South Florida Injury Law Blog

Named for Jeffrey Johnston, a Cape Coral teenager who committed suicide after years of bullying by a classmate, Jeffrey's Law prohibits the bullying or harassment of any public school student and requires each school district in Florida to report all instances of such behavior and notify both the parents of the bully and the parents of the victim. As The Tampa Tribune reports, bullying report numbers across the state were all over the map in the two years after the law was passed.

Enacted in 2008, Jeffrey's Law defines bullying as "systematically and chronically inflicting physical hurt or psychological distress on one or more students," including:

1. Teasing;
2. Social exclusion;
3. Threats;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual or racial harassment;
9. Public humiliation; or
10. Destruction of property.

Harassment, meanwhile is "any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that:

1. Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property;
2. Has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or
3. Has the effect of substantially disrupting the orderly operation of a school."

"This bill increases transparency and formalizes the ability of schools to protect our children," said state representative Gary Aubuchon shortly after the law was passed. "Our children are the most important members of our society, and this legislation will keep them safer."

According to The Tribune's Sherri Ackerman, "nine districts have reported zero cases in the two years after Florida's anti-bullying law took effect and required them to document and investigate every complaint." 4,000 bullying cases were reported from 2008 to 2010 in the Palm Beach County School District in South Florida. During the same time, the number of bullying cases in Miami skyrocketed from 7 to 802. "[A]bout half of Florida's districts reported fewer than 10 cases during the two years," Ackerman writes.

Continue reading "Florida's Anti-Bullying Law: Two Years Later, Numbers Vary" »

As South Florida personal injury attorneys, we were interested to learn that the FDA is warning that use of seizure and migraine drug Topamax (topiramate) as well as its generic versions during pregnancy increases the risk of certain birth defects, according to a recent study.

"Health care professionals should carefully consider the benefits and risks of topiramate when prescribing it to women of childbearing age," said Russell Katz, M.D., director of the Division of Neurology Products in the FDA's Center for Drug Evaluation and Research. "Alternative medications that have a lower risk of birth defects should be considered."

Data from the North American Antiepileptic Drug (AED) Pregnancy Registry suggest that topiramate - prescribed to treat seizures in people who have epilepsy and prevent migraine headaches - increases the risk of cleft lip and cleft palate defects in babies whose mothers take the drug during pregnancy.

The AED data shows that infants exposed to topiramate as a single therapy experienced a 1.4 percent prevalence of oral clefts, almost four times that of infants exposed to other antiepileptic drugs. The Topamax defects "range from a small notch in the lip to a groove that runs into the roof of the mouth and nose, possibly leading to problems with eating, talking and to ear infections. Surgery often is performed to close the lip and palate and most children do well after treatment," according to the FDA.

The FDA warns that pregnant women and those of childbearing potential should discuss other treatment options with their health care professional before starting Topamax or generic equivalents.

Continue reading "Topamax Birth Defects May Be a Concern For South Florida Women" »

The National Highway Traffic Safety Administration (NHTSA) recently issued new child seat safety guidelines. These latest guidelines advise parents to keep children in each type of restraint for as long as possible before moving the child up to the next type of safety seat. Parents should look at the height and weight limitations for their child's car seat, and continue to use that car seat until their child grows out of the seat. These NHTSA guidelines could mean that some children stay in rear facing restraints, forward facing car seats, and backseat boosters for much longer than their parents initially anticipated.

The NHTSA's safety seat guidelines are consistent with the American Academy of Pediatrics' (AAP) advice on the issue. Both groups stress that there is no rush to transition a child into the next type of restraint. For example, toddlers should continue to use rear-facing safety seats until they are either two years old, or reach the maximum height or weight for their rear-facing seat.

The NHTSA has specific recommendations for children of every age, but their advice generally follows some basic principles. First, parents should always follow their car seat's instructions and their vehicle's owner manual when installing their child's safety restraint. If parents are unsure about how to install a car seat, they can visit a certified technician who can check their car seat's installation for free. Second, parents should carefully select a car seat based on their child's age, height, and weight. Once parents have purchased a car seat, they should keep their child in that car seat for as long as possible, so long as the child fits the seat's height and weight requirements. Lastly, the back seat is the safest place for a child, and so children under the age of 13 should always ride in the back seat.

As Florida personal injury attorneys, we see first hand the difference that proper safety restraints can make in an accident. Child injury frequently occurs after a car accident because kids are improperly restrained. Luckily, the NHTSA makes it easy for parents to select the right car seat for their child.

Continue reading "NHTSA Issues New Child Safety Seat Guidelines" »

Eighteen Broward County firefighters and two 200-pound "Jaws of Life" machines were needed to free three children trapped inside a car after a side-impact collision. After 20 minutes of hard work, the firefighters freed the children, and the vehicle's 5 occupants were sent to the Broward General Medical Center.

According to local news, the injured children were "very shaken up," but firefighters did a good job of keeping the children calm in a potentially stressful situation. Luckily, none of the children's injuries were life threatening.

When a child is involved in an accident, special care must be taken to ensure the child's well-being and safety. That principle applies to emergency rescue personnel, attending physicians, and even personal injury attorneys.

Especially when a child's recollection of events is important to the outcome of a case, lawyers must tread carefully. A court of law can be an intimidating place, so lawyers should be wary of inflicting unnecessary anxiety on children. Our law firm has found that when dealing with child injury cases, the best practice is to involve children in as little litigation as possible. But, if a child's deposition or trial testimony absolutely must be taken, there are ways to make the process a calm and comfortable experience for everybody involved.

Florida has a few special laws in place to protect child witnesses. For example, in some cases a child's videotaped deposition can be introduced into evidence without actually requiring the child to be present in the courtroom. Additionally, Florida judges have discretion to to exclude the public from the courtroom or relax other courtroom formalities while the child testifies.

Continue reading "Broward County Side-Impact Collision Traps Three Children; Implications for Child Witness Testimony In Florida Child Injury Cases" »