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 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...
Researchers in England have found that babies born during weekends have a slightly higher risk of dying within their first seven days in comparison to those born on weekdays. Imperial College London scientists analyzed 1.3 million births across English National Health Service hospitals between April 2010 and March 2012. Their findings showed the death rate...
A Miami, Florida, woman was awarded $23 million in damages by a Charlotte County Circuit Court jury for medical malpractice that resulted in her premature daughter being born with severe brain damage and cerebral palsy. The mother visited her obstetrician in 2010 when she was pregnant with her first child. At 24 weeks of pregnancy,...
Induced labor may help reduce the chances of shoulder dystocia for pregnant women giving birth to larger-than-average babies. Earlier in 2015, researchers at Geneva University Hospitals in Switzerland studied labor induction as an option to decrease the risk of shoulder dystocia during delivery. They found that one case of shoulder dystocia was prevented for every...
A new study by Canadian researchers suggests that genetics may play a more significant role in the origins of cerebral palsy than experts previously thought. Researchers from Sick Kids Hospital in Canada and the Research Institute of the McGill University Health Center have found that at least one in 10 cases of cerebral palsy has...
Parents and Cerebral Palsy Diagnosis
It doesn’t seem fair. Why did your baby suffer cerebral palsy? Why your family? Sadly, there are some things in life that go unanswered and just don’t make sense. Although we know why this Florida birth injury occurred – due to negligent doctors – it still doesn’t make you feel any better. Many parents of...
Qualifications Of A Birth Injury Lawyer
What lawyer qualifications should I look for if I’m pursuing a birth injury case? Past experience with similar cases is one of the most important lawyer qualifications to look for when hiring an attorney. This means an attorney who’s handled similar birth injury cases is typically the best suited to handle an Erb’s palsy case,...
Birth injury lawsuit filed by Florida parents
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...
Exercising with a Child Who Has Erb’s Palsy
Erb’s palsy is a birth injury that limits a child’s ability to use the affected shoulder, arm and hand in a “typical” capacity. Medical professionals may advise a course of treatment that includes daily at-home exercises and prescribed movements. These are intended to help the child regain mobility, prevent atrophy and promote healing. Surgery may...
The Effects of Prolonged Labor
One potential risk of childbirth is prolonged labor, which occurs when the mother remains in labor beyond the standard period of time. This condition can carry a higher risk for birth injuries, and it’s vital that doctors monitor cases of prolonged labor and respond appropriately to minimize or avoid risk of injury. Prolonged Labor Overview...
The Many Types of Florida Birth Injuries and the Laws that Protect Victims
Many Florida parents have had their life changed in the blink of an eye when their babies suffered birth injuries at the hands of negligent medical doctors. What once was a happy occasion turned into a traumatic situation and medical emergency. When an expectant mother goes into labor, she is thinking about the excitement of...
What is Erb’s Palsy?
Erb’s palsy is a condition that is caused by an injury to the brachial plexus, which consists of the nerves around the shoulder. Erb’s palsy is also referred to as brachial palsy, Erb-Duchenned paralysis or Klumpke paralysis. The condition differs from other kinds of palsy, and is marked by frailty or lack of movement in...
What You Should Know About Filing A Birth Injury Lawsuit?
If your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child’s life and will likely require constant medical care. There are a number of important...
What are Some Common Birth Injuries Associated with C-Sections?
Some common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There...
What Can I Expect in the First Year of Erb’s Palsy?
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...
Can I file a birth injury lawsuit for Erb’s Palsy?
Erb’s palsy can be the basis for a birth injury lawsuit. Erb’s palsy is one kind of brachial plexus palsy. It is a paralysis of the arm caused by an injury to the brachial plexus, a network of nerves in the neck that leads to nerves in the arm. Erb’s palsy causes lack of motion...
What is the burden of proof in an Erb’s palsy case in Florida?
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...