Boston Child Brain Injury Blog

The Importance of Protecting Your Child’s Injury Settlement

When you’re trying to choose a child brain injury lawyer in Boston, Massachusetts one thing you’ll want to think about is how the lawyer plans to structure your child’s potential settlement, in the case an agreement or judgment are reached in your favor.  

If a settlement is reached, then the party responsible for your child’s head injuries will have to pay compensation to you in the form of damages. This compensation can cover everything from medical expenses to the pain and suffering your child has experienced from their injury. 

If you get a settlement offer, you’ll want a child brain injury lawyer in Boston who knows how to allocate that money to stretch it as much as possible for your child’s long term needs. 

In the case of a child head injury, your son or daughter may be eligible for Social Security, Medicaid and other federal benefits. A knowledgeable child head injury lawyer in Boston will know how to divide up your child’s settlement money to maintain eligibility to federal benefits. 

There are several ways to do this, including: 

  • structured settlements – damages are paid to the victim in set installments throughout the course of months or even years.
  • trusts; and
  • annuities. 

Ask the attorney early on how he or she would protect your child’s settlement. This will give you a good impression of the Boston child brain injury attorney’s knowledge base as well as prior success in child head injury cases. 

You can learn more about how to choose the right Boston child brain injury lawyer for your case by visiting our article library.  

When to Contact a Boston Child Brain Injury Attorney 

If your child has suffered serious injury because of the negligence of another, order this complimentary book, Dealing with a Nightmare: The Essential Steps to Take if Your Child Suffers a Serious Injury. The Boston child injury lawyers at Kiley Law Group serve clients in the greater Boston area and will advocate for fair compensation for your child’s injuries. For a no-cost evaluation of your child injury case, contact us today at 800-930-8145.

Drowning Deaths Reviewed as Swimming Season Ends

At the start of this month, the U.S. Consumer Product Safety Commission (CPSC) and the Home Safety Council (HSC) joined together with Pool Safely to review how this past summer compared with previous swimming seasons in regards to fatal and non-fatal drowning cases.  Their report is “The 2010 Pool Safely Summer Snapshot on Pool Safety in the United States.”

During this summer, 172 children under the age of 15 died from drowning across the nation.  This number falls below the average, but it is still quite high.   There have also been approximately 200 incidents that involved submersions and near-drowning but did not result in any deaths.

The average for drowning deaths during the years 2005-2007 was 385.  This average accounted for all four of the seasons, not just summer, and focused on children only aged 15 and younger. 

A CPSC report out earlier this year informed us that between 2007-2009 there were over 4,000 “submersions” that involved children up to age 15 who needed emergency medical treatment.  Toddlers aged 12-35 months made up about half of all of these injuries.

Drowning fatalities occurred most often at a residence, either in the family pool or a neighbor’s pool down the street.  This average has decreased over the past five years.  From 2005-2007, the fatalities at residences held at 74 percent, while 2007-2009 that percentage dropped to 54 percent. 

73 percent of the total drowning fatalities that were reported occurred on the very same day, while 23 percent reported the near-drowning or submersion during the same week. 

Tragically, only four percent of drowning fatalities survived over a week after the initial incident. 

As classrooms fill up once again for the start of the school year, kids in warmer climates will certainly still be swimming and parents will still have to continue to be constantly vigilant by the pool. 

One of the key safety reminders that the CPSC Chairwoman Inez Tenenbaum, and HSC president Meri-K Appy encourage is being prepared, and while this may sound basic in theory, it’s especially significant. 

They advise parents to have rescue equipment on hand and ready to be used—not stored in the shed in the corner of your yard—and to also have your cell phone or a cordless phone with you at all times, in the event you need to call 911. 

Parents should consider taking a CPR class, if they aren’t trained already, and think about signing your kids up for swimming lessons if they haven’t been professionally or sufficiently taught important swimming techniques (treading water, to name one). 

For more safety tips and reminders while you and your kids are in the water, feel free to check out Pool Safely‘s website.

Child Injury Overview

 The Centers for Disease Control and Prevention has compiled a list of informative sites when it comes to child injuries, in an effort to provide educational resources across the Web on this issue.

Both accidental and intentional injuries inflicted on children are a sad reality, and one of the CDC’s main goals is to put an end to children getting hurt.

Child abuse and neglect are incredibly widespread, with child protective agencies of all levels inundated with eye-witness reports and concerns that a child is in harm’s way.  Most of the time the child knows who is hurting him and the abuser can range from his own parent, babysitter or neighbor.  If a child doesn’t receive the proper intervention, there is a greater risk for depression, substance abuse, and other concerning health issues.

 Car accidents are the number one public safety concern when it comes to injuries and deaths among children.  You can look over these great safety tips when travelling with kids in the car.

After car accidents, drowning comes in a close second as the next leading cause of injury and death for children up to age 14.  Even though school will be starting up before we know it, there still is time to review basic water safety guidelines with your kids.

Another worry is with playground-related injuries.  The CDC reports that “more than 200,000 children ages 14 and younger” are medically treated in U.S. emergency rooms annually.  If you want some safety tips on playground safety, check out this site for some helpful reminders.

Children who can get a hold of poisonous liquids and materials are at risk for accidental poisonings.  Contact your local Poison Control if you suspect your child consumed something she shouldn’t have.

The CDC also estimates that there are 400,000 emergency room trips for “traumatic brain injuries,” from toddlers to teens.  Check out one of our recent posts on head injuries and what to look out for if your child experiences one.

While the CDC continues to work hard to prevent child injuries, you can do your part and follow some of the above links for tips that will help keep your child (or a child you know) as safe as possible.

Tragic Case of Child Abuse: Mother Beats 13-Month-Old Son to Death

A dismal development has made headlines in the case of a baby boy’s death.  The mother, 23-year-old Christina Hancock, was arrested yesterday for beating her own 13-month-old son to death on May 12 at their home in Acton, Massachusetts.  She was charged with first-degree murder and is currently being held without bail.

An autopsy confirmed that Kaydn had suffered serious bodily harm and that he hemorrhaged and bled internally.  In addition to the fatal injuries that were discovered, one of Kaydn’s arms had been broken in March, yet the mother did not have her son medically treated.

Since the day of his death, Massachusetts State Police have been investigating the case, as they were suspicious of Hancock’s initial story.  She had told them that her son had fallen to the floor from his crib and injured his head.  Once the autopsy had been conducted, it was clear what Kaydn had traumatically experienced.

In the news story, it is pointed out that Hancock has another child, a 2-year-old daughter.  It is not clear if the state’s Department of Children and Families has taken custody of the toddler at this point.

The only consolation in this horrific story is that anyone who witnesses or suspects that a child is being abused or neglected can take action.  If you are concerned about the welfare of a child you may know, here are some ways to help: 

- You can contact your state’s social services or child welfare office.  Here’s a listing for those offices across the nation

- They will ask you questions in an intake to gather basic information on what you know about the child, the parent(s), or the guardian and what you have witnessed, heard, or suspected and who you believe is responsible for the maltreatment

- From here, the agency will conduct an investigation based on the concerns you reported and then carry out an assessment of the family

If we can report child abuse or neglect when we see it, maybe that will help in preventing another tragic case like this.

6 Teens Who Couldn’t Swim Drown in Lousiana

The past few months have been overflowing with reported cases of children drowning across the nation.  Will it take the summer to end for these incidents to stop?

It’s been article after article of staggering sadness and loss, with children as young as age 2 drowning to death.  In the following news story, we have even more victims.

This past Monday, August 2, six teenagers drowned in a river in Shreveport, Louisiana.  Their ages ranged from 13 to 18 and not one of the five boys and one girl knew how to swim.  They had fallen into a sinkhole nearly 20 feet deep after stepping from a ledge in the water of the Red River.

It was reported that they had all drowned trying to save one another from the water.  Another teenager who had fallen in was rescued, but the six others could not stay afloat to be saved from the sinkhole.  It was stated in the article that only one life preserver was on hand.

First responders had received a call about a single person in distress in the water, but when emergency personnel had arrived on scene, they realized that there was more than just one person in need of help.  Members of dive teams from area fire departments began their search for the teens and only were able to recover the first victim an hour later.  Several hours later, all six teenagers were pulled out of the water.

Families and friends had gathered at the river for barbequing and fun in the late afternoon sun.  Once the teens’ cries for help rang out, there was nothing that any of the bystanders could do because none of them knew how to swim either.  While the area of shallow water the teenage victims had been in was known to them, one of them had wandered off to the area that led them all to the sinkhole.  From there, it was a chain reaction, a domino effect that led to six deaths.

The magnitude of this loss is truly unimaginable. 

Here are a few reminders about how older kids and teenagers can be safest in and around the water.

It’s recommended for teens and older kids to venture into the water where they can be supervised by a trained lifeguard.  If you’re unfamiliar with a new area in a lake or ocean, it’s best to stay in known and protected areas only.  Nobody can truly know when currents may change, out of sight hazards suddenly appear, or riptides crop up.

The National Injury Prevention Foundation reports that 5,000 children age 14 and under are hospitalized every year from nearly drowning and 20% of that number will experience serious and life-long disabilities, while 15% will die in the hospital.

Because these figures are so overwhelmingly high, the daunting task for parents and lifeguards across the nation is to lower them. 

There’s still time left this summer to prevent more children from becoming part of those percentages.

7-year-old Drowns in Resort Pool

Another child’s name, Cedric Brown, will be added to the list of deadly drowning statistics for this summer. 

The 7-year-old boy from Newark, New Jersey, drowned in 3 feet of water on July 25 in one of the many pools at the Sea Mist Resort in Myrtle Beach, South Carolina.  It was reported that the Brown family was staying at the resort for a family reunion.

On that somber Sunday afternoon, Cedric was seen at the bottom of the pool, face down.  His 12-year-old cousin was able to get Cedric out of the water while the cries for help flooded the pool area.  Lifeguards at the resort gave the boy CPR and EMTs took over the resuscitation efforts when they arrived on the scene.

 Cedric was then transported to an area hospital and later pronounced dead.  

The deputy coroner of the county said, “It’s a sad situation.  Accidents can happen so quickly.”  And while this is certainly the case, there are some key reminders to take into account while you dive and dog-paddle in the cool, pool water.

Even if your child took swim lessons and passed his classes with flying (or swimming) colors, this won’t make him invincible against the water. 

Knowing how to swim shouldn’t let your older child assume that she can swim anywhere, anytime, or without anyone.  Older kids are still at risk of drowning because they may misjudge how far they can swim or think that the water is deeper than it is when they cannonball into the water.

And while it may relieve some parents to know that their older kids can finally swim without them by their side, a parent’s job is never done when it comes to being safe in the pool or at the lake.  Parents who are the least bit distracted while their kids are in the water raise the risk of them getting hurt or drowning, and these distractions can be anything: catching up on phone calls, cleaning up around the pool area, or getting towels from the patio nearby.

Summer’s clock is still ticking, which means that there’s enough time to put these tips to use around the pool.

Developments in Drowning Deaths of 4-year-old Twins

New developments have floated their way to the surface in the weekend drowning deaths of 4-year-old twin girls, Lindsey and Leslie Bonsu, of Brockton, Massachusetts.

Three years ago, Lindsey nearly drowned in the very same pool.  On August 9, 2007, Lindsey’s mother, Prudentia, had been watching her children outside in the backyard when she left them alone for a couple of minutes.  At that time, the older sister Jasmine was age 6 and the twins were age 1.  Prudentia then returned to the area where the three children had been and found Lindsey underwater, at the bottom of the pool.  The father, Gyabaa, had jumped into the water and managed to get Lindsey out of the pool to give her CPR.  Lindsey was then taken to an area hospital, treated, and released the very next day. 

In January of this year, the police were called again, only this time it was for a domestic issue between Prudentia and Gyabaa.  Neither had been arrested and nothing further stemmed from the incident.

The Bonsu family had moved to the Brockton home within the last five years, and the pool had been installed nearly 30 years ago.  They had not been using the pool for swimming this summer, if at all.  However, the pool still held about 6 feet of grimy water.

As reported in our first post about this tragedy, the Department of Children and Families (DCF), Brockton Police, and Massachusetts State Police detectives are continuing to investigate the drowning deaths of the two girls and if the parents will be held ultimately liable.

While these various authorities continue to connect the dots in this sad story, one question that hovers just beyond reach, that may not even have an answer right now, is: Why did this happen?

Update on 4-year-old Drowning Victims

A news article out early this morning has new information on what led up to the 4-year-old twin girls drowning in Brockton, MA over the weekend.

Lindsey and Leslie Bonsu were reportedly being watched by their 9-year-old sister in the family’s backyard that fateful Saturday morning.  At some point, the 9-year-old went back into the house to go on the computer, leaving the 4-year-olds outside and unattended. 

It is at this point that authorities are determining whether the twins crawled through a hole in the fence that bordered the pool and then had subsequently fallen in the water and drowned.  The fence’s door was said to have been shut and locked up. 

Even though there was water that filled the pool, the pool was not in use for swimming at this time.

When the older sister (whose name was not released) returned to the backyard, it was reported that she couldn’t see her sisters.  She then looked towards the pool and saw one of the girl’s sandals floating.  The 9-year-old ran back into the house to get her parents and her father rushed out, pulling the little girls out of the water.

While the 9-year-old had been watching her younger sisters, their parents were both inside and resting.  The parents both work in the medical field and the mother had arrived back from her overnight shift just hours before the drowning. 

The family did not have any comments to say to the public at this time.

A neighbor said of the Bonsu family, “They were always there and always happy.”

And while there is little solace in these new details, hopefully it will lead to more answers.

3 Drowning Deaths in 3 Days

By the time this past weekend came and left, it had taken three young lives with it.

All three were victims of drowning in either their own pool or a neighbor’s pool.

4-year-old twin sisters fell into the unattended pool in their Brockton backyard Saturday morning.  Lindsey Bonsu died that same afternoon and Leslie died early Sunday morning, after having been in critical condition in a Boston hospital.  Both girls were not breathing when they were removed from the in-ground pool.

While there were no details in the news article as to what led to the drownings, it was reported that the Department of Children and Families (DCF) is conducting an investigation into the deaths of the two girls.  DCF was at the family’s home over the weekend to pursue the case and determine if child abuse and neglect charges are to be filed against the parents.  There is another, older sister who was in a neighbor’s care over the weekend.  An anonymous tip to DCF had stated concerns about the three sisters as to how they were being cared for.  Both Brockton and State Police are also investigating the case.

On Friday, Rhode Island police responded to a Westerly neighborhood for reports on a 4-year-old missing boy.  Soon after their arrival, the boy had been found in a neighboring pool.  CPR was attempted and the child was taken to a local hospital only to be pronounced dead soon after.  The investigation will continue in attempts to try and piece together more information on the boy’s death. 

These two new heartbreaking cases over the past few days come just two weeks after the drowning deaths of 2-year-old twin girls in Lynnfield.  They, too, fell into their backyard pool, after managing to get in the pool area through a gate and then moving a retractable pool cover off the water.

These separate tragedies are truly serious reminders on the necessity of security around pools.  The risk is all too real for injury and death if there is even a second’s lack of attention.  Below are some shortened versions of the best safety tips to keep your child safe in and around the pool from the American Academy of Pediatrics.

  • Never leave your children alone in or near the pool, even for a moment
  • You must put up a fence to separate your house from the pool. Most young children who drown in pools wander out of the house and fall into the pool
  • Keep rescue equipment and a phone by the pool and do not use air-filled “swimming aids” as a substitute for approved life vests
  • Remove all toys from the pool after use so children aren’t tempted to reach for them
  • After the children are done swimming, secure the pool so they can’t get back into it

 Another safety measure for the pool to consider may be a pool alarm, alerting you if your child were to fall in the water and giving you more time to react.  Alarms on the pool’s gate may also assist in a faster response if a child were able to find a way in.  “We recommend using both pool and gate alarms. The more layers of protection, the better,” Todd Kent of Good Housekeeping Research Institute says.

Within the profound loss that families of drowning victims experience, we have an encouraging story of endurance to end with.  Two mothers of drowning victims have teamed up to raise awareness for pool safety, provide support for other families affected by similar tragedies, and stress pool precautions that families can take to prevent further injury and death.   ”It’s not something we’ll ever get over, but we’re hoping to make a difference so other families don’t have to suffer the same fate,” Karen Cohn said.  This is the only interview she’s had since her 6-year-old son died from drowning a few years ago. 

With August here, the heat will be sticking around and so will the parents and kids by the pool. 

Let’s just hope that pool safety also sticks around in these hazy days ahead.

California Boy Drowns in Public Pool

We all know that the unavoidable summer heat means finding ways to keep cool. Young or old, a dip in the pool is on practically everyone’s To Do Lists during the hot summer months.

However, pool safety can all too often be overlooked when all you want to do is get into the welcoming water and out of the unforgiving sun.

A 6-year-old boy drowned in a California public pool facility this week, in just several feet of water, adding to the already high number of drowning and near-fatal cases among children this year. It was reported in the article that there had been three lifeguards present at the time of the discovery.

As highlighted in the 7/27 blog on our site about the Pool Safely campaign that was unveiled recently from the Consumer Product Safety Commission (CPSC), reminders about safety around pools have become a necessary tool in trying to prevent further child injury or drowning.

Inez Tenenbaum, Chairwoman of the CPSC says, “These incidents are preventable, so our mission is to change the way families think and act about pool and spa safety.”

This latest victim is just one of too many that reminds us that even in the carefree days of summer we can’t afford to lighten up on child safety around the pool.