Child Abuse | Major Injury Law Blog

Children’s Hospital Slapped with Lawsuit Over Physical & Sexual Abuse

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Nov 062020

Cumberland Children's Hospital

The Cumberland Children’s Hospital in New Kent, Virginia is at the forefront of a $127 million lawsuit taking place. The lawsuit is built around 20 former patients, and their families, who have come forward alleging sexual and physical abuse. The claim was filed by Breit Cantor Grana Buckner, a personal injury law firm at Richmond’s Circuit Court.

The hospital is a residential treatment center for people aged 2-22 with medical and behavioural diagnoses such as chronic illness and brain injuries. The suit itself accuses the hospital, its Medical Director Daniel Davidow, and Hospital Psychotherapist Herschel Harden, of assault, battery, negligence, false imprisonment, fraud, and reckless disregard. Also, there has been accusations made of violations of state-mandated child protection rights.

The firm is seeking some $127 million in compensation and punitive damage costs, covering bodily injuries, disfigurement, and mental anguish – as well as the coverage of los earnings and medical expenses for those impacted. The attorney for the case, Kevin Biniazan, said: “These defendants can never undo the harm they’ve caused to our clients, but this lawsuit seeks accountability and financial recovery that we hope will, in some way, make up for what they’ve suffered,”

So far, 20 patients are involved in the case against the hospital and claim to have experienced sexual abuse and physical abuse from a combination of staff, physicians, and other residents within the hospital. Some 12 of the 20 alleged victims claim to have been non-consensually touched. Employees and patients are also accused of physically assaulting other individuals, resulting in long-term physical and mental anguish.

Other roommates and patients are alleged to have sexually abused the younger and weaker individuals after hours, entering the rooms of victims without staff input or intervention. Even when calling for support, staff would not respond to the calls, it is claimed. Other claims include a patient being scaled with hot water, being locked in rooms without access to a bathroom, and sexual abuse towards patients aged 12-years-old and above, abusing them by touching them in an inappropriate manner.

The lawsuit also goes on to accuse the hospital and its ownership, Universal Health Services, of fraud. The fraud was committed, according to the complaint, by keeping patients at the hospital beyond the necessary timeframe needed for recovery in a bid to maximise revenue. They also are accused of ignoring reports from patients, staff, and family members, of ongoing abuse. Other accusations also include that they misled parents in a bid to keep children in their custody.

This is not the first investigation into the hospital, either; a 2017 investigation, still ongoing, was opened relating to child abuse and neglect. The psychotherapist who worked for the hospital, Herschel Harden, was also charged with two felony counts of object sexual penetration by a grand jury in King William County.

In a bid to ‘maximise profits and reduce costs’, the hospital is also accused of lacking the required staff numbers needed. More to come as the case progresses. More information regarding a jury trial is believed to be available by mid-November.

Citation

https://www.dailypress.com/tidewater-review/va-tr-nk-cumberland-hospital-lawsuit-1020-20201020-nyccunzq35br3porxl2g6p56lq-story.html

U.S. Olympic Committee Sued for Larry Nassar Sexual Abuse

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Apr 142019

As one of the biggest scandals in present US sporting news, fifty-one women are presently suing the US Olympic Committee, as well as board members and former officials. This lawsuit follows the accusation that committee did not do enough to prevent abuse at the hands of Larry Nassar, the sports doctor. The lawsuit was filed in Denver federal court, and details that abuse up until the late 1990s took place – including to one victim as young as 8-years-old.

Many of the women involved in the suit say that, due to their young age and sexual inexperience, they were not aware that the abuse was taking place. When victims began to tell stories of their own abuse at the hands of Nassar in his 2018 sentencing for child pornography and sexual abuse, though, many more began to come forward. A December 2018 report also noted that the USOC was slow to react to cases of sexual abuse.

The new lawsuit, then, alleges that the USOC has broken Title IX, and the constitution, by failing to act quickly. At present, the USOC said it has no comment to make on any pending litigation. It contends in other cases, though, that it should not be held responsible for the crimes of Nassar. The lawsuit also outlines sexual abuse that was carried out by six other coaches, again making note of the slow response from the USOC. However, the majority of plaintiffs say that Nassar was their abuser.

The majority also state that, despite their parents being present during the examinations, Nassar would position the child in a way that obscured parental viewing. One plaintiff says that they openly gasped when being touched by Nassar, who responded “Sorry, cold hands.”

The plaintiffs involved are asking for compensation, but also asking for major reform within the USOC. Almost all top executives at USOC have either left or been remoed after the sentencing of Nassar took place in 2018.

Source

http://time.com/5552786/women-sue-us-olympic-committee-larry-nassar/

Child Dies at Oregon Day Care Despite ‘Red Flag’ Warnings

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Oct 032018

foster child care

When a child is placed into care at any kind of child or day care facility, high standards of care are obviously expected. The health and care of a child under the watchful eye of an expert should, for any parent, be something that provides comfort and certainty in equal measure. However, this certainty will be tested for parents with the recent news that a child died at an Oregon baby day care center, despite ‘red flag’ warnings that child welfare officials should have spotted, according to a lawsuit.

The lawsuit states that Oregon child welfare staff had overlooked allegations about one child suffering from traumatic injury at his day care center. It also states that a second baby boy died in the months following this incident. The parents of Allan Swearengin were never informed about the previous reports of abuse at Lane County Day Care, according to the lawsuit.

Indeed, ‘A.J.’ was supposed to have been found with repeated injuries at day care, before being found unconscious on September 12^th, 2016. He was pronounced dead an hour and a half later, aged 10 months and six days.

The lawsuit, valued at around $18.75m, contends that the Department of Human Services, as well as his pediatrician, failed to protect A.J. and thus prevented him from death. The lawsuit also says that, had welfare workers investigated the role of the day care workers in the first traumatic incident, as the parents had urged, then this could have been prevented.

Worrying precedent

It was concluded that he died of non-accidental injuries, and that they were “highly similar” to the injuries suffered by the first baby. C.J. Greaves, one of four attorney’s involved in representing the boy’s estate, said: “Whatever else in terms of obligations, if DHS had done an investigation and spoken with the babysitter and actually looked at these files, A.J. would be alive today,

“It’s basic — just a warning that parents should be concerned, because how else is a parent going to know this?”

This comes in the face of multiple lawsuits coming up in Oregon against the child protection agency. It’s suggested that ‘grave failures’ have led to numerous deaths, or severe abuse, or children. Indeed, two young sisters were recently found to have been abused in foster care by a 13-year-old who had known issues.

The Department of Human Services spokeswoman, Christine Stone, said that the department does not comment on any pending cases. More on this story as it develops.

Granddaughter of TBN Founder, Jan Crouch, Gets $2 Million for Personal-injury Lawsuit Against Trinity Church Center

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Jun 282017

Five years after Carra Crouch, granddaughter of Trinity Broadcasting Network (TBN) founders, Jan and Paul Crouch, filed a personal-injury lawsuit against Trinity Church Center for a sexual assault case, a verdict was finally announced. The jury voted in favor of the plaintiff and consequently, the 24-year old was awarded a whopping amount of $2 million for damages.

Alleged Rape Cover-up

The year was 2006, at a Praise-A-Thon fundraiser in Atlanta, when Carra Crouch, then 13 years old, attended the event with the late Jan Crouch. This was when the alleged rape took place in her hotel room.

According to Crouch, she was drinking with a 30-year old employee of Trinity Broadcasting Network (TBN), run by the Trinity Church Center, inside the hotel room when the perpetrator started making advances on her. After he gave her a glass of water which she claimed might have been laced with some sort of drug, she lost consciousness and woke up suspecting she was raped.

When she informed her grandmother, televangelist Jan Crouch, the ordained minister berated her instead of comforting her and questioning her molester. In the lawsuit, Carra Crouch claimed that her “Momma Jan” screamed at her and did not even report the incident to authorities.

“Why would you have that man in your room? Why would you let this happen” – these were the harsh words of the grandmother, according to David Kessling, attorney of Carra Crouch. He said that when Miss Crouch informed the church minister, she expected protection and sympathy and yet what she got was the opposite.

A case was never filed against the TBN employee although the 30-year old man was fired. As for not reporting the incident, Carra’s lawyer said that Jan Crouch just did not want the name of TBN to be dragged and tainted.

The State of California has a mandatory reporting law that puts ordained ministers, like the late televangelist under obligation, to report these types of incidents to the police. This was the basis of the civil case filed against Jan Crouch by her granddaughter in 2012.

The Verdict

After eight hours of deliberation, the jury voted in favor of Carra Crouch, saying that the actions of her grandmother, reprimanding her instead of protecting her was outrageous. However, on the alleged failure to report sexual assault, it was a different story since the jury rejected the allegation.

Although Carra Crouch was asking for $6 million in damages, she was only awarded $2 million. Half of the amount was for the years of emotional trauma since the incident until the trial was over while the other half was for the years, the jury believes, she has to spend in pain and suffering.

It was voted upon that the late Jan Crouch was 45 percent responsible for the emotional distress brought unto Carra Crouch while the church was vindicated for the failure of mandatory reporting allegation. For this, the Christian ministry was ordered to pay $900,000.

Meanwhile, the mother of Carra Crouch and the alleged molester were held 35 percent and 20 percent responsible, respectively. However, both did not have to pay since they were not defendants.

Today, Crouch is a medical office assistant and is still based in Orange County. While she is still working on healing spiritually and emotionally, she said that she plans to study nursing and will use the money pay for her education.

How Social Media Prank Allowed Courts To Take Custody Of Children

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May 192017

“Thirteen Reasons Why,” a controversial show being viewed by preteens and teens across America, is causing great concern for educators, children and parents alike. As a show that is based on the thirteen reasons that a girl – the narrator and star of the show – eventually ends up taking her own life, it is very troubling to child psychologists around the nation. There is nothing new about bullying, but the vicious nature of the social media torture endured by the teens is convincingly real and is giving adults a glimpse into the ugliness of the pranks, bullying and torture that can happen on the Internet.

Perhaps even more disturbing is the real-life drama of the Martins, who have lost custody of their children for “pranking” them online. No one is laughing at the cruel nature of what they did or the damage that they inflicted on their children. Videos uploaded by DaddyOFive’s YouTube Channel are hard to watch even for a mature audience, much less the population that typically tunes in.

In one of the videos, the parents scream at a young boy named Cody for spilling ink on the carpet – not just scream but totally berate him. Mind you, he didn’t spill anything at all. It was just a prank. Funny, huh? In another “episode” the dad encourages his son to slap his eleven-year-old sister Emma, which the boy does hard enough to make her cry. After seeing the alarming video online, the estranged mother of both children filed for an emergency hearing to regain custody of the two children.

Rose Hall announced that she now has full custody of her two children, who were the object of what is tantamount to child abuse – all to make an audience laugh. She sent a video out on YouTube of her lawyer insisting that the children were back home and adjusting happily to their new surroundings. As of Hall’s announcement, her son Cody and daughter Emma will remain in Child Protective Services until the details can be sorted out.

The Martin family had five children in their custody; two of them are the biological children of Rose Hall from a previous relationship she had with Mike Martin, the infamous YouTube prankster. Not only has the DaddyOFive Channel gone viral; so too has the saga regarding the entire custody battle. It appears that no one can get enough of watching the horrible things that people subject their kids to in the name of fun for strangers on the Internet.

The Martins started the channel to make money. Through clicks on their page, they were generating income by pranking their kids in cruel and not funny ways. Although the Martins have denied the allegations of profiteering, there is evidence that they aren’t being truthful. Nearly a week after the video went viral, the Martins released a statement of apology on their channel. After hiring a crisis-management and public relations firm, they announced that everyone in the family is in the process of seeking counseling.

The Martins have admitted that they made terrible parenting mistakes, which goes against their original claims that the children’s reactions were faked. Throughout the video series, Hall followed the page and commented that she was against the treatment that her children were being subjected to. When it became too much, she went to law enforcement in the jurisdiction where the films were being shot to try to get some help.

Hall has been trying with fervor to get her children back. After an interview regarding the mistreatment of her children, she started a GoFundMe campaign to help her with legal fees to fight for custody. When the child custody attorney who finally agreed to take her case first saw the videos, he didn’t hesitate to step in and help out.

Hall hopes that with some counseling and a little concern and care, the children will recover. She regained custody of Cody and Emma last week and is looking forward to finding a new normal. They no longer want to be in the spotlight, so the YouTube video days are over for the Hall kids. After suing for abuse in court, she has won full custody and wants to put the entire incident and her relationship with the Martins behind her.