Florida Child Injury Law Blog

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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.”

Obesity in children can lead to a shorter life.  Those are the results that were found in a study published this week by the New England Journal of Medicine.  Thousands of children were tracked through adulthood and the heaviest youngsters were more than twice as likely as the thinnest to die prematurely, before age 55, of illness or a self-inflicted injury.

 A condition called pre-diabetes brings great concern. Youngsters with this condition were at almost double the risk of dying before 55, and those plagued with high blood pressure were at some increased risk. Obesity however was the factor most closely related with an early death, researchers said.

 “The message here is that if you take your kid to the doctor and the doctor says, ‘Well, their blood pressure is O.K., their cholesterol is O.K. and their sugar’s O.K..,’ the kid who’s obese still warrants our attention,” said Dr. Peter F. Belamarich, chief of specialty medicine at the Children’s Hospital at Montefiore in the Bronx.

 In Florida, 33% of children are considered overweight or obese.  This is higher than the national average of 31.6%.  These statistics have gradually risen since 2003.

Respiratory Syncytial Virus or RSV is responsible for 4,500 deaths and 125,000 hospitalizations of young children each year.  The symptoms of the RSV virus are similar in nature to the common cold:  cough, congestion, sneeze, runny nose and fever. 

Dr. John Prpich, a Tampa pediatric pulmonologist, said in an interview  that newborns are among those most at risk to the virus, as are premature babies and children with other health conditions, such as congenital heart disease and cystic fibrosis. Annually, an estimated 2 million children, 5 years old and younger will require medical attention for RSV-related illness, a 2009 New England Journal of Medicine report said. 

 Florida has the nation’s longest RSV season.  In the Tampa area, the virus generally is in peak season between August and March.  St. Joseph’s Children Hospital treated 332 hospitalized cases alone last year.

 Parents can find out more about RSV by visiting rsvprotection.com, there you’ll find helpful facts and resources that detail the virus.

Rsvprotection.com

http://www.rsvprotection.com/what_is/what_is.aspx

Case reports from the cancer study clearly reinforce the findings. 

 Lead researcher, Susie Pearce of London’s University College Hospital, stated that in one instance, a young woman “thought she was going mad” after three months of headaches and 12 visits to doctors.  Upon breaking down and crying at her doctor’s office, she was referred to a specialist.  She subsequently was found to be suffering from neuroblastoma, a cancer of the nerve tissue.

 In a particularly alarming case, a 22-year-old woman had a variety of symptoms.  They included frequent diarrhea, abdominal pain and rectal bleeding.  These continued for nine or ten years before finally she was diagnosed with colon cancer.  The cancer had spread to her liver. The woman has since died.

 Receiving prompt medical care is of utmost importance when we suspect that a loved one such as a teen, young child or even ourselves, are suffering from an ailment or symptom.  If you think your symptoms are being overlooked, see another physician or speak to a specialist.

A health news report published interesting information on the subject of cancer being overlooked among teens.  In a unique study, British researchers are concluding that teen and young adult cancer patients often feel frustrated that their symptoms are not taken seriously. 

 Interviews with 24 cancer patients between the ages of 16 and 24 revealed one common thread: a perception existed among these patients that they were not being listened to and that cancer was being ruled out as the result of their age.     

 Dr. Gregory H. Reaman, a pediatric cancer specialist at George Washington School of Medicine in Washington, D.C., agreed with the study noting the situation is similar in the U.S. “And it’s true for children, not just teens and young adults,” he says.

“The symptoms are pretty nonspecific — lethargy, pain, fever,  for example. So they are generally attributed to a benign condition, other than cancer, given the rarity of cancer in this age group,” Reaman says. Reaman also stressed however, that if symptoms persist they should be checked out.

Young people aged 15 to 24 account for less than 2% of all cancer cases worldwide.

The news of a “cancer cluster” in The Acreage, a community near Palm Beach, Florida this week has been very disturbing.  The most distressing aspect was revealed Wednesday when state health officials announced that they would mount a campaign to raise awareness about childhood brain cancer rather than search for the environmental cause of the cancer cluster. 

Dr. Alina Alonso, director of the Palm Beach County Health Department said the state’s investigation hasn’t uncovered the reason behind the Palm Beach County community’s elevated levels of childhood brain cancer and brain tumors. Alsonso gave no hope that even after investigators wrap up the 2^nd phase of their work next month that an answer will be found. 

Senator Dave Aronberg, D-Greenacres, an attorney general candidate countered with his own comments saying, “It’s unreasonable to simply say there is no known cause, when many factors could have contributed to environmental contamination in The Acreage.”  The concerns lie in large groves and farms, and most notably in the nearby Pratt & Whitney plant, which has spilled chemicals on its property over the years.  The Health Department director pointed out to reporters that she has “nothing saying these cancers are a result of Pratt & Whitney.”

Results released Monday confirmed suspicions and fears.  Higher rates of brain tumors and cancer are evident in the 32,000-39,000 residents of this rural Palm Beach community.  The data reveals “significantly elevated” pediatric brain and central nervous system cancers, particularly for girls, in those up to 19 years old.

What’s next?   That part is unknown as this promises to be an incredibly frustrating and frightening series of events for the residents at The Acreage.  For the latest information visitors can find out more at acreageforum.org. 

What brings on hearing problems in children? There are two basic kinds, congenital and acquired. Congenital means that the problem existed at birth. Acquired hearing loss appears after birth. Its onset can come at any time as a result of a disease, a condition, or an injury. The American Speech-Language Hearing Association provides a list of some examples of conditions in which children can acquire hearing loss.

 Ear infections (otitis media)
 Ototoxic (damaging to the auditory system) drugs
 Meningitis
 Measles
 Encephalitis
 Chicken pox
 Influenza
 Mumps
 Head injury
 Noise exposure

Physicians who suspect a child is suffering from a hearing loss need to act fast and order an audiologic testing to determine the nature and extent of the loss. Early treatment is essential so the disorder does not become irreversible.

Children learn speech and language from listening to other people talk. The first few years of life are especially critical for this development. If a hearing loss exists and goes unrecognized, a child does not get the full benefit of language learning experiences.

The American Speech- Language Hearing Association

http://www.asha.org/public/hearing/disorders/causes.htm

 Every year there are tens of thousands of serious accidents related to All-Terrain Vehicles.  Safety should be of utmost importance to all drivers, but especially to those children under the age of 16.  Make sure you understand state by state regulations that apply in terms of children’s operating restrictions.

 The following is a list of safety tips from the US Product Safety Commission:

• Children and young people under the age of 16 should not ride adult ATVs.
• All ATV users should take a hands-on safety training course.
• Always wear a helmet and safety gear such as boots and gloves while on an ATV.
• Never drive an ATV on paved roads.
• Never drive while under the influence of drugs or alcohol.
• Never drive a youth or single-rider adult ATV with a passenger, and never ride these vehicles as a passenger.
• Some ATVs  are designed for two riders. Passengers on tandem ATVs should be at least 12 years old.

 The ATV Safety Institute reports that 90% of child injuries on ATVs are caused by improper  driver behavior. A child should not operate an all terrain vehicle without the supervision of an adult.

Find additional information about  What To Know About the Dangers of ATVs and Children on our Florida Child Injury website.

For a FREE consultation with a Florida Personal injury lawyer about your accident case, contact our office @ 1-888-340-0840.

All-Terrain vehicles have been popular since their inception almost forty years ago. 

 Naturally, the risk for accidents involving children is high.  The American Academy of Pediatrics recommends that children under the age of 16 be prohibited from operating ATVs.  State by state, regulations differ in terms of restrictions placed towards adolescents.    

 In 2008, 74 children died and another 37,000 had accidents related to ATV’s that required them to go to the emergency room.  These figures actually represent a drop from the previous year.  Rachel Weintraub, director of product safety for Consumer Federation of America isn’t certain what caused the decrease, but said more needs to be done.  “Is it because incidents with recreational off-highway vehicles (ROVs) were taken out of the report; is it because fewer children are riding ATVs that are too large for them; is it because of higher gas prices; or is it because educational efforts are becoming effective?” she asks. “We need to replicate what is going right and do more to reduce these numbers significantly.”

 In Part 2 of this report we will look at ATV safety tips that all families should  follow.