Child & Daycare Personal Injury Lawyers

You have put an enormous amount of effort into researching the best schools, daycare facilities, and babysitters for your child. You put your trust in the system. Now you find that trust has been betrayed and your child has been injured, leaving you to deal with the overwhelming feelings of guilt, fear, and anger.

If your child was injured because a caretaker failed to provide adequate safety or supervision, it can be grounds for a lawsuit. Contact a Minnesota personal child injury lawyer at TSR Injury Law by calling 612-TSR-TIME or submit our free consultation form. Our partners are compassionate and diligent, and we will fight for justice in your case.

Responsibility and Accountability

School districts, daycare centers, and other childcare providers are acting “in loco parentis” for the time that the child spends with them. This means that they are legally responsible for the health and safety of your child. At TSR Injury Law, we believe that anyone who works with children has a serious responsibility and should be held accountable for their mistakes. A civil suit can help you regain money lost to medical bills and time off work, as well as compensate you for the suffering your family has experienced.

Our Minnesota personal injury attorneys are prepared to help you with a variety of child injury cases, including:

  • School/Playground Injuries
  • Daycare Injuries
  • Dangerous Toys
  • School Bus Accidents

Contact Us

If your child has been injured due to a caretaker’s negligence, do not hesitate to contact TSR Injury Law. We will review your situation, and if you have a case, we will fight for the compensation you deserve. Call today at 612-TSR-TIME or submit our contact form.

No State License At Child Care Where Boy Assaulted

(WCCO) After the beating and sexual assault of a 3-year-old boy in the Kids Quest child care center at Grand Casino Mille Lacs, it was discovered that casino centers like this one are not licensed by the state.

Investigators think a 9-year-old boy was responsible for the attack that happened at Kids Quest, a child care center that is run by New Horizon.

“Obviously there wasn’t adequate supervision or this never would have happened,” said the victim’s attorney Richard Ruohonen.

The 3-year-old’s mother said the boy received cuts and bruises during the attack at Kids Quest.

“There should have been police called and there should have been medical personnel there and unfortunately that didn’t happen,” said Ruohonen.

“I can’t speak for Kids Quest. You’d have to inquire of them why they did not contact authorities,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

WCCO-TV did contact New Horizon, who leases the Kids Quest space from the casino, and they refused to say.

The victim’s attorney said the toddler told his mother that the assault happened inside a pink ball in the play area.

“Our client was told they only check the tubes, the enclosed areas, once an hour,” said Ruohonen. “And to only check them once an hour, if that’s true, and that’s what she was told, is frankly ridiculous.”

Child care center on any tribal land are not licensed by Minnesota’s Human Services Department. The Native American government of each band determines requirements and regulations for day care centers.

“We do have the ability to insist that changes are made or Kids Quest will no longer be associated with the band,” said Brunkow.

As of 8 a.m. Wednesday, Kids Quest’s vendor license was temporarily suspended and the doors closed pending a hearing on Friday. Meantime, the wounded child and his mother are trying to cope with the trauma.

“He’s scared, he’s sleeping at night with his mom. He reaches out for her every night to see if she is there?” said Ruohonen. “She’s angry at the fact it was allowed to happen. The fact that there was no one there watching out for her son.”

The family only came forward to share their tragedy to prevent other children from suffering the same fate. They’re just sorry something as terrible as this had to happen before changes were made at the casino.

Kids Quest at Grand Casino Hinkley is also temporarily shut down. The other child care centers operated by New Horizon at Jackpot Junction and Treasure Island remain open.

Man Attacks Wife’s Co-Worker in Her Home

A man has been accused of assault and a number of other charges have been filed, as he attempted to kill his wife’s co-worker with a hammer on January 14.

Johnathan Lee Closner, 26, entered his wife’s home in Zumbrota and started attacking Daniel David Yennie, 20, with a hammer, striking them man twice in the head, according to the complaint.

Closner now faces multiple charges, including two counts of attempted premeditated murder, which are both first-degree offenses, and one count of second-degree attempted murder. He also faces a charge of first-degree burglary and first-degree assault.

Police responded to a call at around 4:45 a.m. in which tey found Yennie unconscious in a bedroom and he was having seizures. They also found a large amount of blood all over the wall and the bed.

Amanda Closner, Closner’s wife, told authorities that she was going through a separation with Jonathan Closner. She said that her estranged husband had learned that she was in a relationship with Yennie and that he had been “upset and all crazy” about the news, according to the complaint.

Police would later find a hammer in the woods near Amanda Closner’s residence.

According to the complaint, Johnathan Closner would later admit to police that he came into the residence using a key that was his and that he took a hammer from a tool box. He said he wanted to scare Yennie with the hammer, but he struck Yennie in the head when he saw the man and his estranged wife in the bedroom together.

Yennie was taken to the hospital by mayo One Helicopter. The Mayo Clinic said that Yennie was in a coma due to suffering significant injury to the left side of his head. He also has bone matter penetrating his brain and swelling on the brain.

Johnathan Closner was arrested on January 15 with formal charges being brought against him late on January 16.

If you are the victim of a serious personal injury, contact TSR Injury Law today for a free consultation.

Ph: (612) TSR-TIME.

Labral Tear Injury Claims

If you have sustained a SLAP tear, you need to be proactive in your medical care because that part of the labrum has poor vascular supply which can make healing difficult. If it does not heal well, you could face a lifetime of chronic shoulder pain. We want to help you obtain adequate compensation for your medical bills, lost wages, and pain and suffering. Call (612) TSR-TIME or submit our free consultation form. Our partners have been named Super Lawyers many times and have a reputation for getting the job done.

Labral Tear – SLAP Tear Injury Information

When the glenoid labrum is torn, it is called a labral tear. Labral tears are classified by the location of the tear in relation to the glenoid. A SLAP tear is when the glenoid labrum is separated at the tendon of the biceps muscle from front to back. The acronym stands for Superior Labral tear Anterior to Posterior. A SLAP tear occurs frequently in slip and fall accidents when the person falls on an outstretched arm or in car accidents when the arm is outstretched to brace against impact.

A SLAP tear can be difficult to diagnose. The best way to confirm a SLAP tear is with an MRI contrast. There are some risks associated with the contrast injection (gadolinium), including allergic reaction, dizziness, shortness of breath, blood clots, and kidney damage. Because of the risks associated with the MRI contrast, many people let the doctor make the diagnosis at the time of surgery.

SLAP Tear Treatment

Surgery is almost always necessary to recover from a severe SLAP tear injury. The surgery options are:

  • open incision, where it permits the surgeon more visibility
  • arthroscopic, where there is less chance of infection and recovery time is shorter

SLAP Tear Recovery

Whether you opt for open or arthroscopic surgery, physical therapy is mandatory. Physical therapy begins at about four weeks. Full recovery from a SLAP tear injury depends on the extent of damage, how it was treated, and how faithfully physical therapy was performed. It will usually be at least 3-4 months before your shoulder feels close to normal. It can take up to a year for your shoulder to be completely healed after surgery.

Need Some Legal Help?

The personal injury lawyers in Bloomington at TSR Injury Law are skilled, aggressive litigators with years of experience handling complex medical cases. Call (612) TSR-TIME or submit our contact form. Consultations are free. No fees until we win.

Daycare Deaths have Doubled in Minnesota

When children are placed in daycare, parents are putting their trust in the providers to take care of their children as if they are their own. Unfortunately, Minnesota has seen daycare deaths double in the past 10 years.

Early in July, a daycare provider in Oakdale was charged with locking three children in a shed in her backyard. The incident occurred in February 2012.

Jennifer Lynn Goldetsky, 43, took the three children outside without jackets and shoes and locked them in the shed when Washington County licensors made an unexpected visit to check Goldetsky’s compliance.

What they found was that she had more children in her care than what she was licensed to have and took the three children out to the shed in a panic so that she would not get caught having more children than she was supposed to.

While the children that Goldetsky locked in the shed did not suffer any injuries, that has not been the case across Minnesota.

For instance, an infant died while in the care of an Eagan daycare.

In August 2011, Beverly Greenagel laid down a 3-month-old baby down on a blanket in the basement of her home so the baby could nap. Later that afternoon, a 12-yar-old child found the infant face down on the blanket, blood staining the blanket. It was later ruled by a medical examiner that the baby died of asphyxiation.

Jerry Kerber with the Department of Human Services in Minnesota said that there were 51 deaths in licensed daycares from 2007-2011 in the state. All but three of the deaths occurred at in-home daycare facilities rather than the large daycare centers. Most of the deaths are believed to be the result of unsafe sleeping arrangements for infants, as well as compliance violations such as overcrowding.

In the case of Greenagel, it wasn’t the first time that she was found in violation of state laws. She was issued a written reminder in 2002 to remove pillows from infant cribs. In 2007, a social worker saw an infant placed on the floor for a nap. Greenagel was once again reminded of state law. State law states that a licensed daycare provider is to place an infant in a crib on his or her back.

Depending upon how severe the violation is and the provider’s history, licensors can issue a citation or correction order. They may also recommend temporary suspensions, fines, indefinite suspensions, or revoke their license completely. Providers do have the ability to appeal decisions, which is what Greenagel did after the revocation of her license in February 2011.

This brings about the question of whether or not state laws are strong enough.

The Department of Human Services is currently reviewing training requirements for in-home providers and the Department does consult with the Minnesota Sudden Infant Death Center to stay on top of recommendations and has also received a grant from the Centers for Disease Control and Prevention to study all of the infant deaths that occur in the state with more emphasis put on those that occur in child care facilities.

Greenagel is currently being prosecuted by Dakota County for the death of the 3-month-old infant.

If you have lost a child while under the care of a day care facility, you may be eligible to file a damages lawsuit. To learn more about your legal options, contact the Minneapolis personal injury lawyers at TSR Injury Law today for a free consultation. Ph: (612) TSR-TIME.

Minneapolis Bulging Disc Attorney

Any injury is scary, but a spinal injury is frightening — with very real fears for the future. We care about your injury and want to help. If your spinal injury was from an accident that was not your fault, you deserve compensation for your pain and suffering, medical expenses, and lost wages.

Contact our Minnesota Bulging Disc Lawyers at (612) TSR-TIME. TSR Injury Law has established a reputation for success in the area of personal injury litigation. Our partners have been named Minnesota Super Lawyers many times by their peers.

Bulging Disc Injury

Many bulging disc injuries are from deceleration in a car accident when the spine is restrained and bent over the seat belt, many times at an angle. A bulging disc most often occurs in the lower back, but may occur in the neck.

When the spine is stressed and pulled out of place, it can put uneven pressure on the disc and cause irritation and damage. A bulging disc can protrude into the spinal canal causing pain and potentially long-term repercussions if the disc ruptures or becomes herniated.

The spine is critical to the overall health of the body. The discs keep the spine flexible, allowing twisting, bending, and basically all physical activity. The gel in the discs absorb the stress of all the body movement. When a disc bulges or compresses, it can cause narrowing of the spinal canal leading to limited, painful movement.

A bulging disc is less severe than a ruptured or herniated disc, but if it goes undiagnosed or untreated may lead to the more serious ruptured or herniated disc.

Bulging Disc Diagnosis & Treatment

An x-ray will not reveal anything about the health of the disc, but may be used to verify the health of the bones. A physical exam and MRI are the best ways to diagnose a bulging disc.

A bulging disc may heal with rest and physical therapy. If the bulging disc becomes more serious by rupturing, surgery may be necessary to remove part of the disc or the entire disc. At this point, they may replace the disc with a synthetic disc or fuse the segments to prevent movement and instability.

Contact Us Today

If your injury was due to the negligence of another, you may be able to obtain compensation for past and future medical expenses, pain and suffering, lost wages, and other losses. Call (612) TSR-TIME today. We will schedule an appointment to discuss your case. If you prefer, submit our free consultation form. We will fight for justice in your case.

1 Dead, 8 Injured In Chisago County

A four-car crash, on Hwy 8 near Chisago City, left a 34-year-old woman dead. There were 9 people in the four vehicles. The other 8 occupants suffered minor injuries.

There were 3 vehicles waiting at a signal light on Hwy 8 at Johnson Lane. When the light turned green, they started to accelerate when they were rear-ended by a fourth vehicle, a 2000 Buick Century. According to the State Patrol, the fourth vehicle was traveling at highway speed.

The accident is under investigation. It did not appear to be alcohol-related.

Overall, the Labor Day weekend was relatively safe. The Minnesota State Patrol said that this was the only fatal accident this weekend. It was a significant drop from the 14 people killed in car crashes over Memorial Day weekend.

Help For Accident Victims’ Families

If your family has suffered spinal injuries, brain injuries, or even wrongful death, you need legal representation to optimize the insurance compensation. It is important to be checked by a doctor if you have been rear-ended at high speed even if you feel like you are not injured. In some cases the soft tissue injuries are not felt for a few days. For more information call (612) TSR-TIME and speak to a Minneapolis personal injury attorney or submit our free consultation form.

Tinnitus Injury Compensation Claims

While motor vehicle airbags have reduced the number of fatalities; unfortunately they have increased other vehicle injuries, including face, eye, chest, and ear injuries. It has been estimated that more than 200,000 airbags are deployed each year. A wide variety of airbag-induced ear injuries occur every year, many of them permanent. These include hearing loss, tinnitus, disequilibrium, and otalgia (ear pain). That number may increase significantly with the addition of lateral airbags as standard equipment on vehicles. In laboratory blast tests, it has been shown that if the ear aligns toward the blast it doubles the pressure experienced.

What Is Tinnitus?

Tinnitus is the perception of sound, or phantom noise, in the ears or head where no external source is present. Tinnitus can be intermittent or constant, in one ear or both ears. The volume can range from subtle to piercing.

Normal Means of Hearing: Sound would normally be a series of pressure waves that move the ear drum in and out. The chain of bones in the middle ear transform that, moving finally, the last bone in the chain called the stapes. Much like when you take a rock and throw it into the water you can see the waves ripple away from it, the stapes bone creates waves in the fluids of the inner ear. The inner ear compartment (cochlea) has small hair cells, called cilia, suspended in this fluid. As they move they discharge an electrical signal onto the hearing nerve and it is sent back to the brain where it is interpreted. So, the purpose of the cilia is to transmit the signal to the nerve and then on to the brain.

Why Is the Noise Created?

With tinnitus, the cilia are damaged or destroyed. In accidents, a head trauma can destroy cilia in the cochlea or the explosion of the air bag deploying can cause hearing loss and tinnitus.

You would think with the cilia destroyed, there would simply be hearing loss. That is not always the case. Most undamaged ears perceive that a signal is being created by the cilia. The cilium itself also creates a signal periodically which basically tells the brain there is silence. If that signal is lost, you get what is called disinhibition — the loss of the signal for silence.

When there is no signal telling the brain there is silence, the brain then interprets that as a noise or an abnormal perception — which can be described as ringing, buzzing, roaring, clicking, whistling, or hissing.

Treatment for Tinnitus

Cilia are similar to brain cells in that once they are destroyed they are gone forever. They do not heal or regenerate. People have tried different things to minimize the effects or improve the severity of tinnitus, including:

  • Taking supplements such as magnesium, zinc, Ginkgo biloba, or B vitamins
  • Acupuncture, cranio-sacral therapy, magnets, hyperbaric oxygen, or hypnosis
  • Avoidance of alcohol, nicotine, caffeine, foods with a high sugar content, use of tonic water

Treatment options:

  • There is one drug that is commercially available in the United States that has been used for the treatment of tinnitus, but it has a number of unacceptable side effects. Most people choose not to take it.
  • Hearing aids are an option, but can have a boom quality — they amplify frequencies that the patient does not want amplified.
  • Masking devices can be purchased that can create another noise at another frequency that is less objectionable or at a frequency with which there is less interference.

Tinnitus Injury? Contact Us Today

A personal injury attorney in Minneapolis from TSR Injury Law can work on your behalf to validate your injury to the insurance company. We have argued and won many cases of tinnitus. We know it is a debilitating condition and we know you need compensation for your loss. All of our attorneys are skilled, aggressive litigators with years of experience handling personal injury cases. To speak to a lawyer today, call (612) TSR-TIME or submit our contact form and a member from our team will be in contact with you shortly.

Free Consultation. Ph: (612) TSR-TIME.

Minnesota Day Care Provider Sued in Baby’s Death

A day care provider is being sued for the death of a baby that was in her care.

The wrongful death lawsuit filed by the parents of the baby states that the provider was negligent and that is what led to the baby’s death.

Last February, Grant Maloney, three-months old, died while he was sleeping at his Elko day care. His death was due to asphyxiation that resulted from him rolling over onto a small pillow and this has led to the parents alleging in their suit that their son was provided a poor sleeping environment by provider Karen P. Johnson.

The suit states that Johnson violated safe sleep practices and state law when she propped up the baby with a travel-size pillow. At the time she propped the baby with the pillow, he was swaddled in a blanket. When he rolled over, he rolled onto his face, unable to change position, and died from asphyxiation.

The lawsuit further states that Johnson was negligent and breached the standard of care, thus she created a treacherous sleep environment for the baby. Susan Maloney, the mother of baby Grant, says that she is suing on behalf of her; her husband, Russell Maloney; and the rest of their family.

Johnson has not returned calls from media seeking comment and her attorney has not issued any statements.

Grant Maloney’s death is just one of eight that have occurred within Minnesota day cares this year. All eight of these deaths occurred at in-home facilities. Earlier this month, a state panel performed a review of the child-care deaths that have occurred over the past ten years and made a series of safety recommendations based on what they found.

In the report, they stated that ¾ of the 86 deaths that have occurred in the past 10 years involved infants that were sleeping. The reasons why these infants passed away in their sleep had to do with day care providers not following safety standards.

As of now, Johnson’s day care license has been revoked by the state and she is appealing that revocation. The revocation order was issued in June and said that Johnson had not followed the sleep training guidelines she had been trained to adhere to. The guidelines state that placing a swaddled baby with a pillow is a safety violation.

So far, the Maloney family has reached a partial settlement with one of the insurance companies that insures Johnson.

Minneapolis Bell’s Palsy Lawyer

TSR Injury Law cares about your discomfort, pain, and fear of the future — and we want to help. If your Bell’s palsy was sustained in a motor vehicle accident due to the negligence of another, you deserve compensation for medical expenses, therapy, lost wages, disfigurement, and pain and suffering. Contact a Minneapolis Bell’s Palsy Lawyer at (612) TSR-TIME. Our lawyers have years of experience. We will work tirelessly to achieve a fair settlement.

Bell’s Palsy

Bell’s palsy is the paralysis of the facial nerve, called the seventh cranial nerve. An injury to the head or neck may lead to inflammation and swelling of the seventh cranial nerve — which may inhibit, damage, or kill the nerve. Bell’s palsy is usually a temporary paralysis; but if the nerve is killed, there is the possibility for some permanent damage.

The facial nerve has six- to seven-thousand nerve fibers that conduct electrical signals from the brain to the facial muscles, controlling contraction. Nerves have the capability to regenerate. If the facial nerve dies, the problem with regeneration is that there is no mechanism that reconnects the nerve fibers to the same muscle. The nerve fibers may actually implant into the wrong muscles of the face. This is referred to as synkinesis.

With synkinesis, the brain will send a signal for a muscle to contract, but since the nerve fiber is connected to a different part of the face, the wrong area will respond. So, if the eye was supposed to close, the eyebrow may raise instead. This may sound insignificant or even humorous, but in reality, it is frustrating, debilitating, and dangerous (in the example, the eye could suffer damage because it did not get protection from the eyelid).

Bell’s Palsy Symptoms

There are many symptoms of Bell’s palsy. Very few cases exhibit all of the symptoms.

  • Eye-related symptoms: cannot close eye completely, drooping eyelid, excessive tears, inability to produce tears, tears fail to coat and protect cornea, sensitivity to light
  • Mouth-related symptoms: drooping of one side of the mouth, drooling, sense of taste impaired or lost, difficulty eating, drinking and swallowing, difficulty speaking, asymmetrical smile
  • Ear-related symptoms: sensitivity to sound, pain in/near ear, balance problems
  • Nasal-related symptoms: nose either constantly runny or stuffy, sinus problems
  • General symptoms: forehead wrinkles disappear, muscle weakness or paralysis, overall droopy facial appearance, facial swelling, headaches, neck pains, memory problems, facial spasms

There is controversy in how to treat Bell’s palsy. With incomplete paralysis, treatment is usually unnecessary, because spontaneous recovery is common. When the paralysis is more severe, anti-inflammatory drugs, corticosteroids, and therapy are prescribed.

Minneapolis Bell’s Palsy Attorney

Any impairment to the face is very difficult, stressful, and can affect one’s self-esteem and lead to issues with socialization and depression. If this impairment was due to negligence, legal representation could improve the possibility of fair compensation. Call (612) TSR-TIME or submit our free consultation form. Our partners have years of experience handling complex medical cases.

Golden Valley Therapist Surrenders License in Minnesota

Judith Henderson, a Golden Valley psychologist, has given up her license to practice after being accused of taking a patient shopping, traveling, dining, and theater excursions then billing the activities as therapy.

The Minnesota Board of Psychology says the 68-year-old charged more than $300,000 in fees to the patient over 10 years. Henderson does not admit or deny the allegations, but agreed to give up her license.

Ms. Henderson violated her professional relationship with the patient, the board stated, by extravagant socializing and then billing it as therapy. She allowed, and possibly encouraged, an inappropriate dependence by the patient.

Medical malpractice and abuse can take many forms. This abuse is unconscionable. It is taking advantage of a trusting, emotionally compromised person. The Minneapolis medical malpractice attorneys of TSR Injury Law are skilled, aggressive litigators with years of experience in personal injury law. Our partners are consistently named Super Lawyers. We will help you evaluate your case and fight for justice. Call (612) TSR-TIME or submit our free consultation form.

Fatal Crash Devastates Family

Lawunmi Olabisi-Barbington was a woman of few words, but she had a lot to celebrate, as she was working toward her law degree and her family was thriving. Her son was a very popular boy in his Anoka High School class.

In a split second, the dreams of the family were shattered because their van was struck in north Minneapolis on Interstate 94 by a vehicle that had already been involved in a collision. The van would roll several times before it would come to a stop and the end result would be three family members dead. Olabisi-Barbington, her son, and Modupe Olabisi were all killed in the fatal crash. Seun Eperutolu-Barbington was 16 and Modupe Olabisi was 80.

Now there is a community in Coon Rapids mourning this family, as well as a church in south Minneapolis rallying around a mourning family.

At Anoka High School, Seun was a football player and ran track. Because he was so popular with the other students, many of them are mourning and sharing stories about a boy who touched their lives. Everyone knew him and said he was the type of kid who would give the jacket off of his back if a student didn’t have one. He was the type of person others wanted to be around.

A sophomore at the high school, Seun dreamed of going to college and had just visited Minnesota State University in Mankato, although he was still over two years from finishing high school. His mother had stressed to him how important school was. His mother held a master’s degree in sociology from the University of Minnesota and was looking at law schools before she died.

This was a family that loved the Twin Cities.

It was the University of Minnesota that brought the family from Nigeria to the United States. Another sister, an Arizona resident, had attended the university 35 years ago. When her siblings visited her, they fell in love with the area and would make the move ten years after that. Only one brother lives in Nigeria.

The driver of the van, John Barbington, 52, is in serious condition that took his wife, son, and mother-in-law. He is known in their neighborhood as a “caregiver.” He takes care of other adults for a Brooklyn Park home health agency. His mother-in-law was a nurse practitioner in Nigeria, but never got a license in the United States.

It was Olabisis, a woman of very few words, who made a very big impact in lives without speaking many words. Approximately 19 years ago, she was involved in another I-94 accident in Minneapolis. Her car was struck by a drunk driver and she lost use of one arm. However, she learned to live without it.

Other members of the family who survived the crash but were in the hospital include Fisayo Barbington, 15; Faith Barbington, 12; Tobi Barbington, 5; and Oluremi Ogundare, 61.