Danfortht Why have you deleted your thread?

[rmet4nzkx]

What is the name of your state? FL
Why did you delete your thread, I am trying to help you!
Here are my remarks that I could not post
You may also want to call the city building inspector and inform them of the failure of the installed changing table, they can inspect to be sure it was installed according to code.

Consult with another attorney, one with experience in successfully prosecuting closed head injuries. A positive CT need not be a hinderence to a good case.

Children are somewhat plastic so a positive CT would be unusual even if there a significant injury. There could be inuries such as a basilar fracture from this type of fall that would not show up in the screening CT especially if the slices were >4mm in thickness. There could be delayed bleeding. Because blood becomes hyposense after 72 hours, subsequent CT may not reveal evidence of bleeding and neither may a MRI but one may be more appropriate at this stage expecially if the slices were >4mm. Ask your Peds dr for a referal to a peds neurologist and possible testing over time by a neuropsychologist. Be on the lookout for signs of increased icp, bleeding or seepage of CSF. Child may be at greater risk for seizures.

Here are your previous posts:

Today 08:56 AM
danfortht What is the name of your state? Florida
I recently took my 11month old baby into a McDonald's to change his diaper. It was a vertical, pull-down table that you pull down towards you. I laid my baby on the table and went to strap him in when the ENTIRE changing table came out of the wall and slammed my baby to the floor. The backside of it, the heaviest part, then slammed down onto his face, basically like a sandwich. My baby was not breathing when I picked him but soon began to scream.
We filed an accident report before taking him to the ER. The ER performed a CT scan and the doctor said it "appeared" normal but to watch him very closely.
My husband drove back to the McDonald's the next day to take pictures of the wall and the baby changing table. It looks as though it had fallen out previously, as the two right side anchors were completely bent at a 90 degree angle and could of never been in the holes at the time I placed my son on to the table.
As a mother, I have never honestly thought that something lke this could happen. Of course, I have thought that a baby could fall from a changing table but never once did I think a company would be allowed to offer a device made soley for babies without having any safety guidelines or maintenance established. I don't know what to do. McDonald's insurance company is supposed to call today. I have no idea what effects this will/has had on my baby. He is too young to tell me that he is hurting. He has been very fussy ever since it happened and pulling on his ears and face.
I need advice.

RMET:
Exactly how long ago did this happen? Your husband took pictures to document and you took your child to the ER & had a CT. So it is pretty clear that you have documented much. Have you called the local health department or OSHA? They might inspect. Has there been anything done to prevent it's continued use? Have you taken your child to their peds doctor? Have you called a personal injury attorney?

This happened on Sat. March 25th, 2006. We're taking the baby in to see his pediatrician in 1hr. to examine him. I hadn't thought about contacting the health department, but that's a good idea. I did write in to Mcdonald's Corp. and they notified the franchise owner, who in turn just had his supervisor call us. He was headed down to the store to check everything out himself and said he would call me later today. I did talk to a lawyer here in town and he basically sounded like since the CT scan came back ok that it would be hard to win a case and didn't sound interested in it.
The fall was 3 1/4 feet to a hard tile floor, with the back of the changing table slamming down on his face. I have a hard time believing that it DIDN'T cause any injury and why has he been so fussy since this accident?
I will try to post pics for you to see, it might help.
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[danfortht]

Thank you so much for your insightful and helpful post. I deleted my post b/c another poster was being extremely rude. I've never post on here before so I am not sure how things work here. Thanks for taking my post seriously. I will be printing this out to take to my ped appt.
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[rmet4nzkx]

Originally Posted by danfortht

Thank you so much for your insightful and helpful post. I deleted my post b/c another poster was being extremely rude. I've never post on here before so I am not sure how things work here. Thanks for taking my post seriously. I will be printing this out to take to my ped appt.
--

Please give us an update also be careful what you say to the insurance inspectors from MD before you have obtained counsel.

[You Are Guilty]

Originally Posted by danfortht

Thank you so much for your insightful and helpful post. I deleted my post b/c another poster was being extremely rude. I've never post on here before so I am not sure how things work here. Thanks for taking my post seriously. I will be printing this out to take to my ped appt.--

Good grief lady, if you think I was rude, you better take some Valium before you go to your deposition.

(Rmet, how about posting my reply as well so other readers know exactly what we're talking about here.)

[rmet4nzkx]

Originally Posted by You Are Guilty

Good grief lady, if you think I was rude, you better take some Valium before you go to your deposition.

(Rmet, how about posting my reply as well so other readers know exactly what we're talking about here.)

I didn't want to quote yours without permission and I was on my way out so no time to PM you first.

Today 09:18 AM

Originally Posted by You Are Guilty

You need advice on what, precisely? How to properly mount a baby changing table to a wall?

Today 09:21 AM

Originally Posted by danfortht

Is that supposed to be humerous? I thought this was a board to "help" people? I guess I was wrong.

Today 09:29 AM

I repeat, what, exactly, did you want advice about? If you have an actual legal question, ask it. And I hate to be the one to tell you this, but if the table was properly mounted to the wall, the mere fact that it fell off means squat. (In fact, it means McDonalds has a pretty good case against you for misusing and breaking the table).

If you just wanted someone to "pooh pooh" McDonalds with you, then you're in the wrong place. You didn't hit the lawsuit lottery and we're not going to waste our time playing 20 Questions with you.

[jypsy_rose_lee]

AYQ, have you ever seen the baby changing tables at McDonalds? If the one she used is like the ones i'v used,you don't mount them to a wall before you can use them.They are already mounted to the wall,you just simply unfold them so you can lay the baby down.Personally,I only used one once for my baby,they just don't look safe.If I had to change my baby I would lay a blanket on the floor and change him.After reading this I'm glad I don't use them.I hope your baby makes it through this with no permenet injuries.

[rmet4nzkx]

Originally Posted by jypsy_rose_lee

AYQ, have you ever seen the baby changing tables at McDonalds? If the one she used is like the ones i'v used,you don't mount them to a wall before you can use them.They are already mounted to the wall,you just simply unfold them so you can lay the baby down.Personally,I only used one once for my baby,they just don't look safe.If I had to change my baby I would lay a blanket on the floor and change him.After reading this I'm glad I don't use them.I hope your baby makes it through this with no permenet injuries.

The point was that it was mounted to the wall, possibly, improperly and thus fell off the wall with baby. Most of the ones I have seen are mounted differently than the one in the pictures so there is greater weightbearing surface and less weight cantelevered away from the wall eg so the baby lays with their length alongside the wall rather than away as in the faulty changing station. I'll have to look at my local MD's to see if it is different, I have never seen one in CA like the one in the pictures where the length of the baby faced away from the wall so perhaps it is a code requirement.

OP, what happened at the doctor's visit?

[danfortht]

The doctor said he appears "clinically" okay but that since it was a significant fall and he is so young, we will just have to watch and see. She said any problems he would have would be neurological such as seizures (like you said), learning problems, speech problems, etc.
None of the lawyers we have contacted are interested in the case. Whether it's personal injury, product liability, it doesn't seem to interest anyone. I don't understand how a company can offer a product like this, especially in a place such as McDonald's where there number commitment to customers is supposedly "cleanliness and safety," but not have strict laws and guidelines as to not only the correct installation of the product but also the maintaining of the product's safety.
The anchors that were used do not appear to be adequate to hold that much weight and I cannot believe that those bent anchors on the right side were in the wall at the time I placed my baby on the table.
Like I said before, if I was to walk into a public restaurant and lift my baby up high and throw him to the ground, I would not only be put in jail but I most likely would have my child taken from me. Well, how is then that McDonald's can offer a product, that essentially is arms to hold your baby, not be responsible for slamming my child to the floor? Somebody was negligent and to me it is criminal.
Maybe I don't have a case, but I do plan to warn other parents about this through parenting magazines, media and newspapers. Most parents I have talked to have never thought about this happening when using a public changing table, yes we worry about cleanliness or a child falling off due to parental negligence, but not this.
Thanks for your help on the issue.

[You Are Guilty]

Originally Posted by danfortht

None of the lawyers we have contacted are interested in the case. Whether it's personal injury, product liability, it doesn't seem to interest anyone.

This fact alone should be a big clue as to the legal implications of this incident.

I don't understand how a company can offer a product like this, especially in a place such as McDonald's where there number commitment to customers is supposedly "cleanliness and safety," but not have strict laws and guidelines as to not only the correct installation of the product but also the maintaining of the product's safety.
The anchors that were used do not appear to be adequate to hold that much weight and I cannot believe that those bent anchors on the right side were in the wall at the time I placed my baby on the table.

If you can find an expert engineer who will say that under oath, you have a claim you can persue. Otherwise, what is your personal expertise that permits you to make such a judgment about construction techniques?

Like I said before, if I was to walk into a public restaurant and lift my baby up high and throw him to the ground, I would not only be put in jail but I most likely would have my child taken from me. Well, how is then that McDonald's can offer a product, that essentially is arms to hold your baby, not be responsible for slamming my child to the floor? Somebody was negligent and to me it is criminal.

No one is guaranteed absolute safety in their lives. Accidents happen, and just because they do, it doesn't automatically means someone was negligent. Of course, if this table was properly mounted, the inescapable conclusion is that you were the reason it broke.

Maybe I don't have a case, but I do plan to warn other parents about this through parenting magazines, media and newspapers. Most parents I have talked to have never thought about this happening when using a public changing table, yes we worry about cleanliness or a child falling off due to parental negligence, but not this.

And before you do that, you may want to brush up on the slander/libel laws. The recent case of the woman who "found" a finger in Wendy's chili comes to mind.
[url]http://www.cbsnews.com/stories/2005/04/22/national/main690082.shtml[/url]

[rmet4nzkx]

Did you report this to the local building inspector or code enforcement?

[danfortht]

Originally Posted by rmet4nzkx

Did you report this to the local building inspector or code enforcement?

I reported it to the local BBB. I hadn't thought of reporting it to a building inspector, Iwill have to do that. The insurance company contacted me and said they will cover his medical bills and stay in contact with me about further injuries that may arise as he gets older. She said the insurance McDonald's carries only covers customers who are injured in the restaurant, they do not cover or insure products such as changing tables, chairs, counters, etc. She said McDonald's is responsible for maintaining the safety of their products.
I haven't heard back from the Supervisor of that McDonald's or from their Coporate office.
I honestly just don't want this to happen to any other infant or child.
Thanks for your help on this issue.

[rmet4nzkx]

Originally Posted by danfortht

I reported it to the local BBB. I hadn't thought of reporting it to a building inspector, Iwill have to do that. The insurance company contacted me and said they will cover his medical bills and stay in contact with me about further injuries that may arise as he gets older. She said the insurance McDonald's carries only covers customers who are injured in the restaurant, they do not cover or insure products such as changing tables, chairs, counters, etc. She said McDonald's is responsible for maintaining the safety of their products.
I haven't heard back from the Supervisor of that McDonald's or from their Coporate office.
I honestly just don't want this to happen to any other infant or child.
Thanks for your help on this issue.

What could the BBB do? Call OSHA, Health Department and building inspectors.