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...
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...
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...
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,...
A federal birth injury lawsuit has been filed by a Florida mother whose baby suffered a brachial plexus injury during delivery. The lawsuit was filed in U.S. District Court for the Middle District of Florida against the healthcare clinic where the baby was born. The lawsuit alleges that a certified nurse midwife (CNM) made several...
Brain damage is among the most serious birth injuries a baby can suffer. It can be caused by head trauma during the delivery process due to oxygen deprivation and decreased blood flow to the baby’s brain. Brain trauma can affect a child’s ability to grow and develop normally, impacting their entire life. A new study...

A Brachial plexus injury, also known as Brachial plexus palsy, is an injury that occurs during the delivery of a newborn when the head and shoulder are abnormally stretched, damaging the nerves of the shoulder. This birth injury may cause your newborn’s arm to lay limp or have limited mobility in the shoulder and/or hand....

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....

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...

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...

Erb’s Palsy, which is also referred to as brachial plexus birth palsy, is a type of obstetric brachial plexus injury that can occur due to complications at the time of delivery. The brachial plexus is a system of spinal nerves that convey messages from the spine to the shoulders, arms and hands. The most typical...

The parents of a baby born in 2013 filed an Erb’s palsy lawsuit alleging that their infant son will suffer neurological damage and be disabled for the rest of his life due to the negligence of physicians and the attending midwife at his birth, at Family Health Centers of Southwest Florida. The birth injury lawsuit...

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...

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...

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...

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...

You may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy. Liability For the Damages and Costs Cerebral palsy is among the most common birth injuries . Anyone who is at fault for...

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...