News - Birth Injury

Birth injury lawsuit against the University of Miami

The Florida Supreme Court permitted a family to resume their birth injury claim against the University of Miami (UM). According to the Florida Record, the parents of a child who is currently age 17 filed a lawsuit against UM, alleging that at the time of his delivery at Jackson North Maternity Center in Miami-Dade County,… read more

Erb’s Palsy lawsuit alleges negligence on the part of hospital and staff

A woman from Lake Worth, Florida, filed a personal injury lawsuit against her obstetrician/gynecologist and the staff at Bethesda Memorial Hospital. She alleges that they neglected to use the required level of care, skill and treatment at the time of her delivery. As a result of their negligence, her child suffered a brachial plexus injury,… read more

$3M verdict upheld in birth injury lawsuit against Johnson & Johnson

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… read more

$53M award in birth injury case of child with cerebral palsy

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… read more

A promising drug for preventing brain damage in babies

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… read more

Past malpractice lawsuits may help reduce birth injuries

Doctors and hospitals are using past medical malpractice cases to avoid repeating mistakes that could put patients at risk and give rise to future claims. Shoulder dystocia was found to occur the most frequently among the birth injury lawsuits examined. According to The Wall Street Journal, malpractice insurers and medical specialty groups are analyzing thousands… read more

How improper electronic fetal monitoring can lead to birth injuries

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… read more

Family wins nearly 5 million dollars in birth injury lawsuit

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… read more

Miami hospital has highest C-section rate in United States

Florida hospitals have among the highest cesarean section rates for low-risk pregnancies for first-time mothers in the nation. Consumer Reports analyzed C-section data reported by more than 1200 hospitals across the country. They found C-section rates varied significantly among institutions and within the same communities. Low-risk pregnancies are defined as those in which the baby… read more

How assisted delivery can put babies at risk for birth injuries

Pregnant women may sometimes require assisted delivery through the use of medical instruments to help the baby’s passage through the birth canal. In such cases, the doctor uses either a vacuum device or forceps to aid childbirth. An assisted delivery may be necessary if the mother is undergoing a lengthy, difficult labor and is too… read more

Study suggests babies born on weekends have a higher risk of death

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… read more

Study says inducing labor for large babies may prevent shoulder dystocia

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… read more

Doctors warn obesity could lead to pregnancy complications

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… read more

Florida Supreme Court assesses fee limits in birth injury case

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… read more

Florida parents sue GlaxoSmithKline for son’s birth injuries

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… read more

Report finds high number of premature births in Florida

A new study shows that although Florida’s premature birth rate has improved since four years ago, the state still has a high number of such births every year. According to the National Center for Health Statistics, Florida’s premature birth rate has dropped from 13.6 percent in 2013 to 9.9 percent in 2014. The March of… read more

Study finds prevalence of flat head syndrome among babies with brachial plexus injuries

Babies with brachial plexus palsy may be at a higher risk of developing plagiocephaly, or flat head syndrome, a condition that causes an infant’s head to be misshapen. Brachial plexus palsy is a birth injury that results in weakness or the loss of movement in a baby’s arm due to the collection of nerves around… read more

Researchers question underlying cause of cerebral palsy

A new study has found that cerebral palsy occurs mostly due to prenatal factors such as birth defects rather than birth asphyxia and other potential causes often thought to be responsible. The research was published in the September 3 issue of the New England Journal of Medicine. Researchers from the National Institutes of Health and… read more

Researchers link fracking to high-risk pregnancies and premature births

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… read more

Florida woman wins medical malpractice lawsuit over birth injury

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,… read more