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(855) 529-0269A 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...
The Florida Supreme Court is assessing a cerebral palsy lawsuit that has raised questions about whether there should be caps on attorney fees in birth injury cases. The case involves a child diagnosed with a debilitating form of cerebral palsy that has left him wheelchair-bound and in need of constant care. The child’s mother alleged...
A Florida couple filed a personal injury lawsuit against pharmaceutical company GlaxoSmithKline (GSK) on Nov. 6. They alleged that their son suffered birth injuries after his mother was prescribed Zofran, a GSK drug, during her pregnancy. The lawsuit claims negligence and intentional misrepresentation on GSK’s part, among other charges. The couple is seeking compensatory and...
A Florida woman has filed a lawsuit against a certified nurse midwife (CNM), alleging that the midwife’s negligence caused her baby to experience a brachial plexus injury during childbirth. According to the complaint, Barbara Carroll, CNM, did not provide appropriate care to the woman, who had been diagnosed with gestational diabetes and had already been...
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...
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...
In this month’s Florida Injury Report, we look at the five most preventable Fort Lauderdale birth injuries. [powerpress]
Cerebral palsy can occur because of a maternal illness during pregnancy or a disease obtained during infancy, but when cerebral palsy is caused by a medical mistake during the labor and delivery process, it is overwhelming to know that it could have been avoided. Sadly, cerebral palsy is not curable. When this Florida birth injury...
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...
When a mother hears that her newborn baby suffered a birth injury, she is often not prepared for this news and doesn’t know much about birth injuries. So, when a mother hears the terms Erb’s palsy and shoulder dystocia used after her baby is born, she needs to understand the connections between the two birth...
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...
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...