Florida Injury Lawyer Blog

Summer is approaching, and record high temperatures are expected. The increased heat brings an added danger for children that yesterday cost the life of a one-year-old Miami boy, Bryan Miguel Osceola. His mother, Catalina Marista Bruno, left him unattended in the backseat of her Chevy under Miami's scorching sun.

According to the Miami Herald, when the boy was finally discovered, he had a body temperature of 109 degrees and had literally baked to death. Ms. Bruno has been previously charged in a separate incident with driving under the influence and child endangerment.

It is unknown whether or not drugs or alcohol were involved in Bryan's being left alone in her car, but as a children's accident lawyer in South Florida, I believe these types of tragedies can be prevented. Foremost, I also want to share my condolences with Bryan's family.

Sadly, children die or are severely injured by being left alone in cars more frequently than one would imagine. Every year nearly 40 children die from heat strokes after being abandoned in hot cars and trucks in the United States. And often those that survive are left with debilitating life-long health issues.

Before researching this issue, as both a parent and Broward children's injury attorney, I imagined that all of these cases must have happened when a caregiver simply was distracted and forgot that the child was left behind. But I was surprised to learn that nearly one out of every three cases involved a parent intentionally leaving the child in the car. Sometimes, the parent did not want to wake a sleeping baby, underestimating just how quickly the interior of the car could heat up as well as the added danger to a child strapped into a car safety seat.

Multiple studies show that a car left in direct sunlight with no ventilation can reach temperatures of nearly 160 degrees Fahrenheit. Moreover, even cars with window tinting do not block long-wave radiation, which with the intense heat literally can create a greenhouse effect inside the cabin of the car.

Parents who live in high-crime cities are afraid of leaving their children alone in cars for fear of abduction. However, often times they do feel it is okay to leave their child alone provided they can visually see their child in the car while they run in to pay for gas or pick up the dry cleaning.

Unfortunately, within less than five minutes, temperatures can soar to dangerously hot levels.
These types of children's injuries and deaths are preventable, and I urge all parents to follow the measures below and share them with your children's caregivers, especially grandparents and nannies who may not read our blog.

1. Get involved. If you see a child alone in a car, with no parent in sight, call 911.

2. Use drive-throughs whenever possible and unsubscribe to the notion of "I am just going to run in for a minute."

3. Pay at the Pump. If your gas station has one those "pay inside" placards over the credit card swipe, drive to the next station.

4. Stick your cell phone, lipstick or house keys in the back seat so that you are forced to look before you leave and lock your car doors.

Lastly, for those app makers out there, here's a suggestion: create an app that will sound an alarm whenever the ignition is turned off and the car doors are locked, or if a car seat is more than 10 feet from the key fob. I am a personal injury lawyer, not an app creator, so I leave the details up to you.

As the summer approaches, parents across the country are deciding where to put their children. Many are considering summer camps and youth programs. Those can be enjoyable alternatives, especially for children who have spent the school year in predictable "desk jobs" with limited physical activity. But for some parents and students, the drastic increase in strenuous activity coupled with the summertime heat can pose serious health risks.

Almost everyone has heard the recent concerns about head trauma, concussions, and mild traumatic brain injuries found in not only NFL, but also college and high school football players. But as a South Florida children's injury attorney, I was surprised to learn that Sudden Cardiac Death (SCD) is the number-one killer of young athletes in America.

SCD is such a common killer that a student dies from it every three days in the United States alone. Sadly, many of those deaths are preventable as they are triggered by undiagnosed and untreated pre-existing medical conditions. The good news is that SCD can be stopped.

STOPPING SUDDEN CARDIAC DEATHS

Most schools require students to undergo some type of medical clearance before playing on school-sanctioned teams. Unfortunately, summer camps usually have no such requirement. Often children entering a summer camp or youth program may be doing so without ever having received the athletic screening in school.

If you are considering putting your child in a summer camp that includes strenuous physical activity--like dodge ball, running, soccer, tug of war, kickball, or basketball, especially if played outside--we recommend that you have your child first undergo a physical examination by a competent pediatrician.

The typical examination would include listening to the heart, checking blood pressure, and reviewing the family history. Moreover, many experts in pediatric medicine are now recommending that an electrocardiogram, or EKG, also be performed to identify any hidden heart issues such as hypertrophic cardiomyopathy, a thickening of the heart muscle.

Parents in Miami who are concerned about the cost of an EKG for their child can obtain one for free for current middle school and high school students, thanks to Miami Children's Hospital. I am asking Dr. Anthony Rossi, the Director of the Cardiac Intensive Care Unit at MCH, to please extend this generous gift to every child who is entering summer camp or a youth program but cannot afford or does not have the medical insurance to obtain this life-saving examination. For more information call The Heart Program at Miami Children's Hospital (35) 662-8301.

AUTOMATIC EXTERNAL DEFIBRILLATORS

I also recommend that you confirm that your children's camp has an available Automatic External Defibrillator AED and at least several adults who are trained to use it. AEDs can save a child's life. I recently wrote about the horrifying incident involving a Florida high school athlete who collapsed during a sanctioned soccer game. While the school had both an AED and a trained school nurse present at the game, neither was utilized while the boy laid breathless waiting for Fire Rescue to arrive. The boy's family sued the school and school board and the case was dismissed by both the trial court and appellate court finding no legal liability. You can read more about this in my recent blog for the Huffington Post, "Florida's Shocking Defibrillator Law."

Legislation should be enacted that would mandate EKG and physical examinations for all of Florida's public school students. By deploying mobile EKG labs to each potential each school thousands of young lives will be saved.

Anais Fournier was only 14 years old when she suffered a fatal cardiac arrest after drinking two Monster energy drinks. Her parents are suing Monster Energy for their child's wrongful death. So far the Food and Drug Administration reports five deaths and at least one heart attack associated with the energy drinks. Monster denied causing the girl's death and claims Anais died from natural causes. Para información en español.

Yesterday, City of San Francisco Attorney Dennis Herrera, filed lawsuit on behalf of the City against Monster in an attempt to prevent it from marketing their products to children. I anticipate that these cases are just the beginning of many children's personal injury claims against companies like Monster, Red Bull and 5-Hour Energy Shots.

Many people feel that drinking a Monster or Red Bull is less dangerous than drinking an expresso or a cup of coffee. Sadly, this ignores the fact that people sip coffee and children tend to guzzle energy drinks.

There now appears to be overwhelming evidence that caffeinated energy drinks are associate with health problems such as cardiac events. Recently, Pediatrics in Review published an opinon by Dr. Kwabena Blankson, a specialist in adolescent medicine at the Naval Medical Center in Virginia warning that the caffeine levels in energy drinks when mixed with artificial ingredients is a dangerous product for teens to consume. Instead he suggests that parents recommend teens to entirely stop consuming these drinks and find better and more natural ways to increase energy like exercise, nutrition, and more sleep.

RED BULL AND VODKA

Mixing Red Bull and Vodka, also known as a Vod-Bomb or Russian Bull is an alcoholic drink made from Red Bull and varying amounts of Vodka. It is one of the most popular drinks for teens in bars, nightclubs and parties around the world. The amount of Red Bull to Vodka varies but the Red Bull is used to mask both the taste and influence of the alcohol.

Sugar and caffeine mute the depressant effects of alcohol. Accordingly, people who mix alcohol with an energy drink are more likely to binge drink, more susceptible to sexual assault and to driving while intoxicated.

As a member of the Attorney Breakfast Club, I hope that Florida's Legislature will immediately take action to illegalize the sale of energy drinks to people under 18 years of age. And, while the FDA slowly investigates the increasing number of reported illness, injury and death associated with energy drinks, Florida's Department of Health needs to implement a program to warn both parents and children about the risk.

Suing a doctor, nurse midwife or hospital on for a child injured during birth in Florida is extremely complicated. In 1988, Florida's legislature enacted the Florida Birth Related Neurological Injury Compensation Association (NICA) to pay for the enormous medical expenses of infants that sustain certain kinds of neurological trauma during delivery.

NICA

The NICA plan covers medical and financial assistance to qualified families and is intended to eliminate some of the legal costs associated with birth related neurological medical malpractice claims. NICA is supposed to pay for the necessary medical treatment, drugs, equipment, travel and services required by brain injured infants. There is a one-time cash award up to $100,000 that can be paid to the infant's parents or legal guardians and a death benefit for $10,000.

INVESTIGATING A BIRTH TRAUMA CLAIM

We have investigated many claims on behalf of Florida families who have had a child born with severe brain damage. Proving that a birth related injury is caused by the carelessness of a hospital, doctor, nurse or midwife is a complicated and expensive undertaking which requires an experienced medical malpractice lawyer.

Florida law requires that before any lawsuit can be filed against a health care provider, the claim is properly investigated by the family's lawyer. In order to comply with the law, we are required to obtain all of the relevant medical records and diagnostic studies and have them reviewed by an expert or experts in each specific area of medicine in question.

Typically in the evaluation of a case of a traumatic birth injury claim at a Miami hospital, our lawyers will first need to obtain all of the mother's medical records from maternity throughout delivery. We look to determine if the infant's injury is the result of compression or a mechanical injury that may have deprived the fetus of sufficient oxygen. Perinatal hypoxic ischemic encephalopathy (HIE) is the medical term for this condition and is associated with long-term and devastating medical consequences such as severe seizure disorder, mental retardation and cerebral palsy.

Studies have shown that less than 2% of neonatal deaths and stillborns in the United States are the result of a birth injury. In some cases, birth trauma is unavoidable. But, with proper medical care, high risk cases can be identified early on and additional precautions implemented. Typically high risk factors for birth trauma include: large to date infants, the use of forceps or vacuum, vaginal breech or abnormal traction.

Sadly, many birth trauma cases are unavoidable; but in other cases, they are the result of some preventable negligence on the part of the medical team. However, the lawyers for brain injured babies are not always successful in proving this in court. According to a recent Florida medical malpractice case against a doctor and his professional association, an injured child's assets may be at risk if his or her claim is rejected by a jury.

WHO PAYS THE COSTS IF A BIRTH TRAUMA LAWSUIT IS LOST?

For example, recently in a case not represented by our firm, Florida's 5th District Court of Appeal faced an appeal made by Dr. Alejandro Pena and Physicians Associates after they were unsuccessfully sued by the parents of a child born with severe brain damage. After the winning his case in court, the doctor wanted to be reimbursed for costs of his legal defense, as the prevailing party--from the child's assets.

The trial judge entered a judgment against the parents and the child's guardianship for $83,794.50. The guardianship then appealed, claiming that Florida's Legislature enacted §744.301(2) to protect a minor's assets from the risks associated with personal injury lawsuits filed without first obtaining the guardianship court's approval.

Fortunately, the Appellate court determined that the medical malpractice case was brought by the parents in their capacity as natural guardians and not on behalf of the legal guardianship that had been created to protect the child's assets. The court distinguished the role that all parents automatically have to act on behalf of their children versus the legal guardianship that are created to protect the assets of a minor. Had the legal guardianship been a party to the malpractice case and obtained the court's approval as required by Florida's statute, there may have been another result. Read the entire opinion here.

FREE CONSULTATION

Thankfully for this child, his assets will remain protected. If you or anyone you know feels as though their child has been injured as a result of some form of preventable negligence by a South Florida doctor, nurse midwife or hospital; please contact our experienced medical malpractice lawyers today for a free consultation.

The case of Abel Limones, Jr. is perhaps one of the most tragic cases I have seen in over twenty years of handling children's accidents at Florida schools. Without warning, Abel collapsed while playing soccer at a Lee County, Florida high school. Both his coach and the school nurse frantically attempted CPR-- as an available Automated External Defibrillator (AED) sat unused in the end zone. The assistant principal called 911 and eventually both Emergency Medical Services and Fire Rescue arrived and delivered multiple electric shocks to his heart. 23 minutes passed before he was resuscitated; leaving him permanently brain damaged. Today, Abel lives in a vegetative state requiring 24-hour care.

His family sued the School District and the School Board of Lee County Florida for negligence and for not using the AED. A brain damage injury expert testified that had the boy received defibrillation within the first two minutes; he would not have been left brain dead. Judge Kieth R. Kyle, dismissed the case and the family appealed to Florida's 2nd District Court of Appeal (2nd DCA).

The appellate court agreed with Judge Kyle's decision relying upon Florida's common law which does not require health club owners to provide CPR or maintain an AED when a customer collapses while exercising. Apparently, the Court sees no legal difference between a public high school's obligation to a student and the a gym's commercial relationship to an adult customer. The Court also ruled that "under the current state of the law, the School Board had no common law duty to make available, diagnose the need for, or use an AED on Abel." I disagree.

The family also argued that Florida's Undertaker's Doctrine should apply to Abel's case. Florida's Undertaker's Doctrine simply means that if someone voluntarily does something for someone they must perform do it reasonably. Inexplicably, the court also disagreed with this argument by ruling that even though the School had an available AED and trained personnel it did not have to use it on Abel. I simply cannot imagine what other use an AED has other than to save the lives. It is illogical that Florida law mandates that AEDs at high school soccer games to merely be used as a decoration. Read the Court's opinion.

The Florida High School Athletic Association (FHSAA) founded in 1920 is a not for profit organization responsible for supervising, controlling and promoting interscholastic athletic programs. Florida Statute §1006.165(1) requires that members of the FHSAA (both of the schools in this case were in fact members) have an AED and a properly trained employee in its on school grounds at all times. The court interpreting this statute very succinctly found that the school complied with the law because it had both an AED and a trained employee at the game - but had no legal obligation to help Abel.

Florida's Cardiac Arrest Survival Act §768.1325 is based upon Florida's Good Samaritan Act. It provides civil immunity to "people" who try to reasonably help someone in an emergency. Florida's Cardiac Arrest Survival Act encourages people to use AED's to save lives without the fear of being sued if the person they are trying to save dies. The court extended this protection to the School even though it never even used the device.

This ruling is very dangerous to all of Florida's students-- especially those who are involved in accidents that result in a brain injury. We cannot allow our public schools to avoid legal responsibility for not even attempting to use a defibrillator. I do not believe that Florida's Good Samaritan Act or the Cardiac Arrest Survival Act should be used as a shield for public schools or any business when it possess an available defibrillator that can save a child's life. I recently blogged about this issue for the Huffington Post.

Christmas Day turned tragic for 1-year old Marice Love and his family of Clewiston, Florida. The child was critically injured when his 22-year old aunt, Necie Love, backed her car over him. According to the Florida Highway Patrol, the accident occurred at 4:00 PM on Christmas Day. The boy is now in intensive care at Lee Memorial Hospital in Fort Myers. Our thoughts and prayers go out to Marice Love and his family.

Sadly, back over accidents like this is are not unusual. Every year, thousands of kids are critically injured or killed by a car backing up when the driver does not see the child. Most often it is a family member or friend behind the wheel.

Frequently, back over accidents occur in the driveway of the child's own home. Most of the children who are injured or killed are less than two years old. Ms. Love was behind the wheel of her 1992 Mercury Marquis, but more than 60% of the time, the vehicle is a large SUV or truck. That means the higher and longer the vehicle the less visibility drivers have when reversing.

Like many cars still sold today, Ms. Love's Marquis was not equipped with a rear backup camera. Our country needs to make a universal rear visibility standard, requiring all motor vehicles sold, leased, or operated in the U.S. to be equipped with backup cameras.
With 2 children dying from back up injuries every week and more than 2,400 kids treated in emergency rooms for back over injuries every year, I cannot understand why it is not mandatory now.

In 2008, President Bush signed a law that would require car manufacturers to improve the visibility of all new vehicles by 2011. It has been five years, and the standards have not yet been mandated by the U.S. Department of Transportation. Transportation Secretary Ray LaHood has extended the deadline three times. His latest promise is that the rules will be initiated in February 2013. I urge him to keep his word.

According to the National Highway Transportation Safety Administration (NHTSA) any vehicle can be retrofitted with a back up camera. The cost is only between $58 to $88 for a car or truck equipped with a dashboard display screen and $159 to $203 for those without them.

We have investigated hundreds of Florida back up car accidents for over twenty years. They are by far the saddest and most painful for the families involved. First, because the victims are always very young children; and second because the driver is usually the victim's parent.

I believe that these types of accidents can and should be preventable by something as simple and inexpensive as a back up camera. If you are currently driving without a back-up camera installed in your vehicle, I recommend that you contact your local dealer or mechanic about installing one today. To learn more about back up car accidents and how to prevent them visit KidsandCars.org.

Brandon Stein, Esquire
Aronfeld Trial Lawyers

As a Fort Lauderdale personal injury lawyer, every year around this time it appears that accidents involving children increase. While there is no rhyme or reason for the increase in accidents, perhaps it may be due to the hustle and bustle of holiday shopping and the frantic nature of this time of year. For parents, this time of year brings excitement because of the anticipation of seeing the face of a young child when he or she unwraps a gift that turns out to be exactly what they wanted - a new toy.

Being a Broward personal injury lawyer that sues companies for toy related injuries to children, it is extremely important that parents recognize the inherent dangers that toys present. Despite the fact that toy companies attempt to warn consumers of the dangerous nature of these toys, more times than not the warnings are insufficient or otherwise inadequate. Sadly, number one in the mind of a CEO of a toy company is not the safety and enjoyment that the manufactured product brings to a kid's life, it is the bottom line number - how much the company will profit.

Here in the United States, approximately 3 billion toys and games are sold annually, and if I had to guess, a large portion of the annual sales are accrued during the holiday season. In fact, since 2000, it has been estimated that an average of 168,000 children under the age of 14 have been treated in emergency rooms with toy-related injuries each year. Additionally, since 2000, an average of 20 toy-related deaths have occurred each year. From what you might ask?

According to Safe Kids USA, choking, drowning, strangulation, or a motorized vehicle incident causes many toy-related fatalities. Yet, it must not be forgotten that South Florida personal injury lawyers sue companies for choking-related deaths from dangerous toys such as balloons and small play balls. Also, many lawsuits filed in Aventura by child injury lawyers are based upon consumer product safety violations committed by the toy companies.

The Consumer Product Safety Commission ("CPSC") is tasked with protecting the public, including children, from unreasonable risks of injury or death associated with the use of manufactured products. In 2008, the Consumer Product Safety Improvement Act required the CPSC to issue a rule outlining labeling requirements for toy catalogues and other printed materials. Under this mandate, for any toy that poses a choking hazard and contains a warning on the box, the advertisement for that same toy must include the a warning of this dangerous condition. The Consumer Product Safety Improvement Act also requires that toys be tested to ensure their compliance with the CPSC standards.

For Miami lawyers that help children injured from dangerous or defective toys, it is crucial that the Consumer Product Safety Improvement Act is considered in every case. Also, one must always be mindful of the CPSC this time of year and that every toy that a child opens during this holiday season falls within the purview of the Consumer Product Safety Commission.

Everyone loves bounce houses. In fact, for the last 10 years, our Florida children's accident lawyers have co-hosted The City of Coral Gables Annual Festival of Lights Menorah Lighting. This year's event occurs December 13, 2012 at Ponce Circle Park, in Coral Gables and is open to the public. In addition to the lighting of the City's Menorah, and passing out jelly donuts and other Hanukkah treats, we have always had a bounce house for the kids to enjoy. However, in light of a recent report highlighting the dangers of inflatable bounce houses, we may need to reconsider.

Bounce houses are simply more dangerous than one might expect. In 2010, 11,300 kids were taken to emergency rooms for bounce house related injuries. That is more than twice the number from 2008 and 16 times more than in 1995. According to the Center for Injury Research and Policy at Nationwide Children's Hospital in Ohio, a child is injured every 46 minutes in our country from a bounce house accident. Bounce house injuries are similar to those sustained by children using trampolines. The American Academy of Pediatrics recommends against any home or other recreational usage of trampolines unless it is part of a structured training program with appropriate safety measures employed.

In a recent report, published by the Pediatrics, researchers studied emergency department records and estimate that nearly 65,000 children were injured in bounce houses from 1990 to 2010. Patients were 7.5 years old on average, and the most common injuries were broken bones (28%) and strains or sprains (27%). Concussions and cuts are more common among boys than girls, with 3% requiring admission to a hospital. Most Florida bouncy castle injuries occur when one child falls on top of another child.

One reason that bounce house injuries are on the rise may be due in part to their increasing popularity. In Miami alone there are dozens of family run bounce house business that will deliver them to birthday parties, school events and even a Menorah Lighting. Bounce houses are inexpensive and can be purchased on line for a few hundred dollars. Unfortunately, many are poorly maintained and operated with virtually no supervision. Many vendors require parents to sign poorly worded waivers before their children are allowed to play.

Our Miami lawyers who sue for bounce house injuries recommend the following safety tips to keep your child bouncing and out of the emergency room:

1. Confirm that the bounce house is properly anchored on all four corners;

2. Confirm that impact absorbing mats are positioned at the open side of the bounce house for softer landings;

3. Confirm that there is at least one adult providing constant supervision to the children inside the bounce house - an attendant collecting tickets does not provide adequate supervision;

4. Confirm occupancy limits - the more crowded the bounce house, the more dangerous it can become;

5. Confirm ages - kids 2 to 3 years old should never be bouncing with children twice their size or age;

6. Confirm your child has removed any sharp objects from their pockets, such as pencils, pens or toys.

Bounce houses can be fun, but the increasing evidence proves they can also be very dangerous. As both a parent and Orlando theme park children's injury lawyer, I believe it is very important that all parents understand the risks associated with inflatable bounce houses and what happens when you are asked to sign a waiver.

As a father of an eighth-grader and Broward children's injury lawyer, I was frightened to learn that a Delray Beach Florida woman was just arrested for Driving While Under the Influence of an aerosol inhalant. Amy Elizabeth Merrill, 19 is facing two counts of DUI after she allegedly caused a serious Florida car accident injuring two pedestrians. The victims, 50 year old Michael Grieco and 19 year old Daniel Gross were simply unloading their Range Rover when Merrill's Ford Explorer careened into them. Greico was caught between the Ranger Rover and another parked car, pinning him underneath the vehicle. The other victim sustained severe facial injuries.

Merrill's blood test revealed evidence of an aerosol product. Apparently, she told police that prior to the collision, while stopped at a traffic light, she inhaled an aerosol computer dust spray. The slang for this type of drug abuse is "huffing." She also admitted to buying the canister of computer keyboard spray at a local store before agreeing to provide a blood sample.

Intentionally inhaling chemical vapors like computer dust spray can be a dangerous and deadly way to get high. Several teens have died after inhaling the chemical diflourethane. Its manufacturer, Falcon, has placed warnings about inhaling dangers on its product Dust-Off. But that is not enough.

Often police and parents are helpless in preventing access to teens; until it is too late. The possession of household products containing these chemicals is perfectly legal and inexpensive to obtain. Some of the most popular methods of huffing include gas fumes, airplane glue, paint thinner and compressed gas.

For some reason, huffing is most popular amongst 12-14 year old eighth-graders. According to the National Institution of Drug Abuse, 17% of eighth-graders have reportedly tried it. What most do not know is that huffing can kill the very first time a child experiments with it. The stimulants inherent in the chemicals can cause hallucinations or a strong young heart to go into cardiac arrest.

As a father and Miami dangerous product injury lawyer I urge all parents and caregivers to discuss the dangers of huffing with their children before it may be too late. It is also important to recognize the common warning signs that might suggest that your child has already begun huffing; such as unusual sores around the mouth, a glassy eyed appearance or sudden personality changes.

Fashion contacts lenses that make your eyes look like your favorite movie star or vampire are more dangerous than many think. Decorative contact lenses are being sold on the internet and at shopping malls across the country for Halloween. According to the FDA, these types of lens can cause permanent eye damage.

Decorative lenses have been reported to cause corneal abrasions, decreased vision, infections, corneal ulcers and blindness. Our Miami children's eye injury lawyers recommend that you only purchase contact lenses from a licensed ophthalmologist following a contact lens examination. Ophthalmologist are eye doctors and they are specially trained to make sure that contact lens fit properly.

Contact lenses, like medication have an expiration date. You should always confirm that you have purchased lenses within the expiration date and dispose of any old ones. It is not uncommon for people to share contact lenses; but you should never wear someone's contacts or used contacts. If you develop an irritation, or infection, immediately remove the lenses and contact your prescribing doctor or go to the nearest ER.

It is also important to never sleep in daily contact lens or lens that are prescribed for single use. Purchasing contacts over the internet can be dangerous because only certain contact lenses are allowed to be sold in the United States. To find out if your contact lenses have been reviewed and approved for sale in the US by the FDA, click here.

Proper cleaning of re-wearable contact lenses is essential. Cleaning should be done pursuant to the manufacturer's recommendations with the appropriate solution and not with tap water.

Contact lens cleaning solution, Clear Care, is the subject of complaints from patient safety groups claiming that CIBA, the manufacturer, failed to adequately warn users about the product's high hydrogen peroxide content. Hydrogen peroxide will cause a caustic burn if it gets in the eye.

The FDA has received over 100 reported eye problems caused by the use of Clear Care. According to NBC News, several consumers were rushed to ERs and diagnosed with chemical burns, corneal ulcerations and other problems after using Clear Care.

If you suspect that your have purchased defective contact lenses or cleaner, you should obtain the name of the device and the device manufacturer and report the problem to the FDA's MedWatch and consult with a Florida contact lens injury lawyer about your legal rights.

Summer is over and our kids are back to school. Children around the country ride school buses every day. School buses are considered to be one of the safest forms of transportation because of their size, design and weight. Yet, sadly, every year, six school age children die in school bus crashes as passengers.

Everyone knows seat belts save lives. Seat belts have been required in passenger cars since 1968. But did you know that not all Florida's school buses have to have seat belts? In fact, Florida law mandates that only school buses bought after December 31, 2000 be equipped with safety belts. Older school buses do not have to be equipped with even if are in service. The law applies to any school bus used exclusively to transport public school students from Pre K to 12th Grade. However, certain vehicles not used to "exclusively" transport public students are exempt.

I suppose Florida's School Bus Seat belt law is designed to protect our children. But guess who has the legal responsibility to make sure that your child is using their school bus seat belt and that it is properly adjusted? The child. In other words, if a 9 year old girl is injured as a result of not properly using her seat belt on a school bus, it is her fault. Florida Statute §316.6145 gives complete legal immunity to the State of Florida, School Board, School Bus driver, teachers and chaperones if a Florida student suffers personal injuries for not waring a seat belt.

If your child takes a school bus to school, our Hialeah traffic accident lawyers recommend that every parent consider the following:

1. Inspect your child's school bus to determine if it has been equipped with safety belts. If the bus does not comply, notify your school district immediately.

2. Teach your children how to use and adjust a seat belt. They may be different in a school bus than your Prius.

3. Always wear your seat belt. Not just for your safety, but to mirror the behavior for your children.

4. Remind your child every day before leaving to use the bus's seat belt at all times.

This year a dozen children were injured, five critically and one died in a Florida school bus crash in St. Lucie County. 9 year old Aaron Beauchamp and 30 other elementary students were on their way home from school when a Peterbilt semitrailer truck collided with their bus. According to the Florida Highway Patrol, Aaron was belted, but it was loose fitting and not properly adjusted. Two other children, Kayla Jungjohan, 8, and Joey Yannucci, 10 -- had to be air lifted to a neighboring hospital and were put into medically induced comas. Our prayers are with the families.

The National Traffic Safety Board (NTSB) called for new school bus safety standards citing that side-impact crashes show the need for additional requirements. The National Highway Traffic Safety Administration (NHTSA), regulates school bus construction standards and gave manufacturers the option of improving bus seats or installing safety belts.

As a Miami Gardens lawyer for school accidents I know that there is much more that can be done to protect our children. I urge the legislature to ban the use of cellphones by school bus drivers except for emergencies, require that school buses be equipped with forward collision warning systems and expand the seat belt requirements to any school bus in use by a public school.

As a Florida lawyer who represents injured children, as well as a parent of a 13 year old daughter, I was very interested in the recent case of Claire's Boutiques, Inc. v. Locastro. Alexis Locastro, a thirteen year old girl, had her ears pierced at a Claire's Store in Florida. Prior to the piercing, her mother, Amy, was required to sign a release from liability form, waiving any claims that her daughter might have if she was injured due to the negligence of Claire's or its employees in performing the ear piercing. In signing the form, she also promised to indemnify Claire's and its employees for any claims she or her daughter might bring against them. In other words, if her daughter was injured and she or her daughter sued Claire's and received a damages award, the agreement made Ms. Locastro responsible for reimbursing Claire's for any amount Claire's was ordered to pay to Ms. Locastro or her daughter, as well as for its attorney's fees and costs.

Following her ear piercing, Alexis Locastro developed an infection that required extensive hospitalization and medical treatment, and left her with a permanent disfigured ear. Her mother then sued Claire's on behalf of Alexis and herself. Part of Claire's defense to the suit was to claim that the release that Ms. Locastro signed waived any right to sue that she or her daughter may have had.

According to the evidence at trial, the employees of Claire's are shown a video to train them on how to pierce ears. But the training video did not provide any information regarding how to sterilize the equipment, including the surgical pen that is used to mark the area to be pierced.

All Claire's employees have to pass a written test before being allowed to pierce customers' ears. Claire's was unable to prove that the employee who pierced Alexis Locastro's ears, Erica Stokes, had received any training and there was no evidence of it in her employee file.

Claire's retained an expert in pediatric infections, who testified that Ms. Locastro's infection was not caused by the surgical pen, and must have been contracted several days after the piercing from another source.

The jury returned a verdict finding Claire's 75% responsible, and awarding $69,740. Claire's then turned around and filed a motion to require the mother to reimburse it pursuant to the indemnification agreement. The judge agreed with Claire's that the mother was required to reimburse it, and entered a verdict against the mother for over $200,000 inclusive of defense costs, attorney's fees and the judgment Claire's owed to her daughter.

Claire's and the Locastros both appealed. The mother argued that the agreement she signed, requiring her to reimburse or indemnify Claire's, was against Florida's public policy and should be voided. Fortunately for her as well as all other parents in Florida who may be asked to sign one of these ridiculous contracts, the Fourth District Court of Appeal agreed. Specifically, the court held that any indemnification agreement requiring a parent to indemnify a commercial activity provider for injuries their children suffer as a result of the business' negligence is invalid.

In Florida, parents are immune from personal injury claims brought by their children. That rule concept is based on a policy of discouraging intra-family lawsuits, to promote harmonious family relationships while preserving the family's economic resources. Moreover, if parents were at risk of being sued for their children's injuries, it might prevent them from suing non-family members who are partly responsible for harming their children, for fear of being dragged into the case as a third party defendant.
Judge Levine wrote a very vocal dissent from the Fourth District Court's majority decision to invalidate the indemnification agreement, saying the importance of upholding contract rights should prevail over public policies protecting the rights of an injured child. According to Florida Appellate Law expert Daniel Bushell, the question of whether these types of agreements are enforceable may now be addressed by the Supreme Court of Florida, if it chooses to hear the case, or by the legislature. The Florida Legislature recently enacted a new statute, §744.301(3), which allows parent to release a commercial activity provider for a child's injuries under circumstances, if the injury is recognized as an inherent risk of participating in the activity.

For the time being, my recommendation, as a parent and Florida lawyer who sues businesses that hurt children, is not to sign any document that affects your children's rights to receive compensation for injuries, medical expenses, or any other harm caused by a business without first consulting with your lawyer.

The Miami Herald reports that a 51 year old Florida women named Pamela Bodenheimer accidentally drove her SUV over a 22 month old boy named Brady Hutto. Ms. Bodenheimer told the investigators that she did not see the boy. So far, no formal charges have been filed. According to the Titusville Police, it appears that the incident was a tragic accident with no indication that alcohol was involved.

Just last week, I blogged about deadly blind spot back over accidents in Florida and how to avoid them.

The tragic death of this child is a reminder of the need to have laws mandating back-up sensors and cameras on every vehicle, especially SUVs and minivans. Ms. Bodenheimer was driving a sport utility vehicle when she ran over the boy. Sadly, every year thousands of children and adults are injured or killed as a result of vehicles backing up over them. Often these back up accidents involve children under the age of 5 and elderly persons over 60 years of age.

Our Miami pedestrian car accident lawyers hope that no other child will ever be harmed by a back up accident. Since all vehicles have blind spots, we recommend the following safety tips to keep your children safe:

1. Properly supervise children at all times, especially if motor vehicles are present.

2. Teach children not to play in, under, or around cars or trucks.

3. Always assume children are present and carefully and slowly back out.

4. Do not make your driveway a "playground."

5. Do not let children play with your car. Vehicles are not toys.

6. Have backup sensors and a camera installed.

One of the saddest aspects of my job as a Florida injury attorney is when I am called upon to represent a child innocently injured in a preventable accident. Florida playground and recess injuries are common and often involve inadequate ground padding, poorly maintained equipment or lack of supervision. Surprisingly, one of the most common playground injuries occurs when the child is literally in the lap of an adult. "Sliding board injuries" happen when an adult is holding a child wearing rubber soled shoes, using a typical playground slide. As the two are going down the slide, the child's foot gets caught and stuck on the side of the slide and twists; causing a spiral fracture of the tibia or lower leg bone.

This kind of bone break is very painful and requires at least six weeks in a cast and sometimes surgery and physical therapy. Depending on the age and location of the break, it can also leave the kid with a lifelong deformity. Understandably, parents also suffer when this happens as they are often racked with guilt and subjected to anger from the other parent for injuring their child.

These types of playground accidents are not uncommon, According to a recent published study at the Winthrop University Hospital in New York, evaluating 11 months of pediatric injuries treated at an emergency room, nearly 14 percent of all children treated for broken legs sustained the injury while using a playground slide.

Fortunately, this kind of children's injury is completely preventable, according to the brilliant Dr. Edward S. Holt, M.D. an orthopedic surgeon at Anne Arundel Medical Center in Annapolis, Maryland. The best way to prevent this kind of injury is to simply allow the child to slide down by himself. Our personal injury lawyers in Miami strongly recommend that children always have adult supervision and specific instructions on how to safely use slides and other playground equipment. Another good option, is to simply place toddlers at the slide's halfway point and have the adult standing next to the slide as the child makes it to the bottom. Remember to always inspect the landing area to ensure that is clear of debris, sharp objects and has padding. Lastly, we suggest that children should remove their shoes, especially if they have rubber soles, before riding down any slide. If you decide to take your child down a slide on your lap, make sure the child's legs don't touch the sides or sliding surface.

Since most adults are unaware of the danger of sliding board injuries, we hope that Florida schools and parks will consider posting warning signs. We are devoted to the safety of Florida's children and do not want to see another child's leg broken in a preventable accident.

Hundreds of American children are needlessly injured or killed every year from being backed over. Often the driver is a loved one who was unable to visualize the child due to the vehicle's blind-spot. According to Kids and Cars, a not for profit group dedicated to improving child safety around cars, 50 kids are backed over every week, resulting in two fatalities.

Knowing that two children are buried each week by their families, for what I consider a largely preventable tragedy, simply is not enough motivation for the National Highway Traffic Safety Administration to mandate that all cars be equipped with rear view cameras. In fact, the NHSTA estimates that adding back up cameras would save 100 lives per year and prevent more than 7,000 injuries. But the agency, when faced with a deadline to come up with mandatory rules on back up cameras, dropped the ball and "deferred."

As a Hialeah children's accident lawyer and safety advocate I find it impossible to accept that our government cannot do more to protect us from the danger of blind zones. A blind zone is an area either behind or to the side of a vehicle that the driver cannot visualize from the driver's seat. Blind zones are especially dangerous in larger vehicles like SUVs, pickups and minivans. Sadly, these are the types of vehicles most often used to transport children.

Blind zones are measured by placing a 28 inch traffic cone behind the vehicle and utilizing drivers both 5 feet 8 inches and 5 feet one inch to determine how far the cone has to be moved before the top can be seen through the rear window. A 2011 Ford Fiesta SE sedan requires 17 feet and 27 feet, respectively. That means that a child standing or playing behind the vehicle, who is less than 28 inches tall, would not be visible until the vehicle has moved back 17 to 27 feet! To see how your car or truck compares Consumer Report's Back-Up Car and Truck Visibility Study.

My proposal, I think will both save lives and improve the economy, mandate that all cars on the road be equipped with a back up camera today. Too expensive? Employ the thousands of out of work auto workers to assemble a simple pen-sized wireless cameras that can be easily installed at any gas station, DMV or by a soccer mom. It will put both Americans to work and save lives. Do you hear me President Obama and Governor Scott? And as an added bonus, Governor, just imagine how much less PIP insurance we will use if we can just eliminate back-up car accidents in Florida?