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Bill aims to prevent choking deaths in schools

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Product picture from LifeVac website.

FRANKFORT — In 2022, 8-year-old Landon McCubbins choked on a bouncy ball in a Nelson County classroom.

His mother, Lauren McCubbins, told the House Primary and Secondary Education Committee on Wednesday her son died after all efforts to dislodge the bouncy ball from Landon’s throat failed.

Rep. Candy Massaroni (R-Bardstown) said House Bill 44, also known as Landon’s Law, could prevent what happened to Landon from happening to another Kentucky child. She is the primary sponsor of the legislation.

“Schools will be allowed to have life-saving, anti-choking devices in their schools while removing the liability from the schools (under this bill),” Massaroni said. “Choking is the leading cause of death in the U.S. for children under the age of 18.”

The bill defines an anti-choking device as “a portable suction device used to remove an airway obstruction during a choking emergency that has been registered as a Class II medical device with the United States Food and Drug Administration.”

The device would be an option, not a requirement, for schools, according to the legislation.

Lauren McCubbins said HB 44 is something Landon would support. Weeks before he died, Landon wrote in his journal at school: “One future technology that will change our lives is a robot that will help paramedics save people’s lives.”

“This is an 8-year-old child wanting technology that will help save lives and hoping that our future is better,” Lauren McCubbins said. “We are not asking you to skip all other emergency protocols. We are asking you to allow LifeVacs in schools to use them when there is no other option.”

Rep. Tina Bojanowski (D-Louisville) asked Massaroni and McCubbins to describe the LifeVac device.

Massaroni said a LifeVac is a simple, non-invasive device that fits over a child or adult’s mouth. It uses suction to remove an obstruction from someone’s throat. She said the device is registered with the FDA and in the process of becoming FDA approved.

“The CDC came out and recommended that anybody that wants to be ADA compliant should get them,” Massaroni added.

Rep. Emily Callaway (R-Louisville) asked Massaroni if the Heimlich maneuver is included in the legislation.

Massaroni said the legislation recommends typical protocols prior to using the LifeVac device, and the Heimlich maneuver is one of the first. The device is an alternative if the Heimlich maneuver does not work, she said.

Lauren McCubbins believes a LifeVac could have saved her son’s life.

“A LifeVac is an alternative to dying,” she said. “Those emergency protocols failed my sweet boy on 11/21/22. There was not a LifeVac in school to even attempt to save him. My son may still be alive had there been. We are here today hoping that this never happens to any child again.”

The House Primary and Secondary Education Committee unanimously approved Landon’s Law. It now goes before the full House for consideration.

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“Capitol Update” is a non-partisan publication of the Legislative Research Commission



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