What is Erb’s Palsy?

A couple filed a birth injury lawsuit on July 10, alleging that their son developed Erb’s palsy following a long and difficult childbirth due to the negligence of hospital personnel. The lawsuit states that the midwife, obstetrician and several nurses at the federally managed Family Health Centers of Southwest Florida, Inc. deviated from accepted standards...

New research indicates the drug erythropoietin may be effective in protecting babies from brain damage. Hypoxic Ischemic Encephalopathy (HIE) is a dangerous complication that can occur during delivery. Newborns suffer brain damage due to oxygen deprivation in the nervous system, which can cause debilitating birth injuries such as cerebral palsy and even death if left...

A family was awarded more than $4.8 million in a medical malpractice case arising from a birth injury that occurred over a decade ago. Guerline Cherenfant Jean, Loheirson Jean and their 14-year-old daughter filed the lawsuit in 2004 against a Fort Lauderdale midwife and doctor. Circuit Judge Michele Towbin Singer presided over the five-day trial...

A new study has found that expectant mothers living close to hydraulic fracturing wells are more likely to experience high-risk pregnancies or deliver prematurely. Hydraulic fracturing, also known as fracking, involves drilling into the earth and pumping water, chemicals and sand to release the natural gas inside. Researchers at Johns Hopkins University Bloomberg School of...

The Florida Supreme Court in December 2015 decided not to hear a dispute over whether the University of Miami could be held liable for the actions of two physicians it employed through its medical school. The case concerned a baby who sustained a brain injury during delivery in 1998 at Jackson North Maternity Center in...

A birth injury lawsuit has been filed by a mother and father in Florida, alleging that their child sustained hypoxic ischemic encephalopathy and other serious birth injuries. The parents, Jenifer and Sean Mochocki, filed the lawsuit March 25 in federal court in Jacksonville, Florida, against the United States of America, pursuant to the Federal Tort...

A Cesarean birth is a major medical procedure performed on a pregnant woman who cannot give birth vaginally. It means the baby will be delivered by surgery, via an incision across the belly and uterus, rather than vaginally. When a C-section May Be Necessary C-sections are done because of pregnancy complications or because of complications...

In this month’s Florida Injury Report, we look at the five most preventable Fort Lauderdale birth injuries. [powerpress]  

The burden of proof in an Erb’s palsy case dictates that a plaintiff – in this case, the injured child’s parents – must prove his or her case based on evidence presented. Essentially, this means the victim must prove the doctor or hospital was at fault versus the doctor or hospital proving they were not...

A new parent with a child diagnosed with a brachial plexus injury often wants to know, “What can I expect in the first year of Erb’s palsy?” The answer depends on the severity of the underlying nerve injury. Mild injuries may “self-resolve” with the passage of time and the use of physical therapy. More serious...

A doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence. Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address...

You may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy. Liability For the Damages and Costs Cerebral palsy is among the most common birth injuries . Anyone who is at fault for...