Florida Child Injury Lawyer Blog

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

Fifteen year old Taylor Garrison recently gave birth to a daughter, Brielle Garrison, in Wellington, Florida. The child suffers from a very rare condition, called Anophthalmia, which results in a lack of ocular tissue.

The doctor on the case, Dr. Lee Friedman, of the Microsurgical Institute, reported that the last time he saw a case of Anophthalmia was twenty two years ago. He further stated that the disorder is not hereditary, but rather is caused by a sporadic mutation. The disorder occurs in one out of every one hundred thousand births, and its cause is unknown.

The Garrison family will now have to consult with a large number of doctors, surgeons and specialists who will try to ensure that the disease does not cause the baby’s face to be deformed as she grows. The family and doctors hope that more families of children suffering from the rare disorder will come forward so that more medical attention will be focused on the matter.

The young mother has vowed to treat Brielle just like any other child. You can read more about this unusual disorder and the Florida family who is dealing with it at A Rare Condition Causes Baby in Florida To Be Born Without Eyes.

A twenty seven year old mother accidentally scalded her five month old son with hot bath water. Apparently, the woman was drawing a bath for the child when she saw a spider in the bathtub; when she attempted to wash the spider down the drain, it jumped out of the tub and onto the child’s arm. She then tried to rinse the spider off of the child by putting the child directly under the running water, not realizing that the water was too hot. The child was brought to the local fire station, where he was found to have second degree burns on his body.

Investigators have determined that the incident was an accident. Other family members at the home told investigators that they were not aware that the hot water heater was set so high. A Pasco County, Florida sheriff’s deputy watched the child’s grandfather turn the heat down. The child has been released from the hospital and is recovering at home with his family.

This unfortunate accident drives home the point that parents need to be vigilant to protect their children at all times. Read more about this unfortunate accident at Mother Trying To Kill Spider Scalds Baby.

If a child has been injured by someone else’s negligence, a Florida Child Injury Lawyer can advise you as to your child's legal rights and the laws pertaining to damages / compensation for these injuries.

Tonuya Rainey, of Miramar Florida is a mother to eight children. Reportedly, when her sixteen year old daughter became pregnant, Ms. Rainey did not want her to have the child, fearing that it would cause her daughter to miss out on a lot of things. Since she did not have the money to pay for an abortion for her daughter, Ms. Rainey gave the twenty four week pregnant woman pills to induce labor. Ms. Rainey’s daughter claims that the child was born alive, Ms. Rainey claims that the child was stillborn. They both admit that Ms. Rainey then discarded the body in the trash.

Ms. Rainey pleaded guilty to seven charges, including child abuse, termination of a pregnancy and practicing medicine without a license. Her attorney asked the judge for leniency, saying that Ms. Rainey took these actions out of a misguided attempt to provide her daughter with a better life. The Judge sentenced Ms. Rainey to two years of house arrest and five years of probation.

Read more details of this story at Tonuya Rainey Avoids Jail After Forcing Daughter to Have Abortion; Dumped Boy in Trash.

On Saturday, nine year old Joseph Vanhouse spent the day with friends at the Gasparilla kid’s parade and then joined six other kids for a sleepover at a friend’s home. Sometime in the early hours of Sunday morning, an SUV driven by a teenager crashed through the side of the home where the children were sleeping. The SUV struck a car parked in the driveway before hitting the house, launching the other car into the side of the home as well.

Joseph Vanhouse was sleeping on the couch in the living room when it was struck by one of the vehicles, and the child was sent flying about fifteen feet onto a tile floor. He was taken to St. Joseph’s Hospital and is being treated for a fractured skull. According to the homeowner, Ray Dunnings, the SUV crashed all the way through the home, taking out a back wall. Dunnings reported that a young girl had been sleeping in a chair that was directly in the path of the SUV, but had moved sometime before the accident occurred.

The driver of the car was a seventeen year old boy, who according to police was speeding and ran a stop sign. Police also report that there were two other teenage passengers in the car who attempted to flee the scene. Police also have reason to suspect that the teenagers were under the influence of a controlled substance. Police are waiting for toxicology reports to come back before filing any criminal charges against the driver. Read more details of the accident that injured a nine year old Florida boy at 9-year-old's skull fractured after SUV slams into home.

If you live in Florida and your child has been injured in an accident, please contact our Jacksonville, Florida area law firm for child injury legal counsel.

Samantha Burton of Tallahassee, Florida was twenty five weeks pregnant when she began to go into premature labor, and went to the hospital on the advice of her doctor. The hospital wanted to keep her on bed rest until her delivery, some three months away. When Burton indicated that she wanted to go home to care for her two toddlers, the hospital obtained a court order to force Ms. Burton to submit to forced bed rest any medical care deemed necessary to sustain the life of her unborn child. For three days, Burton was confined to her bed at Tallahassee Memorial Hospital against her will. At the end of three days, Ms. Burton suffered a miscarriage and was released from the hospital.

She has now enlisted the aid of the Florida American Civil Liberties Union to strike down the court order that took away her power to make her own medical decisions. Burton’s lawyers have argued that the Leon County Court, which issued the original order, has set a “dangerous precedent.” The ACLU is arguing that a woman does not give up her right to determine the course of her own medical care when she becomes pregnant. Ms. Burton’s lawyer has accused the state of acting unconstitutionally by infringing on Ms. Burton’s rights to privacy and liberty.

The Florida Attorney General’s Office has argued that the State of Florida exercised due process by intervening to save the life of Ms. Burton’s unborn child. Read more of the details of this case at Pregnant Woman Fights Court-Ordered Bed Rest.

If you or your child has been injured due to medical malpractice, please contact our Jacksonville, Florida area law firm for child injury lawyer.

South Florida may emerge as the main hub for treating injured victims of the recent earthquake in Haiti. Injured children and adults have poured into south Florida hospitals and the Homestead Air Reserve base, and many more are expected to arrive over the coming days. The injured include mostly United States and Haitian citizens. According to the United States' State Department, nearly forty five thousand United States residents live in Haiti, and many more visit there as missionaries or tourists.

Florida Senator Bill Nelson has called on more Florida hospitals to open their doors to victims of the disaster. He stated that Florida’s children’s hospitals are uniquely suited to help the critically injured children. It is not at all clear how many more refugees from the disaster will come to Florida.

The State of Florida and its hospitals should be commended for stepping in quickly to aid those in need. You can read more about Florida’s mission to help injured children and other victims of the 2010 earthquake in Haiti at Injured victims starting to arrive.

In a recent opinion-editorial (op-ed) piece on Jacksonville.com, a Jacksonville, Florida father shared his feelings about the alternative therapies his family pursued for their Autistic child. The man’s Autistic son has been through several alternative therapies for Autism, including vitamin supplements, B12 injections, hyperbaric oxygen therapy, anti-fungals, and other experimental, or alternative, Autism therapies. He reported that his family spent four years and thousands of dollars on what he termed an “uncontrolled, flawed experiment.”

He believes that the Defeat Autism Now! group and doctors and therapists who subscribe to its methods should be approached with caution. Doctors who are the foremost experts in the field of Autism and represent some of the most esteemed medical institutions in the world frequently criticize the group for promoting therapies that have no scientific basis. The man reports that his family decided to cease all experimental therapies several months ago and his son is progressing without any regression. He encourages families to seek therapies for their Autistic children that are based on sound medical evidence.

You can find out more about this family’s path to help their autistic son at Guest column: Be wary of alternative therapies for autism.

Many Florida children are dealing with very adult issues – including depression, anxiety and other psychiatric illnesses. Florida therapists, counselors and psychiatrists are reporting that children are being diagnosed at younger and younger ages for these illnesses. That has raised serious questions regarding giving powerful psychotropic medications to young children. This is especially a concern for children in the Florida foster care system, where children are prescribed psychotropic drugs at a rate that is higher than that for the general population.

Some professionals charge that children are being given these drugs as an easy fix to get them to behave, instead of being given appropriate structure and guidance. They worry that the drugs may have unknown side effects with long term use. Others disagree, pointing to the fact that children are placed under a great deal more stress at home and are subject to other issues that were not as prevalent ten years ago. They say that children need the drugs in order to concentrate in school and succeed in life.

The decision whether or not to put a young child on medication is not an easy one. Parents should make sure that they educate themselves on the options available so that they can make an informed decision.

Read more about how the state of Florida is dealing with childhood mental illness at Child's suicide raises medication questions.

If your child has been injured by inappropriate medication or poor medical advice, please contact our Jacksonville, Florida law firm for child injury legal counsel.

A baby, who was not even 3 months old, suffered serious personal injuries while under the care of his mother - Madria Eyvette Roundtree. She has been charged with neglect after her baby suffered head injuries. From a story posted at The Palm Beach News Website, the baby may have suffered the injuries from a fall from bed. Thereafter, it appears that there was a delay in getting the baby medical attention. Other family members urged Ms. Roundtree to see more timely medical care and evaluation according to the article.

Of course, Ms. Roundtree is entitled to legal representation on this matter through a private attorney or through the public defender's office. Ms. Roundtree, through her attorney, will probably argue that there was no intent to harm her child and that she was unaware of the severity of the injuries until she took the child into the hospital. There may also be arguments that the delay or alleged delay did not cause any further injuries. Of course, there are a great many of details from a forensic and medical standpoint that will be developed by each side as this case progresses further.

Parenting certainly is not a part time job or responsibility especially when caring for infants and babies. Since children this young cannot communicate their needs or ailments, it is vital that a parent or caregiver is very diligent in getting a child medical care any time there is a doubt or concern about the health or well being of a child.

You can read more about this story at Boynton Beach Mother Charged with Neglect - Child Is Now Deaf and Blind from Head Trauma / Injuries.

]

The Florida Department of Health is investigating a possible brain cancer cluster in The Acreage, a community in Palm Beach County, Florida. Fifteen children in the area have been diagnosed with cancerous brain tumors; thirteen of the children were diagnosed with the disease between 1995 and 2008, while the last two were diagnosed in the later part of this year, just as the investigation was getting under way.

Local parents had believed that contaminated well water was to blame for the outbreak, but the Florida Department of Environmental Protection has performed a random testing of fifty wells in the area and found no contamination. Health officials are currently interviewing residents to try to determine common factors that may lead investigators to the source of the cluster of cancer occurrences.

Parents of children who live in the area will no doubt be very uneasy until the cause of the brain tumors has been identified. Concerned parents can read more about the cancer cluster and the investigation by the Florida Department of Health at Cancer Cluster Investigation Launched in Florida County After 15 Children Are Diagnosed With Brain Tumors.

A class-action lawsuit, filed in 2005 on behalf of the Florida Pediatric Society, Florida Academy of Pediatric Dentistry, and all residents of Florida under the age of 21 who presently or in the future would be eligible for Medicaid, is expected to be argued in Miami soon. The suit accuses the state of Florida of violating federal Medicaid standards. Among other accusations, the suit claims that in 2007 nearly four hundred thousand children on Medicaid did not receive a medical check-up, and that three quarters of a million children on Medicaid did not receive any dental care.

Industry experts point to the fact that Medicaid payout rates are much lower than those for private insurers; that means that many doctors and dentists simply do not accept Medicaid patients. In many cases, Medicaid patients are forced to wait four times as long for an appointment as privately insured children.

Medicaid was designed so that low income children would have access to proper medical care. The fact that so many of them are still going without, points to a problem in the system. Hopefully this lawsuit will help pave the way for these children to get the care they are entitled to. Read more about the case and its allegations at Florida accused of violating Medicaid standards.

The number of homeless schoolchildren in Brevard County, Florida doubled this year to reach an all-time high of 572 students, compared to 274 just a year ago. The majority of these students are classified as “in transition,” living with relatives or family friends after losing their homes to foreclosure. Only 81 students are living in emergency shelters, hotels, or on the streets.

The increase in reported homeless schoolchildren has qualified the Brevard County school system for nearly $100,000 in federal grants to help children in need. The grant funds may be used for case management and to cover college application and testing fees as well as for school supplies, books and even some health care.

It is just one more unfortunate side effect of the bad economy that so many more students are becoming homeless. Children in school should be able to concentrate on learning and growing, but for those without a home or enough food to eat, that can be a real challenge. Hopefully, as the economy begins to turn around, the number of homeless children will drop back to pre-recession numbers. Until then, it is fortunate that there are government grants available to help these children when they are in crisis.

Find out more about the effect of the economy on homelessness in Brevard County, Florida at Homeless students in Brevard get aid.

The March of Dimes recently released its “Premature Birth Report Card.” Florida was awarded an F for its percentage of early deliveries. There were 17 other states that also received an F grade for the percentage of early deliveries. Deliveries that are considered early include naturally-occurring pre-term births as well as elective Cesarean Sections and early inductions.

According to the organization, the United States, as a whole, received a D. The March of Dimes would like to see the number of early births cut in half. To do so, the March of Dimes has suggested that healthcare providers focus on the three major factors that lead to early birth: smoking, elective birth before 39 weeks, and lack of health insurance coverage. Elective birth is particularly exasperating for researchers, because it represents mothers and doctors deliberately deciding to deliver a baby before the baby is due, usually to accommodate the doctor’s or the mother’s schedule.

Cutting back on the number of pre-term births helps the baby live a healthier and happier life according to medical researchers and providers; every extra day a baby stays inside its mother helps it develop its brain and makes it more likely to be healthy at birth. That can prevent future learning problems, which helps not only the family but society as well. Nine months is such a short time in a person’s life. Expectant mothers should follow their doctor’s advice and educate themselves on how to make sure their baby is as healthy as possible. Read more about the report card from the March of Dimes at Florida gets F on early births.

Hayli Murphy was given two H1N1, or swine flu, tests after she became ill a few weeks ago. Both of the tests came back negative, but Hayli did have the H1N1, and it almost killed her. Hayli was sent home from the emergency room after her first H1N1 test came back negative. The next day, after her fever climbed to 104 degrees, Hayli’s mother took her back to the emergency room, where a second test also came back negative. They diagnosed pneumonia and gave the girl antibiotics.

The next day, Hayli was so weak that her mother had to carry her back to the emergency room, where she was finally admitted and given Tamiflu; unfortunately Tamilflu is most effective when given within forty eight hours of the onset of flu symptoms. Once she was admitted, a more sophisticated test that takes days for results showed that Hayli really did have H1N1. She spent forty three days in pediatric intensive care at Children’s Hospital of Southwest Florida with her lungs nearly destroyed by the virus.

The chairman of the pandemic influenza task force for the Infectious Diseases Society of America, Dr. Andrew Pavia, believes that doctors are relying too heavily on quick H1N1 tests, overlooking a patient’s actual symptoms if the test comes back negative. He says that the tests are cheap and fast, but “they’re not terribly accurate.” He referred to studies of the rapid tests that show that 50% of negative results are false. Companies who make the tests say that doctors should use the results with care, proceeding with more advanced tests if the rapid test gives a negative result but the flu is suspected. The Centers for Disease Control and Prevention recommends antiviral medications if the patient is severely ill, is deteriorating rapidly or belongs to certain high-risk groups even if the rapid flu test came back negative.

Get the full story about Hayli and her illness at Flu Test Wrong, Girl Almost Dies.

Millions of people visit Disney World every day. With such a large congregation of people including children, there is a concern by many that such a location would be a prime breeding and distribution site for the Swine Flu otherwise known as the H1N1 flu. It is a concern not only for adults, parents, and children visiting the Magic Kingdom but also employees who work there. Disney is taking some steps to try to make Disney World a safer and cleaner place for visitors and workers. Hand sanitizer dispensers have been installed at high traffic locations including the park entrances, hotel lobbies and other locations. The problem is that it is impossible to maintain any theme park in a perfectly clean or sanitary condition. Rides are not wiped down after every passenger and counters are not wiped down every moment. It is good that some steps are taken but visitors can take their own precautions as well by washing their hands throughout the day and carrying their own sanitizers. You can read more about this topic at Disney World and Swine Flu Precautions.

In Gainesville, Florida, a babysitter (Davana Victoria Symonette - age 19) has been charged and arrested for child abuse. The charges stem from Ms. Symonette shaking a one year old boy that he was babysitting. The mother witnessed the careless and dangerous actions and contacted the police. According to a story posted at the Gainesville Sun newspaper website, Ms. Symonette texted the mother after the incident acknowledging the mother that what Ms. Symonette had done was wrong.

Shaken Baby Syndrome results form a small child being shaken by an adult. It is well known that babies and children will cry. Shaking children can cause serious injuries and deaths. Shaken baby incidents take place because caregivers and babysitters are ignorant of the effects of shaking a child. Yes, babysitting can be frustrating at times, but this frustration is by no means justification for shaking a child or harming a child.

Mild flu symptoms turned into a tragedy for West Palm Beach, Florida resident Christine Opdyke and her family. The pregnant woman was hospitalized with Swine Flu, and ended up spending nearly four months in the hospital. Sometime during her life and death battle, doctors delivered her daughter, Parker Christine Opdyke, by emergency C-section, even though the pregnancy was only 27 weeks along. The child died within minutes of delivery, possibly from side-effects of the medications given to her mother.

On October 1st of this year, the Centers for Disease Control and Prevention announced that of the likely millions of cases of Swine Flu in the United States, 100 pregnant women had been sent to intensive care by the disease, and 28 of them have died. Pregnant women are at a disadvantage when contracting the disease because pregnancy suppresses the immune system. Ms. Opdyke has come forward to warn other pregnant women of the dangers and encourage them to get vaccinated and not to ignore flu symptoms. Unlike other families who have lost loved ones to the disease, they are not planning to sue anyone. They believe that their physicians and the hospital did everything they could have to help them.

You can read more about this family and their ordeal at Flu Story: A Pregnant Woman’s Ordeal.

This past April, seven-year-old foster child, Gabriel Meyers, apparently committed suicide after taking prescribed psychiatric drugs. The death has caused a debate that is slowing the flow of prescribed medications to children in state care in Florida.

After the child’s death, the Florida Department of Children & Families (DCF) launched an investigation into his death, and found that many foster children were taking medications without the proper consent forms in place. Lawmakers have vowed to create new laws to try to prevent the overuse of drugs by foster children. Fear of an increased suicide rates among children taking psychotropic drugs has prompted the FDA (Food and Drug Administration) to put a black box warning on them.

Child advocates approve the recommendation of getting the proper consent, but worry that slowing down or stopping treatment for troubled children could lead to more problems. In some instances, a foster child's behavior that is not controlled by necessary medication may make it more likely that they will be rejected by foster families who do not know how to deal with these children.

Alan Abramowitz, director of DCF’s Family Safety Program Office, said that physicians with any questions about a prescription should contact his agency.

Read more about this story at Florida foster kids slower to get medications now.

Even though officials in other Florida counties have decided against using a nasal form of the H1N1 vaccine, Santa Rosa County, Florida officials have approved using the nasal vaccine, because it is less traumatic for children. The counties that declined to use the nasal vaccine cited concerns that the version of the virus used in the nasal vaccine might actually spread the virus. The Santa Rosa School District has made an effort to educate parents about their vaccination options.

No child will be given the vaccine without the permission of their parent or guardian. Parents who are unsure of which vaccination method is best for their child should contact their family physician / pediatrician.

Find out more about the H1N1 nasal vaccine at Santa Rosa to administer H1N1 vaccine.