Infant With Trisomy 18 and Hypoplastic Left Heart Syndrome

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Infant With Trisomy 18 and
                             Hypoplastic Left Heart Syndrome
                             Stephanie Kukora, MD,a,b Janice Firn, PhD,a,c Naomi Laventhal, MD,a,b Christian Vercler, MD,a,d Bryanna Moore, PhD,e
                             John D. Lantos, MDe

We present a case in which a fetal diagnosis of complex congenital heart                                abstract
disease and trisomy 18 led to a series of decisions for an infant who was
critically ill. The parents wanted everything done. The surgeons believed that
surgery would be futile. The parents publicized the case on social media,
which led to publicity and pressure on the hospital. The case reveals the
intersection of parental values, clinical judgments, ethics consultation,
insurance company decisions about reimbursement, and social media
publicity. Together, these factors complicate the already delicate ethical
deliberations and decisions.

                                                                                                        a
                                                                                                         Center for Bioethics and Social Sciences in Medicine,
                                                                                                        b
                                                                                                         Division of Neonatal-Perinatal Medicine, Department of
Some dramatic cases force doctors to               at which his condition was diagnosed                 Pediatrics, cDivision of Professional Education, Department
reevaluate long-held ethical norms and             did not offer surgical intervention for              of Learning Health Sciences, and dDepartment of Surgery,
                                                                                                        University of Michigan, Ann Arbor, Michigan; and eChildren’s
ingrained patterns of practice. More               infants with trisomy 18. They                        Mercy Bioethics Center, Children’s Mercy Hospital, Kansas
commonly, however, ethical norms shift             transferred to a different hospital that             City, Missouri
gradually and almost unnoticeably over             was willing to offer cardiac surgery. At
                                                                                                        Drs Kukora, Firn, Laventhal, Vercler, Moore, and
time. Such slow shifts are usually the             the second hospital, a prenatal                      Lantos contributed to the design of this article, the
result of a combination of factors,                ultrasound at 36 weeks’ gestation                    drafting of the manuscript, and the review of the
including advances in medical                      revealed that the infant now had an                  manuscript and approved the final manuscript as
technology and changes in social                   unbalanced atrioventricular septal                   submitted.
attitudes. In this ethics rounds, we               defect with hypoplastic left heart                   DOI: https://doi.org/10.1542/peds.2018-3779
present a case in which a fetal diagnosis          syndrome. The doctors then explained                 Accepted for publication Dec 3, 2018
led to a series of decisions for an infant         to the parents that, because of the                  Address correspondence to Stephanie Kukora, MD,
who was critically ill with trisomy 18             trisomy, they would not offer surgery.               Division of Neonatal-Perinatal Medicine, Department
and congenital heart disease. The case                                                                  of Pediatrics, C.S. Mott Children’s Hospital, University
reveals the intersection of parental               The parents requested that all possible              of Michigan Medical Center, 8-621 C&W Mott Hospital,
values, clinical judgments, ethics                 life-sustaining therapies be provided.               1540 E Hospital Dr, SPC 4254, Ann Arbor, MI 48109-
                                                   Thus, after delivery, a prostaglandin                4254. E-mail: skukora@med.umich.edu
consultation, insurance company
decisions about reimbursement, and                 infusion was started, and the infant was             PEDIATRICS (ISSN Numbers: Print, 0031-4005; Online,

social media publicity. Together, these            stabilized, first with continuous                     1098-4275).

factors led to complex ethical                     positive airway pressure and then with               Copyright © 2019 by the American Academy of
                                                   intubation and mechanical ventilation.               Pediatrics
deliberations and decisions.
                                                   An echocardiogram confirmed the                       FINANCIAL DISCLOSURE: The authors have indicated
                                                   prenatal diagnosis, and the                          they have no financial relationships relevant to this
                                                                                                        article to disclose.
                                                   cardiothoracic surgeons told the
THE CASE                                           parents that surgery was not an option.              FUNDING: No external funding.
An infant born at 37 weeks' gestation              Instead, they recommended comfort                    POTENTIAL CONFLICT OF INTEREST: The authors have
had been antenatally diagnosed with                care only. The parents declined comfort              indicated they have no potential conflicts of interest
                                                                                                        to disclose.
trisomy 18. His ultrasound, done at at             care. Over subsequent weeks,
22 weeks’ gestation, had also shown                worsening heart failure developed.
a well-balanced atrioventricular septal            Enteral feeding was not provided                         To cite: Kukora S, Firn J, Laventhal N, et al. Infant
                                                                                                            With Trisomy 18 and Hypoplastic Left Heart
defect and a normal aortic arch. His               because of risk of intestinal injury with
                                                                                                            Syndrome. Pediatrics. 2019;143(5):e20183779
parents were informed that the hospital            ductal-dependent systemic blood flow;

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PEDIATRICS Volume 143, number 5, May 2019:e20183779                                                                                     ETHICS ROUNDS
the infant was maintained on                 result of both the medical condition            patient’s condition and consideration
intravenous nutrition. The palliative        and a self-fulfilling prophecy. When             of the parents’ goals and values.
care team arranged for the infant to         infants with this condition are not
be discharged from the hospital on           offered life support, most die. But if          Shared decision-making entails that
prostaglandin.                               offered life support, survival rates            parents and physicians should
                                             increase.4 Authors of several studies           collaboratively choose between
Throughout the hospitalization, the                                                          ethically permissible options on the
                                             of infants with trisomy 13 and 18
parents continued to reiterate their                                                         basis of parents’ values and available
                                             noted 1-year survival rates ranging
desire for all life-sustaining therapies,                                                    medical information.24–26 Values
                                             from 8% to 25%.5–7 Ten percent
including surgery. They described                                                            provide a context in which an
                                             survive .10 years.8 Surgical
their situation on Facebook, leading                                                         outcome can be framed as good or
                                             outcomes for infants with trisomy
to public attention in both traditional                                                      bad.27
                                             and congenital heart disease have
and digital media. When the infant
                                             improved.9–11
was at 2 weeks of life, another                                                              Parents’ and doctors’ values shape
medical center was identified that            Over the last 20 years, more children           their perceptions of different
offered the first stage of surgical           with these conditions are treated and           outcomes. When survival is
palliation. The parents faced a choice:      survive.12–14 Even so, the majority             improbable or impossible, outcomes
(1) accept the risks of surgery and          of these children still die within the          such as having more time with their
travel far from home, knowing that           first year of life. All have severe              living child, avoiding suffering, having
success was unlikely but that they           cognitive and developmental                     an opportunity to hold, staying
had tried everything, or (2) take the        impairment. Many have anatomic                  hopeful or faithful, or being a good
infant home for hospice care. The            anomalies. Authors of existing cohort           parent may determine their choices.
parents opted for transfer and               studies may report the outcomes of              The same event, such as a child dying
surgery. However, their insurance            only a subset who received                      on the operating table during surgery,
company declined coverage for                a particular therapy; for example,              may be perceived by parents as
transport, surgery, and postoperative        studies in which the authors                    better than having their child die
care. An ethics consultation was             evaluated surgical outcomes for                 while receiving comfort care.
requested.                                   trisomy 18 may be influenced by                  Surgeons might perceive that same
                                             infants who were the sickest dying              outcome as the worst possible one.
Stephanie Kukora, MD, and Naomi              before surgery or being excluded for
Laventhal, MD, Comment                       poor surgical candidacy. Likewise,              Many professionals have negative
Trisomy 18 is an incurable, life-            treatments these patients receive at            attitudes toward infants anticipated
limiting condition, characterized by         birth vary widely, which almost                 to have severe impairment. Medical
1 or multiple anomalies, including           certainly influences length of                   literature has been focused on the
dysmorphic appearance, kidney                survival.15 Thus, it is difficult to know        high morbidity and mortality of these
malformations, structural heart              how to counsel parents when they                conditions and the degree of
defects, abnormalities of the                have an infant with a trisomy and               impairment typical for the
gastrointestinal tract, intellectual and     other significant anomalies.                     population, with concomitant
developmental disabilities, poor                                                             emphasis on the invasive, painful, or
                                             Despite the challenges of clearly               undignified aspects of early intensive
feeding and growth, and abnormal
                                             characterizing the epidemiological              care. Physicians rarely see these
breathing patterns or apnea. Trisomy
                                             outcomes of this population, the                children in happy families. Parents of
18 affects 1 in 5000 newborns.1 It has
                                             increased survival has sparked                  these patients, by contrast, report
a higher prevalence on antenatal
                                             debate among ethicists regarding                that their children have a good quality
diagnosis than among live births
                                             what options should be available to             of life.28
because of intrauterine fetal demise
                                             these infants, how we should weigh
and elective pregnancy termination.2
                                             risks and benefits of these therapies,
Until recently, doctors thought that         and who should make these                       Christian Vercler, MD, Comments
all infants with trisomy 18 would            decisions.2,15–23 This debate has led           The decision by a surgeon that
die during infancy. In 1996, these           to relative consensus that a shared             a patient is not a candidate for an
patients were reported to have               decision-making approach between                operative intervention places
a median survival of 3 days, with no         physicians and parents should be                a definitive limit on parental choice.
survival at 1 year.1 Today, however,         employed for these decisions. We                Surgeons are uniquely empowered to
we know that many infants with this          should avoid hard and fast rules and,           make such refusals. Intensivists feel
condition can survive for years.3            instead, individualize decisions on the         less empowered to say “no” to
Universal mortality was, it seems, the       basis of both the specifics of each              parents.29 In this case, many surgeons

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2                                                                                                                         KUKORA et al
refused to operate, but one was                 themselves personally accountable                and believe that [he is] going to defy
apparently willing.                             if a patient has a bad outcome.31                the odds and that he will live for
                                                Parental permission does not                     a long time with us.”32 At the same
When a surgeon states that a patient            legitimize an operation that cannot              time, they were grateful for every day
is “not a surgical candidate,” the              achieve an intended goal.                        that he was alive and wanted as many
surgeon is making a judgment that                                                                such days as possible, noting, “As I
balances facts and values and                   In this case, there was no
                                                                                                 begin this day I’m thankful for
includes concepts that may be opaque            disagreement about the fact that the
                                                                                                 another day with [him]. Thankful
to the nonsurgeon. It may be that the           operation would not be able to achieve
                                                                                                 he’s so peaceful and comfortable.
proposed operation is anatomically              its intended goal. The goal of the
                                                                                                 Thankful he’s so awake and
impossible. It may be that,                     first stage of the 3-stage palliation of
                                                                                                 responsive to my voice. I love this
physiologically, the operation will not         hypoplastic left heart syndrome is
                                                                                                 baby more than anyone can
make the person better. It may be that          only to prepare the cardiopulmonary
                                                                                                 imagine.”33
the surgeon herself does not feel               anatomy and physiology for the
confident that she can bring the                 second- and third-stage operations.              His parents believed that their values
patient safely through the operation.           Even the surgeon who was willing to              should prevail over those of most
The surgeon may feel that the goal of           do the first-stage procedure believed             doctors. His mother said, “I do a lot of
the operation is inappropriate or               that this child would not survive to             praying and talking to the doctors
unachievable. Because the factors               undergo the second or third stage. The           and the nurses and hoping that
that influence this decision are not             issue, thus, was whether the goal of             somehow we can change their
necessarily clear to all involved               performing the operation to allow the            mind.… I’m hoping that it is possible.
parties, such a decision can trigger            parents to say that they had “done               I’d like to take my son home”34 and
concerns that the decision is                   everything” is a legitimate goal.                “It’s a very risky surgery. But we have
motivated by judgments about the                                                                 someone…that is actually willing to
quality of life rather than the chance          Janice Firn, PhD, Comments                       do the surgery and wants to get [him]
of surgical success.                            After the decision was made that the             there now.”34
                                                patient was not a surgical candidate,
The statement that a patient is “not                                                             The Ethics Committee Decision
                                                the parents requested ethics
a surgical candidate” is
                                                consultation. In the conversation with           After reviewing the cardiac surgeons’
a performative utterance. The
                                                the ethics consultation team, the                decision to not offer surgery, the
statement changes the circumstances
                                                parents expressed concern that the               ethics committee determined that it
of the person it describes. Other
                                                decision not to offer surgery was                was made on the basis of the medical
examples of performative utterances
                                                based on the surgeons’ personal bias             condition of the patient and was not
are when a police officer says, “You
                                                toward persons with trisomy 18                   the result of bias regarding trisomy
are under arrest” or when a priest
                                                rather than on medical reasoning.                18. They felt that any child with
declares, “I pronounce you husband
and wife.” In this case, the                                                                     similar medical status, even in the
                                                In the discussion with the ethics
determination that the patient was                                                               absence of trisomy 18, would be
                                                service, the parents identified the
not a surgical candidate led the                                                                 denied surgery. The ethics committee
                                                following goals for their son and their
insurance company to refuse to fund                                                              felt that the cardiac surgeons’
                                                family: (1) do everything to have their
the operation.                                                                                   decision was ethically permissible.
                                                son live at home; (2) pursue all
                                                                                                 They wrote, “When an intervention
                                                available therapies to prolong their
That surgeons are granted the                                                                    portends disproportionate burdens
                                                son’s life, including cardiac surgery,
authority to decide when an                                                                      relative to the intended outcome,
                                                even if that means transferring to
operation will or will not be                                                                    physicians are under no obligation to
                                                another facility for the surgery; and
performed reflects recognition of the                                                             initiate treatment, even if requested
                                                (3) be close to their social support
skill and judgment exercised in                                                                  by parents.” The ethics committee
                                                network and their other children.
deciding whether the benefits of                                                                  referred to and relied on the
operating on a patient outweigh the             They believed that he could beat the             institution’s nonbeneficial treatment
risks of anesthesia and surgery.                odds. They were quoted as saying,                policy in its recommendations.
Surgeons spend tens of thousands                “[We’re hoping] that [he] is able to             Consistent with the official policy
of hours learning to make these                 grow and come home with us and                   statement of the American Thoracic
decisions. The prudence required                we’re able to grow and interact with             Society,35 the institutional policy
in surgical decision-making is                  our kids, our family, our friends – just         states that when a medical
inseparable from the performance                watch him grow at a place other than             intervention is deemed to be
of the operation.30 Surgeons hold               in the hospital.… We absolutely hope             medically futile, physicians are under

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PEDIATRICS Volume 143, number 5, May 2019                                                                                               3
no obligation to initiate or continue        for the Children’s Special Health Care          committed providers are to a given
such treatment, even if requested            Fund to cover costs.                            recommendation.
by the patient or the patient’s family
                                                                                             Digital media had an effect on this
or representative(s). An intervention        Bryanna Moore, PhD, Comments                    infant’s journey. It enabled his story
is considered futile when it satisfies
                                             This case did not reach the level of            to spread. If this story had not been
all of the following conditions: (1) the
                                             national news, but what if it had?              picked up by the press, a third
patient’s condition is terminal and
                                             What if the family’s Facebook page              hospital may never have stepped in
incurable, (2) the intervention is not
                                             had attracted hundreds of thousands             and offered palliative surgery. The
required for relieving the patient’s
                                             of followers, or what if they had               relatively mundane act of people
discomfort, and (3) the intervention
                                             raised millions of dollars? What if the         clicking the “like” and “share” buttons
offers no reasonable medical benefit
                                             President had decided to tweet about            shaped this infant’s short life and
to the patient and serves only to
                                             this story? Turning to digital media            forever changed this family’s story.
postpone the moment of death.36
                                             can seem like the best or only way for          Clinicians and health administrators
Nevertheless, the ethics committee           frustrated parents to advocate for              must be prepared for the ways that
also supported the parents’ right to         their child. It does not always work,           private conversations and decisions
transfer their child to another              but it changes the debate from                  may quickly be subject to public
institution. They wrote, “When               a private and personal one to a public          scrutiny and judgment in the court of
differences in perception of benefits         one, sometimes with unintended                  public opinion.
and risks between parents and                consequences.
medical teams occur, after careful                                                           Case Resolution
deliberation and conversation to             Once digital media get involved, if             When the patient was 5 weeks old,
ensure consistency in comprehension          things go viral, relatively private             the insurance company changed its
and underlying facts, parents should         disagreements about futile treatment            decision and approved payment for
be given the opportunity to secure           can be coopted by third parties for             transfer and treatment. The patient
the services of another physician or         personal and political purposes. This           was transferred with an agreement
hospital and be supported in their           case could easily have transformed              that he could only return to the
efforts to do so.” This, too, was based      from a discussion about what was                referring hospital for care when he
on the American Thoracic Society             best for the infant to one about                had completed postoperative
recommendation that, when there is           whether doctors were biased against             recovery with only controlled and/or
intractable conflict, teams should            infants with disabilities or about              mild heart failure. After transfer, the
offer the option to transfer care to         whether health care organizations               patient’s mother remained at his side,
another institution if an accepting          abuse their power. Such discussions             away from her home, job, and 3 other
institution can be identified.                may or may not have furthered the               children, who were cared for by
                                             parents’ goal of getting surgery for            their father. He underwent surgery
Media and Social Media Involvement           their infant.                                   at 8 weeks of age. Postoperatively,
The case garnered media attention.                                                           his cardiac status worsened. After
                                             Clearly, the voices of digital media are
The patient’s Facebook page, created                                                         6 weeks of intensive postoperative
                                             not necessarily voices of respectable
by his mother, was followed by tens of                                                       support, his parents and care team
                                             moral authority or reason in such
thousands of people.37,38 Multiple                                                           reached consensus that there was no
                                             debates. But they are powerful.
news stations were following the                                                             chance of survival. His parents
                                             Clinicians and ethicists involved in
story as well as several advocacy                                                            requested that he return to the initial
                                             these cases might ask themselves:
groups. A friend of the family created                                                       center for end-of-life care, but he was
                                             Would our reasons for refusing
a GoFundMe page, which was shared                                                            too unstable for transfer and died at
                                             a parental request stand up to mass
.2800 times and raised .27 000                                                               14 weeks of age after transition to
                                             publicity? Would we be comfortable if
dollars.                                                                                     comfort care.
                                             50 000 people knew what we said to
Partly as a result of the publicity,         a family behind closed doors? The               After he died, his mother stated, “I’d
another institution was identified that       test of public scrutiny can lead to             do it all over again.…I had three
would accept the patient in transfer.        more accountability. Interventions              wonderful months with a sweet little
When the parents’ insurance                  should never be offered solely as               boy.…The heart surgery was
company declined to cover the                a result of mounting media or public            successful. It was other complications
costs, a stranger donated 39 000             pressure. But, in situations of clinical        with his other organs.…If we’d have
dollars to pay for the transfer to the       and ethical uncertainty, a test of              taken him home without it we might
accepting institution.39 The family          public scrutiny may be an ethically             have gotten a day.… I think he was
was also able to apply and qualify           appropriate way to check how                    given to us for a reason. Special

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4                                                                                                                        KUKORA et al
children are given to the strongest                4. Wilkinson D. The self-fulfilling prophecy        American Heart Association guidelines
parents and I think he was given to us                in intensive care. Theor Med Bioeth.            update for cardiopulmonary
for a purpose.”37                                     2009;30(6):401–410                              resuscitation and emergency
                                                   5. Kosho T, Nakamura T, Kawame H, Baba             cardiovascular care. Circulation. 2015;
                                                      A, Tamura M, Fukushima Y. Neonatal              132(18, suppl 2):S543–S560
John D. Lantos, MD, Comments
                                                      management of trisomy 18: clinical          15. Derrington SF, Dworetz AR. Confronting
Conflicts about medical futility have                  details of 24 patients receiving                ambiguity: identifying options for
troubled patients, parents,                           intensive treatment. Am J Med Genet A.          infants with trisomy 18. J Clin Ethics.
professionals, judges and policy                      2006;140(9):937–944                             2011;22(4):338–344; author reply
makers for decades.40 In recent years,                                                                358–362
                                                   6. Wu J, Springett A, Morris JK. Survival of
parents’ ability to publicize such                    trisomy 18 (Edwards syndrome) and           16. Janvier A, Watkins A. Medical
cases using social media has made the                 trisomy 13 (Patau syndrome) in                  interventions for children with trisomy
controversies even more                               England and Wales: 2004-2011. Am                13 and trisomy 18: what is the value of
complicated.41 This case illustrates                  J Med Genet A. 2013;161A(10):                   a short disabled life? Acta Paediatr.
the fundamental issue in such cases.                  2512–2518                                       2013;102(12):1112–1117
Treatment of this infant clearly                   7. Nelson KE, Hexem KR, Feudtner C.            17. Carey JC. Perspectives on the care and
prolonged his life. Without intubation,               Inpatient hospital care of children with        management of infants with trisomy 18
mechanical ventilation, parenteral                    trisomy 13 and trisomy 18 in the United         and trisomy 13: striving for balance.
nutrition, and prostaglandin, he                      States. Pediatrics. 2012;129(5):869–876         Curr Opin Pediatr. 2012;24(6):672–678
would have died within days. Instead,              8. Nelson KE, Rosella LC, Mahant S,            18. Bruns DA. Neonatal experiences of
he lived 14 weeks. His mother                         Guttmann A. Survival and surgical               newborns with full trisomy 18. Adv
thought that the efforts to save his life             interventions for children with trisomy         Neonatal Care. 2010;10(1):25–31
were ethically appropriate and that                   13 and 18. JAMA. 2016;316(4):420–428
                                                                                                  19. Janvier A, Farlow B, Barrington K.
his life had a purpose. At least one               9. Maeda J, Yamagishi H, Furutani Y, et al.        Cardiac surgery for children with
doctor was willing to offer surgery.                  The impact of cardiac surgery in                trisomies 13 and 18: where are we
Many doctors and policy makers                        patients with trisomy 18 and trisomy 13         now? Semin Perinatol. 2016;40(4):
might disagree and argue that we                      in Japan. Am J Med Genet A. 2011;               254–260
only prolonged the infant’s dying                     155A(11):2641–2646
                                                                                                  20. Wilkinson DJ. Antenatal diagnosis of
process and subjected him to                     10. Graham EM, Bradley SM, Shirali GS,               trisomy 18, harm and parental choice.
numerous painful procedures at great                 Hills CB, Atz AM; Pediatric Cardiac Care         J Med Ethics. 2010;36(11):644–645
expense when the outcome was                         Consortium. Effectiveness of cardiac
                                                                                                  21. McGraw MP, Perlman JM. Attitudes of
clearly foreseeable. In the United                   surgery in trisomies 13 and 18 (from
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the judiciary would side with the                11. Kaneko Y, Kobayashi J, Yamamoto Y,               dynamic. Pediatrics. 2008;121(6):
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6                                                                                                                                    KUKORA et al
Infant With Trisomy 18 and Hypoplastic Left Heart Syndrome
Stephanie Kukora, Janice Firn, Naomi Laventhal, Christian Vercler, Bryanna Moore
                               and John D. Lantos
                               Pediatrics 2019;143;
     DOI: 10.1542/peds.2018-3779 originally published online April 4, 2019;

Updated Information &          including high resolution figures, can be found at:
Services                       http://pediatrics.aappublications.org/content/143/5/e20183779
References                     This article cites 32 articles, 8 of which you can access for free at:
                               http://pediatrics.aappublications.org/content/143/5/e20183779#BIBL
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                               Fetus/Newborn Infant
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                               sub
                               Birth Defects
                               http://www.aappublications.org/cgi/collection/birth_defects_sub
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Infant With Trisomy 18 and Hypoplastic Left Heart Syndrome
Stephanie Kukora, Janice Firn, Naomi Laventhal, Christian Vercler, Bryanna Moore
                               and John D. Lantos
                               Pediatrics 2019;143;
     DOI: 10.1542/peds.2018-3779 originally published online April 4, 2019;

 The online version of this article, along with updated information and services, is
                        located on the World Wide Web at:
          http://pediatrics.aappublications.org/content/143/5/e20183779

Pediatrics is the official journal of the American Academy of Pediatrics. A monthly publication, it
has been published continuously since 1948. Pediatrics is owned, published, and trademarked by
the American Academy of Pediatrics, 345 Park Avenue, Itasca, Illinois, 60143. Copyright © 2019
by the American Academy of Pediatrics. All rights reserved. Print ISSN: 1073-0397.

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