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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...

Medical staff are responsible for carefully monitoring the unborn baby throughout labor and delivery. They must ensure the infant is getting enough oxygen and is not displaying signs of fetal distress. Common warning signs of fetal distress include changes in the baby’s heart rate or movement. Doctors often use electronic fetal monitoring (EFM) to ensure...

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...

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 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,...

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...

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...

The Florida Supreme Court in December 2015 decided not to hear a dispute over whether the University of Miami could be held liable for the actions of two physicians it employed through its medical school. The case concerned a baby who sustained a brain injury during delivery in 1998 at Jackson North Maternity Center in...

It doesn’t seem fair. Why did your baby suffer cerebral palsy? Why your family?  Sadly, there are some things in life that go unanswered and just don’t make sense. Although we know why this Florida birth injury occurred – due to negligent doctors – it still doesn’t make you feel any better. Many parents of...

Doctors are responsible for carefully monitoring both the mother and baby to ensure the pregnancy is progressing normally. One possible complication that can arise is fetal macrosomia. The condition refers to a baby being larger than average for its gestational age. Pregnant women who have been diagnosed with fetal macrosomia require proper medical attention as...

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...

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...

A doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence. Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address...

What Are Some Types of Palsy Resulting from Birth Injuries in Infants? Injury during the birthing process can lead to certain types of palsy including: Erb’s: A type of paralysis from injury to the arm’s upper nerves. Klumpke’s: A type of paralysis from damage to the forearm or hand. Brachial Plexus: Injury of the spinal...

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...

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...

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...