A jury rendered an award of $53 million to a 12-year-old boy who was born with a serious brain injury following 12 hours of fetal distress in the course of the delivery. The trial in the medical malpractice cased lasted one month, and was initiated in December 2013 by the boy’s guardian, who filed a...
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...
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...
Health experts are urging pregnant women to eat healthy and exercise in order to combat obesity and reduce the pregnancy risks associated with it. According to the American College of Obstetricians and Gynecologists (ACOG), more than 50 percent of the nation’s childbearing-age women are obese, overweight or have chronic diseases when becoming pregnant. Obese women...
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 study from the University of British Columbia (UBC) in Canada has found that births performed at home with the help of a midwife are less costly than hospital deliveries and are equally safe for low-risk births. The researchers examined home births by registered midwives in British Columbia over a four-year period. They found that...
Researchers have claimed doctors should not assume that a mother who has previously undergone a vaginal delivery is exempt from the risk of her subsequent babies sustaining brachial plexus birth injuries. A recent study analyzed all brachial plexus birth injuries that occurred between October 2003 and March 2013 at an academic medical institution. There were...
For expecting mothers, nothing is more traumatizing than the thought of losing an unborn child. If you’ve been in a car accident while pregnant, you may have fears about whether or not your baby is going to be okay. After a car accident when pregnant, you should seek medical attention immediately. If either you or...
In June 2015, The Federal Centers for Medicare & Medicaid Services launched an investigation into the unusually high mortality rate among infants who underwent open heart surgery between 2011 and 2013 at St. Mary’s Medical Center in West Palm Beach, Florida. The investigation was triggered by a CNN report which stated that 12.5% of infant...
The long-term effects of Erb’s palsy depend on the severity of the underlying nerve injury and the use of skilled medical intervention. Some patients will experience no permanent effects, while others face a lifetime of physical limitations. Parents may choose to pursue a birth injury claim in cases where a doctor’s negligence caused Erb’s palsy....
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,...
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...
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...
Parents of injured children often struggle with questions such as – Should I hire an attorney to pursue compensation in a birth injury claim? The answer depends on the extent and cause of the injury. An attorney can provide legal representation if a parent believes a doctor or hospital’s mistake caused a birth injury, such...
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...
What Are Some Types of Palsy Resulting from Birth Injuries in Infants? Injury during the birthing process can lead to certain types of palsy including: Erb’s: A type of paralysis from injury to the arm’s upper nerves. Klumpke’s: A type of paralysis from damage to the forearm or hand. Brachial Plexus: Injury of the spinal...
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...
First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families...