Florida Child Injury Law Blog

The U.S. Department of Health and Human Services has a great deal of information for parents concerned about Bisphenol A, also known as BPA.

 Here are some safety tips  the HHS lists for families to limit a newborn’s exposure to BPA.     

 *Follow Recommended Guidelines to Feed Your Infant – HHS supports the American Academy of Pediatrics’ recommendations for infant feeding and supports breastfeeding for at least 12 months whenever possible, as breast milk is the optimal source of nutrition for infants.  

 *Discard Scratched Baby Bottles and Infant Feeding Cups -Worn baby bottles and cups are likely to have scratches that harbor germs and – if they contain BPA – may release small amounts of the chemical.

 *Temperature Matters – Be careful how you heat up your child’s breast milk or formula.  Studies have found there is a very small amount of BPA in plastics and other packaging materials that can transfer to food and liquids. 

 *Check the Labels On Your Bottles and Food Preparation Containers - As a good household practice, only use containers marked “dishwasher safe” in the dishwasher and only use “microwave safe” marked containers in the microwave.

BPA is one of the world’s highest production-volume chemicals and is used in making baby bottles, pacifers, sippy cups and baby toys.  Many states have passed laws banning the use of the chemical BPA in products intended for children under the age of three. Playtex and Gerber have announced they will stop using BPA in the production of their baby bottles. For more consumer information on child injury protection and child safety, visit our Florida Child Injury Lawyer section of our law firm website.

A USA Today Greenhouse report states that a dozen states are moving forward in considering restrictions this year on bisphenol A, an estrogen-like chemical implemented to solidify plastics in products such as bottles and cups, and widely used in  baby bottles.  The chemical is also present in the linings of metal cans, including infant formula, in order to hold up to high sterilization temperatures.

 According to WebMD, millions of tons of BPA are made annually. The Centers for Disease Control and Prevention estimates that more than 90% of Americans have measurable levels of BPA in their bodies.  Children have higher concentration levels of the chemical than adolescents or adults. 

 Last month, the FDA which in years past had deemed BPA safe, expressed “some concerns” due to new studies regarding the chemical’s potential side effects on the brain development of fetuses, infants and children. 

 The Greenhouse report states that Connecticut and Minnesota passed the first state mandate on BPA in food and drink containers intended for those 3 and younger.  Bills are now pending in Oregon, Maryland, Missouri, New Jersey, New Mexico, New York, Pennsylvania, Vermont and Washington, D.C. 

Here are a few things to know about BPA, as summarized from an advisory by the Department of Health and Human Services:

    •    Plastic containers have triangular recycling codes on the bottom. Some   numbered 3 and 7 may contain BPA. Those numbered 1, 2, 4, 5 and 6 very likely do not.
    •    Do not put warm or hot liquids into BPA containers.
    •    Do not use them if scratched.
    •    Most baby bottles are BPA-free because of voluntary changes by major manufacturers. Pacifiers and toys use materials without BPA.

The Dodson Law Firm is dedicated to providing  consumers the latest information and news related to child safety issues and injury protection. For additional  resources please visit our Florida Child Injury Lawyer website @http://www.jwdodsonlaw.com/practice_areas/child-injuries1.cfm

Early Friday morning a New Port Richey couple were about to retire to bed when the unexpected happened. 

 “We were walking into the bathroom and we heard this … crash. I came outside, saw the car where you see it now.”  A teen driver lost control of her car, sideswiped another vehicle, drove through the front yard and crashed into the home of Michael Whaley.  The impact pinned a van inside the garage.  Troopers cited the 17-year-old driver with careless driving.

 “I asked both kids… if either were hurt,” the retired police was quoted as saying.   Very fortunately for the teen and her passenger, there were no serious injuries in the car crash. Whaley’s home, though reportedly,  has $20,000 in damages. The accident could have had  serious injuries and consequences  had he and  his wife  been in the area where the car crashed. Whaley, it seems from a news report,  had a fairly calm reaction to the evening’s events and was relieved  no one was injured.

He remarked,  ”I got insurance…everybody got insurance.” Fortunately, in this case it sounds like insurance is not an issue, but that’s not always the case.

Many drivers in Florida are extremely underinsured and unprepared if they are responsible for damages far beyond the coverage they bought.  The damage to property caused in this accident may be covered by the driver’s Property Damage insurance on any policy insuring the car. Too many Floridians opt for the minimum Property Damage coverage of $10,000. Such coverage would pay for only half the reported loss to the home in this accident, leaving the driver on the hook potentially for the rest. Far too many crashes involving expensive cars cause property damaged liablity well in excess of $10,000 and drivers need to be aware of such potential liabilty and get the coverage they need. 

In addition,  many injured people I see in my office after an auto accident believe they have full coverage or are unclear about what they do have. Unfortunately, there are many uninsured or underinsured drivers on our roads – as many as 665,000 Florida drivers have no insurance, according to a 2004 report.  The Dodson Law Firm stresses the importance of uninsured motorist coverage - the least expensive and best bargain when it comes to your coverage. Check your policy’s coverage today!

For more information on car insurance from Florida Car Accident and Child Injury Lawyer Jim Dodson, request a FREE copy of his consumer guide about Buying Car Insurance in Florida It’s available on Amazon for $12.95 but offered at NO COST to Florida drivers on our website www.JWDodsonlaw.com.   

Last week news came from the U.S. Product Safety Commission, as they announced that U.S. subsidiaries of Japanese retailer Daiso, had agreed to pay a $2 million  penalty upon accusations they imported lead-tainted toys and dangerous children’s products. The companies based in California and Washington will not be able to import children’s products until they prove them to be safe. 

 CPSC Chairman Inez Tenenbaum said, “This landmark agreement for an injunction sets a precedent for any firm attempting to distribute hazardous products to our nation’s children.  We are committed to the safety of children’s products and we will use the full force of our enforcement powers to prevent the sale of harmful products.” With this fine, Daiso has initiated a new product quality and safety program.

Lead is a dangerous substance for young children.  Young children and babies are more susceptible to the dangers of lead poisoning  because they frequently put their fingers and hands into their mouths. Young children’s bodies also absorb more lead because they are growing and their brains and nervous systems are more sensitive to the damaging effects. When lead poisoning is not detected early, children can suffer: brain damage  and nervous system damage, headaches, behavior and learning problems,  slowed growth and hearing problems.

If you suspect there is  lead in your home or that your family has been exposed to lead, have their lead levels measured with a simple blood test.

If your child suffered an accident or an injury because of the negligence of another person, contact our Florida Child Injury lawyer for a FREE consultation @ 1-888-340-0840.

Parents always have to be ready for the unexpected minor injuries children suffer as they grow.  A well-stocked First-Aid Kit is a good precautionary measure to  protect young ones from common childhood bumps and bruises and an essential to have at home. 

 Dr. Robert Steele is a board certified pediatrician, as well as an expert contributor to ivillage.com.  Here’s a list of 17 items he feels every First-Aid Kit must have.

•  Acetaminophen or ibuprofen
• An accurate measuring device
• Ice packs
• Elastic and adhesive bandages
• Gauze and adhesive tape
• Small sharp scissors
• Alcohol pads
• Thermometer
• Petroleum jelly (Vaseline)
• Calamine lotion
• 1-percent Hydrocortisone ointment
• Diphenhydramine (Benedryl)
• Antibiotic ointment
• Self-injectable epinephrine
• Tweezers
• Penlight
• List of important phone numbers 

 You can also find additional information on First-Aid Kits at KidsHealth.org.  Consider keeping one kit at home and one in the car.    

The driver of a car struck two children,  a teenager and her younger brother as they were walking home from school at  Gulf Trace Elementary on Tuesday afternoon, according to a news report. The news article stated the woman driver may have blacked out while driving.

 The boy suffered a broken leg and the girl incurred head and neck injuries in the collision.  A Pasco County spokesperson stated that the injuries are not life threatening.  The Florida Highway Patrol does not believe that the accident is alcohol related.  The pedestrian accident is under investigation. 

 It was reported that both of the children were taken to Bayfront Hospital to be treated for their injuries.  In pedestrian accidents such as this, when a victim suffers a head and neck injury it’s always best to exercise extreme caution and watch  for any signs of a closed head injury -  never underestimating the extent of the injury.  Serious injuries can create substantial medical costs which at times may exceed the policy limits of the insured’s coverage.

Last week in Orlando, a group of 50 parents, volunteers and children all gathered in front of City Hall to voice their support of the Freedom Ride program.

 The program aids disabled youths and adults at Trotters Park through therapeutic horseback riding.  Those who participate in Freedom Ride are living  with a variety of disabilities and life challenges, some of which include: cerebral palsy, muscular dystrophy, multiple sclerosis, ADD, autism, deafness, and blindness.

 The city of Orlando has decided not to renew the lease at Trotters Park after it expires next year.  It’s reported that city officials feel the land is needed for more soccer and basketball facilities. 

 The mother of one child, Jonathon Forthuber, who has cerebral palsy, explained the importance of the program. “He can’t walk, so when he’s on a horse, he’s walking. Things these kids shouldn’t be able to do, they’re doing. They ought to have an opportunity to keep doing it.”

 Mayor Buddy Dyer is exploring other options to possibly facilitate the needs of the program. 

The Dodson Law Firm wishes the families, children and volunteers well in these efforts and hope their voices will be heard by city officials. Freedom Ride sounds like an extremely worthwhile program, reaching out to the more than 50,000 disabled people  in the Central Florida area while providing an invaluable opportunity for this group of  children and adults.

Two years ago when a 15-year-old autistic boy came home his parents found him with a contusion on his forehead and a scrape on his nose.  What happened?  That’s the debate that is going on in an Orlando federal courthouse, according to a news article published by the Orlando Sentinel.

 Rosmarie and Lawrence Casto have filed a lawsuit against the Princeton Charter School alleging that the school physically abused their son, Christopher. 

Also alleged is the staff tackled, jumped and sat on Christopher — depriving him of breath — and held his face against the ground.

 Princeton House officials maintain that they did nothing wrong and that their staff responded to the teen’s behavior correctly.  “He was just being violent,” said Carol Tucker, executive director of the Princeton House. 

 Staff had to restrain Christopher because of potential injuries to other people, as well as property damage that could have been incurred, she said.  “We do the best we can under terrible situations,” she said.

 Christopher, the report states,  now lives in a group home, where he requires a strict routine and consistent care.

Today, weight loss surgery is not limited to only adults.  In a recent report by the New York Times, Dr. Evan Nadler, co-director of the Obesity Institute at Children’s National Medical Center in Washington stated, “I honestly believe that in 5 to 10 years you’ll see as many children getting weight-loss procedures as adults.”

 There are concerns, however.  “You don’t really know what the outcome is,” said Dr. Edward Livingston, chairman of gastrointestinal and endocrine surgery at the University of Texas Southwestern Medical Center at Dallas. “You talk about the benefit being that it prevents kids from terrible chronic disease later in life. But some of them are going to regain weight. Some of them are going to have long-term complications and we won’t find out until later.”

 The questions that come to mind are obvious.  Are the surgical measures appropriate?  Would a diet and lifestyle change be more fitting?  While bariatric surgery may be warranted in some instances in order to prevent a child from suffering serious complications from obesity, given some of the questions that have been raised it clearly is not a surgery performed because of cosmetic reasons.

Dr. David Ludwig, a pediatric endocrinologist at Boston’s Children’s Hospital and a leading expert on the subject, understands the pros and cons. He asserted in an online report that surgery with appropriate safeguards may be an option for those that have been carefully screened and have failed to have any success with other measures. 

But clearly there are risks. Bariatric surgery, he said, “can result in horrendous complications, require repeat surgeries and create a whole new set of medical problems.

 In the coming years more studies will undoubtedly emerge.  For more information on this important topic, the Mayo Clinic provides a wealth of resources regarding childhood obesity and treatment options.

Understanding and protecting the rights of children is imperative.  No parent, guardian or caretaker of a child should ever leave a child unattended in a motor vehicle.  This applies not only to family members but naturally to babysitters and day care centers as well.    

Children suffer serious bodily injuries and death being left in a car from a variety of dangers such as: extreme heat  or hyperthermia, strangulation from activating power windows and crashing when a car is knocked into gear. 

Florida State Statute:  FSS 316.6135 states  the following about leaving children unattended or unsupervised in a motor vehicle and the penalty of doing so.

“No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor vehicle is running or the health of the child is in danger.” “Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of:  Not more than $100; or not less than $50 and not more than $500 if the motor vehicle was running or the health of the child was in danger at the time of the violation.”

Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove him from the vehicle. If the child is removed from the immediate area notification should be placed on the vehicle.

Twelve states have laws specifically prohibiting leaving young children alone in cars. Child advocacy organization, Kids and Cars has been an influential lobbying group in the effort to toughen up legislation addressing the problem. “We’re trying to get people to realize it is just as dangerous to leave a child alone in a vehicle as it is to leave him near a body of water,” said founder and president Janette Fennell.  She reports “There are more states that make it illegal to leave an animal alone in a car than a child,  there has to be a specific law to make it illegal to leave a child alone. We want people to understand the dangers.”