Birth Injury – Causes Of Shoulder Dystocia

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... Read More

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

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

A West Palm Beach, Florida, couple has filed a birth injury lawsuit against an obstetrician who they claim caused their son’s cerebral palsy by choosing to extract him with a vacuum pump instead of allowing a natural delivery. The boy, now 16 years old, was born with the condition on March 6, 1998, and currently... Read More

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

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

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... Read More

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,... Read More

A resident of Florida has filed a birth defect lawsuit against Pfizer, the manufacturer of Zoloft, an antidepressant. The plaintiff alleges that the drug caused her daughter to have a birth defect. The plaintiff further claims that Pfizer neglected to sufficiently test Zoloft as well as failed to warn consumers and physicians of the potential... Read More

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... Read More

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... Read More

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... Read More

There is no one single cure for Erb’s palsy. The likelihood of recovery depends on the severity of the underlying injury. Proper medical and therapeutic care may remedy the effects of the injury or lessen the long-term impact. Unfortunately, the effects may be permanent in the most severe cases of nerve damage. Common Erb’s Palsy... Read More

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... Read More

It is important that parents file a medical malpractice lawsuit before the Statute of Limitations expires. In Florida, the Statute of Limitations for medical malpractice is either within two years of when the injury occurred or within two years of when the injury was (or should have been) identified, whichever is later. In addition, the... Read More

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... Read More

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... Read More