

In Florida and other States, driver distraction is not just a passing problem or fad . . . it can also lead to serious personal injuries and wrongful death. In particular, texting while driving is a real danger to anyone on or near roadways in the State of Florida. Some Florida legislators as well as organizations like AAA (American Automobile Association) are recommending legislation that would ban texting while driving on Florida roads and highways. As a child safety advocate, I support such legislation. Texting while driving is undoubtedly dangerous. You can read more about this topic at Florida Could Pass Legislation to Ban Texting While Driving.

Clay County Florida Sheriff Rick Beseler is seeking help from the public to catch a child killer. Law enforcement authorities and the community are seeking information that will lead to the capture / arrest of the killer of 7 year old Somer Thompson. The killer could be living right in Orange Park or Jacksonville. Nothing can bring this innocent 7 year old back to her family and friends. Hopefully, justice will prevail and the killer will be caught and punished for this horrendous and unforgivable crime. You can read more about this story at Police Seek Help to Catch a Child Killer.

Tragically, the national spotlight is shining right near my home town of Jacksonville, Florida. Orange Park, Florida is just one county over and basically is part of the Greater Jacksonville area. Somer Thompson was just 7 years old when she died. A memorial service was recently held to commemorate her short life and, yes, her tragic death. Currently, investigators are fielding calls and leads. In addition, investigators are interviewing and re-interviewing potential witnesses, family members, and any others with information regarding the disappearance and death of the child. Some of the evidence will come from the landfill in Georgia where Somer's lifeless body was found. It will be interesting to see what the investigation will uncover as to the death of this child. Among the questions that come to mind are the following:

What forensic evidence was revealed through the autopsy?
What external marks, bruises, or lacerations were caused pre-mortem or before death?
How did the dumping of the body affect the autopsy?
How much of the garbage will investigators analyze?
Can investigators and technicians pinpoint where the body was picked up by the garbage collectors?
Do the police have any prime suspects at this time?
Do the police have any suspects at all at this time?
Did anyone have a motive to harm this child?
What timeline have the police and investigators pieced together from witness statements and other evidence collected on this matter?

The death of Somer Thompson garnered national attention and press. Hopefully, this attention and press will result in some good by bringing whoever ended the life of this young child to justice. Anybody with information regarding this case should immediately contact the Orange Park (Clay County Sheriff's Office). You can read more about the Somer Thompson's Memorial Service at the Florida Times Union (Jacksonville) Newspaper Website.

Victor Steen, 17, of Pensacola, Florida, died after being run over by a police car while being chased on his bicycle. The incident began when Officer Jerald Ard saw the boy around 2 am in a construction site. When Steen fled the scene on his bicycle, Ard pursued him in his police car. During the chase, Ard attempted to stun the teenager with a taser. Some time during the chase, Steen crashed his bicycle in the path of the police car and was run over.

Even though it does not appear that Steen was stunned by the taser, the incident has raised interest from a national civil rights group, which advocates a national stun gun policy. The group, Southern Christian Leadership Conference, said that it will release a report in December that shows that 400 people have died from stun gun incidents. In response to concerns, the Pensacola police department changed its policy from “reasonable use” of stun guns to prohibiting shooting a stun gun from or at a moving vehicle.

Th Florida Highway Patrol and the Florida Department of Law Enforcement are investigating Steen’s death. Officer Ard has been placed on administrative duty. It will ultimately be up to the Florida attorney general to decide if charges will be filed in this case.

Find out more about this teen’s tragic death at Deadly chase brings new look at stun gun use.

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.

In Middleburg, Florida and other parts of Florida, all drivers should exercise due caution when driving near school buses. Children are at risk for personal injuries in school bus accidents. While most school buses are large and yellow or orange in color, many drivers on Florida roads still fail to notice or yield to school buses. Not only is this dangerous to children - it is also quite dangerous to any driver / passengers crashing into the typical school bus which is a large and heavy vehicle. A tragic accident took place in Clay County Florida when a Pontiac sedan failed to stop as a school bus was turning. Two people died as a result of the accident and at least four children were treated for non life threatening personal injuries. You can read more about this accident at Fiery Crash in Middleburg, Florida Involves School Bus.

Despite the dangers of serious personal injury and death, people continue to ride in the back of pick up trucks in Florida and other States. In Jacksonville, Florida a pregnant women recently was killed in a pick up truck accident. Virginia Nicole Liming, age 19, was riding in the back of a pick up truck at the time of the crash. The force of the crash caused her to be ejected. Virginia was 7 months pregnant at the time of of truck accident. Both Virginia and the unborn child she was carrying died as a result of this accident. This truly is a tragic end to a young woman's life as well as her child.

Of course, Virginia was not at fault for the truck accident itself. She was not driving. As such, she cannot be blamed for the truck accident taking place. Safer driving by the truck driver may have prevented the truck accident.

Another tragic accident involving a pick up truck also resulted in death in Jacksonville, Florida. The driver in this prior pick up truck accident was recently charged with vehicular homicide. (See Pick Up Truck Driver Charged with Crime for Deaths of Passengers in Pick Up Truck). Pick up truck accidents are especially dangerous to passengers riding in the back of the pick up trucks without restraints or other protective devices in place. The risks of ejection form the pick up truck bed are especially high. These risks often times result in serious personal injuries including head / brain injury and death.

You can read more about this story at Pregnant Woman Dies in Pick Up Truck Accident in Jacksonville, Florida.

The St. Petersburg (Florida) Times recently reported that the deaths of two small children who were left in a hot car were accidental. The children were taken to a Tampa hospital with unusually high body temperatures. The children (Zionna Ervin - 18 months old - and Kaden Warren - 5 months old) both died at the hospital. These tragic deaths could have been avoided if their father (Michael Ervin, Jr.) had taken the time to remove the children from the hot car. Leaving small children in a vehicle unattended for any reason is unacceptable and dangerous. In addition to the dangers created by unusually hot or cold weather, children are at risk for other injuries, wandering away, and abduction when left in a vehicle. You can read more about this story at Autopsy Confirms that Deaths of Children Left in Car Were Accidental.

This Article was posted to the Florida Child Injury Lawyer Blog.

In South Florida, the school year has commenced with violence and the death of a 17 year old student (Juan Carlos Rivera). Information and details are general so far in news report as to why and how this fight or attack took place. The Associated Press has reported that one student stabbed another student in the courtyard of Coral Gables High School. Many questions and issues come to mind regarding incidents of this nature:

Did the student who attacked Juan Carlos Rivera have a history of violence?

Was there any time or notice for school officials to act to prevent this violence?

What supervision if any was present in the area of the attack?

What was the weapon used? How was the weapon brought into the school?

Did the attack take place during a break or during a scheduled class?

Who witnessed the attack?

It is quite unfortunate for Juan Carlos Rivera, his family, the school and the community that a life was lost to violence. Apparently, the alleged attacker was taken into custody but no further details regarding the attacker were released. You can read more about this story at Fight at Coral Gables High School Leads to Death of 17 Year Old Student.

In Jacksonville (Bartram Park Boulevard), Florida, a tragic pick up truck accident took place on July 27, 2009. The driver (Joel David Stauder), age 19, was recently arrested and released on bail. Investigators / law enforcement officers determined that the deaths resulted, in part, from the fact that the occupants were unsecured in the bed of the pick up truck.

It is common to have people including children travel in the back of pick up trucks in Florida and other States. While it is quite common, it is also very dangerous. This is evident when there is a pick up truck crash with associated injuries and deaths. Passengers are at serious risk for personal injuries including head injuries and fractures when there is an accident.

You can read more about the arrest of Joel David Strauder at Driver Arrested for Pick Up Truck Crash.

In Jacksonville, Florida, a jury recently convicted Syna Lim, a 41 year old babysitter, who was accused of beating a 2 year old girl under her care with the handle of a fly swatter. The criminal defense attorney representing Ms. Lim argued at trial that someone else caused the injuries to Amara Ou of St. Augustine, Florida.

Following the personal injuries / death of the child, an investigation was conducted by the Jacksonville Sheriff's Office, the Florida Department of Children and Families and the Child Protection Team.

Child abuse and neglect does result from improper and dangerous punishment techniques by parents, caregivers, teachers, day care workers, and child care providers. I believe that the use of physical punishment or corporal punishment is an archaic and frequently abused method by adults who do not want to take the time to counsel their children. Beating a child does not teach a child anything but violence.

You can read more about the conviction of Syna Lin at Mandarin Babysitter Convicted of Murder for Death of 2 Year Old Girl.