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 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...
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...
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...
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...
A recent study found that glyburide, a drug used to treat gestational diabetes, is associated with a number of serious birth complications. The drug, which has increased in use over the last decade, was associated with hypoglycemia, high birth weight, respiratory distress and birth injuries. In addition to being more likely to have complications, babies...
Lawsuit alleges negligence in causing Erb’s palsy
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...
The Effects of Prolonged Labor
One potential risk of childbirth is prolonged labor, which occurs when the mother remains in labor beyond the standard period of time. This condition can carry a higher risk for birth injuries, and it’s vital that doctors monitor cases of prolonged labor and respond appropriately to minimize or avoid risk of injury. Prolonged Labor Overview...
Can epidurals be harmful for babies?
Epidurals have become a common method for managing pain during labor and delivery. Over half of all pregnant women in the United States choose to receive the injections for pain relief during childbirth. An epidural injection is a regional anesthesia administered intravenously around the lower spinal cord area. It is popular because it can help...
5 Most Preventable Birth Injuries
In this month’s Florida Injury Report, we look at the five most preventable Fort Lauderdale birth injuries. [powerpress]
Helping Your Child Cope with Erb’s Palsy
Approximately two to five out of every 1,000 births result in brachial plexus injuries, such as Erb’s Palsy, according to the United Brachial Plexus Network. Erb’s palsy symptoms vary in degree from baby to baby and can rob children of many milestones. As your child gets older, he or she will need answers about the...
Birth injury lawsuit filed by Florida parents
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...
What is Erb’s Palsy?
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...
Should I Hire A Birth Injury Attorney?
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...
What Can I Expect in the First Year of Erb’s Palsy?
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 Is A Wrongful Birth & Can You Receive Compensation From The Doctor Who Performed It?
Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful...
The Connection Between Erb’s Palsy and Shoulder Dystocia
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...
What is the burden of proof in an Erb’s palsy case in Florida?
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...