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...
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...
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...
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...
Cerebral palsy is one of the most common conditions that can be caused by birth injuries, occurring in 2.1 of every 1,000 live births. When it occurs as the result of negligence on the part of medical personnel, the parents may be entitled to compensation through a birth injury lawsuit filed against the medical providers....
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...

Simulation using manikins is becoming an integral part of medical training around the country to help improve the quality of care for patients. Research indicates that simulated learning environments contribute to preparing medical staff for emergencies, enhance their skills and allow them to practice rarely used procedures. In addition, simulator training is credited with reducing...

How serious is Erb’s Palsy? Like any birth injury, the seriousness of Erb’s palsy depends on the severity of the underlying injury. The effects may be temporary, or the child may experience them for the rest of his or her life. Contacting a Florida Erb’s Palsy attorney can be extremely beneficial to both you and...

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...

If you have a new child who’s been diagnosed with cerebral palsy, it’ll take a concerted effort, a good amount of time and an open heart to adapt to the new family dynamics. Having a child with special needs adds a new – and sometimes overwhelming – dimension to your life. It is your job...

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...

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...

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...

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...

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...

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...

Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to...

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...