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SAN DIEGO (KGTV) -- Crews Thursday rescued a woman they say broke her leg while hiking above Blacks Beach.According to authorities, the incident happened around 2 p.m. in the Box Canyon area. Lifeguards say a woman in her 20s fell while hiking in the area and broke her leg.A helicopter could be seen lifting the woman from the canyon and taking her to a nearby hospital.Her condition is unknown at this time. 417

SAN DIEGO (KGTV) -- As drugmakers race to develop a vaccine against the coronavirus, several legal questions are emerging: could the government require people to get it? Could people who refuse to roll up their sleeves get banned from stores or lose their jobs?The short answer is yes, according to Dov Fox, a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego.“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”Fox noted authorities in the United States have never attempted to jail people for refusing to vaccinate, but other countries like France have adopted the aggressive tactic.The legal precedent dates back to 1905. In a landmark U.S. Supreme Court case, Jacobson v. Massachusetts, the court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.That case formed the legal basis for vaccine requirements at schools, and has been upheld in subsequent decisions.“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.In 2019, New York City passed an ordinance that fined people who refused a measles vaccination.That said, recent protests over face coverings show there could be significant backlash to a vaccine mandate, Fox said. Just because states have the power to do it, doesn’t mean it’s the best public policy, he added.Although states would have the authority to mandate vaccinations, there’s more doubt about whether Congress could enact a federal requirement.The most likely federal vaccination requirement would come in the form of a tax penalty, but Fox said given the current composition of the Supreme Court, a federal vaccine requirement would likely be found unconstitutional.Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.That means the U.S. could have a patchwork of different vaccine requirements in different states.States that explore a vaccine requirement should only do so if the vaccine is widely and readily available, Fox said.“Otherwise you create an underclass of people who are less safe and without access to the basic means of society,” he said.States would need to allow exemptions for people with legitimate medical risks, like pregnancy, but not exemptions on religious or philosophical grounds, he said.“Religious exemptions are not constitutionally required by the First Amendment’s Free Exercise clause, provided that the vaccine mandates don’t single out religion; they’re not motivated by a desire to interfere with it,” he said.In the workplace, private employers would have a lot of flexibility to require vaccinations and fire workers who refuse them for anything but legitimate medical concerns.As long as employers show there are significant costs associated with having unvaccinated workers, they would not need to offer religious exemptions to employees, Fox said.Under the 1964 Civil Rights Act, employers are not required to accommodate religious employees if doing so would pose more than a “de minimis,” or minimal cost. 3561

SAN DIEGO (KGTV) -- As an active 45-year-old man who loves to surf and take adventures with his daughter, Bryce Olson was the last person his friends expected to get cancer.In 2014, a call while at work confirmed it: stage IV metastatic prostate cancer.Metastatic means the cancer has spread to other parts of the body, lymph nodes, bones or other organs.“It was just shocking and sad and I didn’t know anything about this stuff, so I just...I rolled into whatever my doctors were recommending," said Olson.He says the standard of care - surgery, chemotherapy, and the initial hormone therapy - wasn't working.“I started coming to terms with my own mortality. I didn’t even think I’d see my kid get out of elementary school and I was losing hope," said Olson.Olson says he wanted to make his final days count. The Intel employee started learning about precision medicine and eventually pursued DNA sequencing to find out exactly what was driving his disease.“I'm a believer in profiling your tumor at a molecular level and trying to understand what’s driving your unique disease, and then taking that data and then finding the right drug for the right person at the right time," said Olson.His results led him to a clinical trial in Los Angeles, where he was a perfect molecular match for the drug being tested.Four years later, Olson's precision medicine journey led him to San Diego's Epic Sciences.“We're actually going to a place where no test has gone before," said Murali Prahalad, President and CEO of Epic Sciences. "These are metastatic patients; the disease has already spread. And we’re trying to understand in the later stages of the disease when it’s far more complicated, how do you then understand which treatment is the right one.”Patients like Olson have two treatment options, chemotherapy or hormone therapy."It's very important to know which medicine is going to work," said Pascal Bamford, Chief Scientific Officer of Epic Sciences, "At the metastatic end of this disease every week, every day, every month is critically important."The company has created a blood test to make the choice easier, called the Oncotype DX AR-V7 Nucleus Detect.If the antigen AR-V7 is detected in a patient, they have built a resistance to hormone therapy, meaning chemotherapy would likely be a better treatment option.“We think it’s very groundbreaking, to say this is the first test that can tell a patient which drug to go on to extend their life," said Ryan Dittamore, Chief of Medical Innovation.Dittamore says the test helps provides certainty for doctors. Patients they've studied have almost doubled their life expectancy with the AR-V7 test.“It can mean the world, not only to patients but loved ones," said Dittamore.Olson was AR-V7 negative, meaning he could continue hormone therapy.Four months in, it's working. “I’m going to see my kid not only get out of high school but college and get married. I’m fully confident that I can do that because I’m just going to keep pushing," said Olson.In December 2018 the AR-V7 test will be covered by Medicare, meaning thousands of more men will have access to it. 3150

SAN DIEGO (KGTV) — County health officials say with the summer months well underway, they've seen an uptick in the number of children that have needed to be rescued from private pools after nearly drowning.Officials say there have been 49 rescues in private pools, beaches, and bays from March through July, compared to 37 in the same period in 2019 and 33 in 2018. Nearly all of those rescued this year have needed to be taken to the hospital for treatment.Of those 49 that occurred this year, 28 were in pools and 14 were in the ocean, lakes, or bays. The rest did not report a specific body of water. Many public pools have been closed since March due to the pandemic."Parents and guardians must take the necessary precautions to keep these incidents from happening," said Wilma Wooten, county public health officer, said. "Children who swim in pools at home are at higher risk of drowning, especially as parents struggle to supervise their children while continuing to work at home through the summer months because of the novel coronavirus."The county says it's important to teach children to swim, never leave a child unsupervised in or near water, avoid alcohol if you're swimming, and learn CPR.At home, the county recommends installing a fence around the pool and hot tub, installing pool alarms, and keeping an eye on drains and pool toys that could be a tripping hazard. 1389

SAN DIEGO (KGTV) - As election season heats up, some political passions are fueling criminal acts."Speechless and devastated," said Elise Dearborn.Dearborn, who isn't shy about her support of Bernie Sanders, parked her car in front of her home in Encinitas a few weeks ago. In this morning, she walked out to a surreal scene.Five stickers — most of them backing Sanders and purchased at local 2016 rallies — were gone. Ten more were partially taken off.RELATED: Residents concerned over rash of vandalism in Chula Vista"All those memories I used to gaze at were gone," said Dearborn.The vandals apparently scraped at the stickers with a device, leaving behind damaging scratches and paint damage. "It's damage to my property and damage to my freedom of speech," said Dearborn.Dearborn is not the only feeling an unwelcome burn. RELATED: Destructive gas thefts frustrating one Oceanside neighborhoodA supporter of President Trump sent 10News video of his home in Lakeside. As an alarm went off last month, a thief is seen grabbing three flags from the fence outside his home. Back in December, at the same home, the laughter of two thieves can be heard in surveillance video as they made off with two more flags.Both American flags and Betsy Ross flags have been stolen. According to the Anti-Defamation League, some extremist groups have used the 13-star flag, but it remains a historical flag mainly used for patriotic purposes.According to the homeowner, in the past three years, more than two dozen flags, signs, and banners supporting President Trump have disappeared or been vandalized, some even burned.Those type of acts are condemned by a backer of a different candidate. "Whoever the candidate is, we should have a right to show our support ... without fearing somebody will come and tear it down," said Dearborn.10News talked to several campaigns for local Republicans and Democrats. Sources within the campaigns told us thefts of yard signs have happened, but at similar levels to past years. 2011