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...
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...
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 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...
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...
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...
Qualifications Of A Birth Injury Lawyer
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,...
The Many Types of Florida Birth Injuries and the Laws that Protect Victims
Many Florida parents have had their life changed in the blink of an eye when their babies suffered birth injuries at the hands of negligent medical doctors. What once was a happy occasion turned into a traumatic situation and medical emergency. When an expectant mother goes into labor, she is thinking about the excitement of...
The Possible Long-Term Prognosis of Erb’s Palsy in Florida
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....
How to Identify Signs of Epidural Harm to a Newborn
How Epidural Errors Happen During Labor and Delivery Key Takeaways: Epidurals are generally safe, but administration errors like incorrect dosage, improper placement, or failure to monitor can cause serious complications including oxygen deprivation, heart problems, and brain injuries. Warning signs include low heart rate, poor muscle tone, breathing difficulties, low Apgar scores, seizures, and missed...
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...
Exercising with a Child Who Has Erb’s Palsy
Erb’s palsy is a birth injury that limits a child’s ability to use the affected shoulder, arm and hand in a “typical” capacity. Medical professionals may advise a course of treatment that includes daily at-home exercises and prescribed movements. These are intended to help the child regain mobility, prevent atrophy and promote healing. Surgery may...
What Are Some Examples Of Birth Trauma Injuries?
Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....
What Are The Most Common Types Of Birth Injuries?
First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families...
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...
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...
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 You Should Know About Filing A Birth Injury Lawsuit?
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...