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...
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 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...
An appeals court upheld a $3 million verdict against Janssen Pharmaceuticals, Inc., which is a subsidiary of Johnson & Johnson, for serious birth injuries that were caused by the mother’s ingestion of Topamax while she was pregnant. As reported in PRNewswire, the daughter of Kelly and Brian Anderson was born in 2008 with bilateral cleft...
Medical staff are responsible for carefully monitoring the unborn baby throughout labor and delivery. They must ensure the infant is getting enough oxygen and is not displaying signs of fetal distress. Common warning signs of fetal distress include changes in the baby’s heart rate or movement. Doctors often use electronic fetal monitoring (EFM) to ensure...
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...

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...

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...

Brachial plexus injuries are among the most common types of birth injuries today. They affect the network of nerves that extends from the neck to the shoulder, arm and hand. Brachial plexus injuries can be caused by a number of factors during the delivery process, including birth trauma or shoulder dystocia, where the baby’s shoulder...

The United States has a high caesarean-section rate of 32.5 percent in comparison to the average of 28 percent among developed nations. The high rate has been controversial as the surgical procedure is not always medically necessary. While C-sections may be performed due to a woman’s personal preference, in some cases they are required for...

Legal Options if Your Child Suffered Birth Injuries in Homestead Related to Negligence The U.S. Census Department estimates that there are 1,344 women in Homestead, Fla., between the ages of 15 and 50 who gave birth in 2012. These are, of course, happy times for the families, though if a child suffered birth injuries the...

As parent’s ourselves we understand what a responsibility parents carry to keep their children safe. Children and their safety is always top priority. As a service to our clients and other parents, we have created this section to offer advice to help. Over the last thirty years, we have learned tips to avoid some of...

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 birth injury can be devastating for the parents and have lifelong effects for the child. Many birth injuries lead to disabilities that require extensive care. In some cases, parents may wonder if a medical mistake was the cause of their child’s birth injury, but they are unsure how to proceed. Not every medical condition...

Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful...

Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....

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...

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...