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Archive for the ‘Damage Claims’ Category

Boy Scouts of America ‘Perversion Files’ Show Depth of Sexual Abuse, Personal Injury Group’s Personnel Perpetrated on Kids

October 20th, 2012   No Comments   Commentary, Court Cases, Damage Claims, Sexual Abuse

The similarities between the Boy Scouts of America, the Catholic Church and the coaching staff and administration at Penn State University are chilling – and reprehensible. All three had pedophiles in their midst, perpetrating unspeakable sexual assault, personal injury, and pain and suffering on child victims and youths in their care.

And to avoid damage claims, all three worked diligently to hide the sexual assault, personal injury, and pain and suffering of child victims from parents, outsiders and authorities.

As child advocates and child care attorneys now learn of the more than 14,500 pages of previously confidential documents released by the Boy Scouts of America regarding child sexual abuse, observers and authorities are left to wonder how this could happen so deeply in the organization – and for so long.

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Florida Children’s Rights Attorney: When Abused Fight Back – Sandusky Victim Files Suit Against Penn State

August 25th, 2012   No Comments   Abuse, Damage Claims

First, the victims in the Jerry Sandusky child sexual abuse case spoke up about the horror they endured at the hands of a trusted adult and admired college football coach. Now, one is fighting back against Penn State. The result of a court case could be damage claims for personal injury suffered by this victim – and possibly others. 

The victim, whose allegations in 2009 launched the investigation and criminal case, filed suit this week against the school, alleging the school knew of Sandusky’s actions and actively worked to shield him. Known as Victim 1, his lawsuit describes university administrators’ actions as ‘‘a function of (Penn State’s) purposeful, deliberate and shameful subordination of the safety of children to its economic self-interests, and to its interest in maintaining and perpetuating its reputation.’’

What happened at Penn State is a horrible, terrifying example of abuse of trust and power. What’s happening now is the expected and reasonable response by a victim who was abused by a sexual predator – and an organization that allegedly sought to cover up his crimes.

In June, Sandusky, 68, was convicted 45 counts for sexual abuse of 10 boys. Now, the school awaits a trial of its own.

Read the whole story here.

Florida DCF Pays in Case of Foster Parent’s Years-Long Abuse of Children in Her Care

June 15th, 2012   No Comments   Abuse, Damage Claims, Department of Children & Families (DCF)

For 10 years, agents with Florida’s Department of Children and Families placed children with foster mother Nellie Johnson, despite multiple reports that she abused kids in her care, writes DCF Save Our Children blog.

It was a costly practice. The abuse grew unabated, and in 2003, Johnson was convicted of child abuse and neglect. She was sentenced to 60 years in prison.

And the state paid. Late last year, DCF agreed to pay more than $14 million to the 20 children placed in Johnson’s home. Florida child advocacy attorney Howard Talenfeld represented the children.

The payouts will resolve a federal lawsuit filed against nine DCF case workers and investigators. It also disposes of a state case filed against DCF in Alachua Circuit Court.

Read more here.

Florida Child Advocates, Guardians, Attorneys Demand ‘No More Nubias’

February 13th, 2012   No Comments   Abuse, Damage Claims

In an editorial this weekend, the Miami Herald proclaimed, “No More Nubias.” The editorial board – like foster child advocates, guardians and attorneys who strive to protect children from child abuse, damages, personal injury and other heinous crimes – called for tougher child-protection laws being made the priority. It’s too late for Nubia Barahona, the 10-year-old child allegedly killed by her adoptive parents. But maybe her death was a wake-up call for the system.

The Herald wrote, “If state lawmakers really want to prevent any other child in the state from meeting Nubia Barahona’s tragic fate, then they will do everything possible to toughen child-welfare laws before attaching her name to them in her honor. So far, it’s been a mixed bag, legislatively speaking. Some proposals bring a dose of accountability and common sense to make the system better. Others, however, show that some lawmakers need to get real.”

Read the entire editorial here.

Disappearance, Presumed Death of Miami Foster Child Rilya Wilson Puts Florida DCF in the Spotlight

September 10th, 2011   No Comments   Abuse, Court Cases, Damage Claims

By Gloria W. Fletcher

The tale of Rilya Wilson is as heartbreaking as they come – even if the Florida Department of Children and Families, child care attorneys, legal advocates, guardians and others don’t know for certain the whereabouts of the Miami foster child. Wilson was 4 when she disappeared in 2000. Her case raised an uproar among child welfare advocates who let it be known that there were over 400 missing foster children like Rilya on any one day in Florida.

Although there were exhaustive efforts to find Rilya and some systemic reforms implemented to find other missing foster children, some 11 years later, no one has seen her since – and her onetime caregiver, Geralyn Graham, stands accused of kidnapping, abusing and smothering her. Indicted in 2005, she is scheduled to stand trial for first degree murder later this year.

Throughout the intervening years, the Florida Department of Children and Families has borne the brunt of criticism of its handling of such cases. Such was the case with the death of 10-year-old Nubia Barahona and the critical injuries suffered by her twin brother, Victor, allegedly at the hands of adoptive parents Jorge Barahona and his wife, Carmen. The couple faces the death penalty, if convicted.

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Mental Health Privatization Plan Could Harm Mentally Ill, Result in Lawsuits and Damage Claims

August 9th, 2011   No Comments   Abuse, Damage Claims, Mental Health Issues

The Department of Children and Families plan to privatize mental health services has been called by one judge a “rush to privatization…that will harm Broward’s mentally ill” and mental health patients, and one that’s “going to take a bad system and make it even worse” by Broward Public Defender Howard Finkelstein. Worse still, attorneys and advocates believe it could result in harm, injuries, even avoidable, wrongful death — and personal injury lawsuits and damage claims.

The Sun-Sentinel wrote, “The privatization wave that has swept over so much of state government was supposed to come to Broward’s mental health administration by 2013. But budget cuts to Florida’s Department of Children & Families have prompted a speedup, with DCF now trying to hand off oversight duties to a private Miami-Dade-based outfit by Oct. 1.”

Read the entire story here.

Legal Advocates: Barahona Adoption, Death Prompts Needed Changes at Agency Monitoring Foster Kids

May 22nd, 2011   No Comments   Abuse, Damage Claims, Department of Children & Families (DCF)

Is change in the wake of the horrific death of Nubia Barahona and the critical injuries sustained by her twin brother sufficient to prevent future abuse to foster and adopted children in Florida? Without such change, lawsuits, damages, claims of personal injury and wrongful death will only continue, notes Florida child advocacy attorney Howard M. Talenfeld, president of Florida’s Children First.

Nubia Barahona

Nubia Barahona

The Palm Beach Post reports this week that “leaders of the private agency once charged with ensuring Nubia Barahona was safe with her adoptive family say the girl’s death has led to changes that could help caseworkers detect threats to foster children.”

“This case has caused a shift in [caseworkers’] thinking. — ‘Are these foster parents the good people? Do they want to adopt for good reasons?'” Our Kids CEO Frances Allegra, told the paper. Allegra recently co-wrote a 10-page plan to improve its case management in response to the death.

The paper notes that the final version of the plan has been reviewed and approved by Department of Children & Families Secretary David Wilkins. Read the Post’s story here.

Foster Care Award Limits Stripped From Florida Senate Committee Medicaid Bill

April 6th, 2011   No Comments   Damage Claims, Legislative & Regulatory Issues

A sweeping Florida Senate rewrite of the state Medicaid program, approved today by the health and human services budget committee will steer 2.9 million low-income Floridians into health coverage provided by managed care companies. Left behind: legal caps and liability limits for foster care providers.

According to the Palm Beach Post, “Trial lawyers and children’s advocates have been fighting the lawsuit limits, especially in the wake of the death of 10-year-old Nubia Barahona and near death of her twin brother, Victor, allegedly at the hands of their foster parents who are now facing murder charges.”

Read the entire story here.

Medicaid Reform Would Limit Families of Child Abuse, Injury, Death Right to Sue

March 30th, 2011   No Comments   Abuse, Advocacy, Damage Claims, Department of Children & Families (DCF), Legislative & Regulatory Issues, Medicaid

A Medicaid-reform effort has lawmakers seeking to limit the rights of poor people to sue doctors, hospitals and child-welfare companies. “In the midst of expanding HMO-style management in Medicaid, the Legislature is passing a raft of proposals that limit the liability of Medicaid doctors, hospitals, nursing homes and private community-based care companies,” writes the Miami Herald.

Backers of the legislation include doctors and hospitals, the paper writes. Because they’re working for the state (which itself is shielded from lawsuits and some damage awards), the Medicaid providers and child-welfare companies should receive the same protections.

Opponents of the proposed legislation, including Democrats, child advocates and trial attorneys, claim such legislation will hold no one accountable in such cases like Nubia and Victor Barahona. The two Miami children allegedly were abused by their adoptive parents. Such legislation also would help the insurance industry, the paper wrote. Read the entire story here.

Palm Beach Post Editorial: Protection for Child Welfare Failure?

March 11th, 2011   No Comments   Advocacy, Damage Claims, Department of Children & Families (DCF)

An editorial in today’s Palm Beach Post raised serious issues regarding calls by private lead agencies serving the Florida Department of Children and Families ( DCF ) to provide sovereign immunity protections that will cap personal injury damage claims by lawyers.

Many attorneys and child welfare and foster care advocates agree: Such protections will save no money. In fact, there will be a total loss of accountability for these providers’ services. More importantly for children harmed or injured while under the care of these companies or agencies, there will be no claims for damages.

Attorneys for children like Victor Barahona, who was critically injured (while his sister, Nubia, was killed), won’t be able to sue these private providers. Damages would be capped. Meanwhile, Victor’s hospital bills will far exceed any coverage limits.

As the Post wrote, “As the secretary of the Florida Department of Children and Families acknowledged this week, 10-year-old twins never should have been adopted by Jorge and Carmen Barahona.

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Broward Sheriff Settles Negligence Lawsuit During Trial; Recovery Almost $3 million in Law Suit Against BSO, Florida Department of Children & Family Services (DCF), Department of Health, Other Health Care Providers

February 4th, 2011   No Comments   Abuse, Damage Claims, News & Events

A $1.575 million settlement brought an abrupt end to a Fort Lauderdale trial that questioned the Broward Sheriff’s Office for its management of abuse allegations involving an infant who suffered injuries and brain damage, the South Florida Sun-Sentinel reported.

“Sheriff Lamberti did the right thing by resolving the 5-year-old child’s claim as a result of a lawsuit for a negligent protective investigation, which occurred during a prior administration,” said Howard Talenfeld, one of the plaintiff attorney’s trying the case.

The newspaper went on to report that the insurance company for the Sheriff’s Office reached the deal Wednesday with attorneys for Jace Manning, now 5, who was left developmentally disabled after his skull was fractured in February 2006.

Two months before the boy’s severe injuries, Jace was hospitalized with an unexplained bruise under his chin, and his grandmother implored authorities to remove him from the Coral Springs apartment where he lived with his mother and her boyfriend. Read the entire story here.

DCF Review: Injuries, Hints Led to Concerns Before Death of Boy, 2

January 13th, 2011   No Comments   Abuse, Damage Claims

Despite medical experts’ suspicions that 2-year-old Deondray Ashe had growing issues in his home, doctors couldn’t be certain that injuries revealed before his death in June were the result of abuse.

Deondry AsheAccording to a review by the Florida Department of Children & Families and a story in the Lakeland (Fla.) Ledger, a child protection team physician who examined Deondray on March 27 diagnosed the child “with chronic bilateral subdural hematoma, healing rib fractures not in typical position, growth retardation, evidence of cerebral palsy, severe developmental delays, acute sinus infection, pneumonia, sagging skin in which the BMI is below normal, the Ledger reported.

While state child welfare officials had expressed some concerns about Deondray’s physical condition, newly released details show they had no proof, either, the Ledger noted.

Read the entire story here.

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