A recent study of more than 700,000 births found that infant deaths and admission to the neonatal intensive care units were 32 to 47 percent higher during night time deliveries.
These numbers were in line with all admissions in to the intensive care units leading researches to the conclusion that the cause may be that staff fatigue or experience level may be a factor.
Last month a Jury in Delaware handed down a $ 6.5 million medical malpractice verdict for a child with cerebral palsy. The plaintiffs alleged that the doctors failed to properly treat a child with elevated bilirubin levels and jaundice.
The child was born without any complications and sent home, however, the doctors failed to check the child’s bilirubin levels. Four days later the mother brought the child back to the hospital after the child began to have a “yellowish” color. Only then was the child diagnosed and treated for being jaundice.
Here, the doctors should have checked the child’s bilirubin levels and treated the child with phototherapy and if necessary blood transfusions prior to sending him home.
Jaundice is condition where bilirubin’s build up in the blood. When these bilirubin levels get excessively high the child is at risk for brain damage and developing cerebral palsy. If treated promptly this condition has an outstanding success rate.
If you believe your child’s cerebral palsy was caused by jaundice please call us for a free consultation.
Last month a jury returned a verdict of $29 million in a medical malpractice lawsuit involving a child with cerebral palsy.
The lawsuit alleged that doctors at Northwestern Memorial Hospital in Chicago, Illinois failed to treat an infection in the mother prior to her delivery. This untreated infection caused brain damage to the child resulting in cerebral palsy.
If you or your child developed an infection that you think may have caused your child's cerebral palsy please give us a call for a free consultation to discuss your options.
Here is a list of some infections that can lead to cerebral palsy (note: this is just a short list many other infections can lead to cerebral palsy that are not on this list):
Infections in the mother during pregnancy:
Rubella (German measles)
Toxoplasmosis
Urinary Tract Infection (UTI)/Kidney Infection
Chickenpox (varicella).
Cytomegalovirus.
Syphilis
Infections in the child after birth:
Meningitis
Viral encephalitis.
Earlier this month a jury delivered an $18.5 million verdict for a child with cerebral palsy.
The complaint alleged that the child, now 12 years old obtained brain damage due to a lack of oxygen at birth. The lack of oxygen was apparently evident on the fetal monitoring strips indicating the need for medical intervention in the way of an emergency c-section.
A lack of oxygen during birth is a very serious complication often resulting in a birth injury to the child. If your child suffered a lack of oxygen at birth please call our firm for a free consultation to discuss your options.
Recently a medical malpractice lawsuit involving a child with cerebral palsy was settled for $9.5 million.
The complaint alleged that the child was deprived of oxygen at birth and as a result the child developed cerebral palsy.
The following video discusses how a placental abruption can lead to a child suffering a lack of oxygen and developing cerebral palsy.
Placental abruptions are often secondary to hypertension and diabetes. It is imperative that these conditions are controlled properly to avoid harming the unborn child. In fact, in many instances a placental abruption could have been avoided if the doctor diagnosed and treated hypertension and diabetes properly.
The following video discusses how a placental abruption can lead to a child suffering a lack of oxygen and developing cerebral palsy.
Placental abruptions are often secondary to hypertension and diabetes. It is imperative that these conditions are controlled properly to avoid harming the unborn child. In fact, in many instances a placental abruption could have been avoided if the doctor diagnosed and treated hypertension and diabetes properly.
Shoulder Dystocia is a dangerous situation for the child during birth. Shoulder dystocia can lead to cerebral palsy and Erb’s Palsy.
Shoulder dystocia occurs when the child’s shoulder gets such on the mother’s pubic bone. In most instances the child cannot be delivered without first dislodging the shoulder.
If this is not done properly the child may sustain an injury to a set of nerves called the brachial plexus. Injuries to the brachial plexus are often referred to as Erb’s Palsy. Children with Erb’s Palsy have limited dexterity in one or both arms.
In addition to injuring the child’s nerves, shoulder dystocia can also deprive the child of oxygen. Deprivation of oxygen to a child during birth can lead to the child sustaining brain damage and cerebral palsy.
If shoulder dystocia was encountered during your delivery and your child sustained an injury it is highly likely that medical malpractice played a role in your child’s injury and you should contact a lawyer immediately.
The following video demonstrates one of the maneuvers used to dislodge the child’s shoulder: the corkscrew maneuver.
This morning the Supreme Court of Illinois ruled that limits on damages to victims of medical malpractice are unconstitutional.
Today’s ruling has special importance to our firm because the case, Lebron v. Gottlieb Memorial Hospital, 105741 and 105745, Supreme Court of the State of Illinois involved a child that sustained a brain injury at birth.
The following video demonstrates how shoulder dystocia (a child’s shoulder becoming stuck on the mothers pubic bone during delivery) can lead to brachial plexus injuries and Erb’s Palsy (damage to the brachial plexus nerves). As well as how suprapubic pressure can exacerbate the injury.
This video is part 2 of 2. Here a mother of a child with cerebral palsy talks about the importance of a medical malpractice lawsuit to compensate her family for the negligence that resulted in her son’s injury.
From everyone here at The Law Offices of Robert A. D’Iorio, PLLC; we want to wish you a happy Thanksgiving!
This video is part one of two. It features a mother of a child that suffers from cerebral palsy as a result of medical malpractice.
In this video the mother discusses her feelings about bring a medical malpractice lawsuit and why she feels it was important to do so.
Last month a New York Jury delivered a $77 million dollar verdict for a child that suffered a lack of oxygen at birth that allegedly caused the child to develop cerebral palsy.
The lawsuit alleged that after noticing signs of fetal distress the doctors and hospital staff attempted a vaginal delivery rather than performing a c-section. According to the lawsuit his delay caused the child to suffer brain damage.
This is an interesting article I found on a student athlete from Iowa. The athlete is Adrian Clayborn. Adrian is now an able bodied 6-3 and 283 pound defensive end. Even at birth he was big weighing 11lbs 3oz.
Adrian’s size now works for him; however, during his birth it may have been a disadvantage. During birth large baby’s run the risk of getting stuck in the birth canal, a condition known as shoulder dystocia.
Shoulder dystocia is a very dangerous condition that can lead to an injury called Erb’s palsy or brachial plexus palsy. Erb’s palsy is caused by the stretching or tearing of a group of nerves in shoulder called the brachial plexus.
In fact, at birth Adrian Cayborn sustained this injury which causes numbness and/or loss of function in one or both arms.
Erb’s palsy is almost always preventable. To learn more about erb’s palsy / brachial plexus palsy as well as how a doctors negligence may have led to your child’s injury please visit our website or type erbs palsy in the search box of my blog.
Here is a link to the article featuring Adrian Clayborn.
The video below discusses preeclampsia the warning signs symptoms and risks.
Preeclampsia can be very dangerous is not handled properly. It can lead to a placental abruption. A placental abruption occurs when the placenta separates from the uterine wall.
When this occurs the child may be deprived of oxygen which can result in the child developing cerebral palsy.
A placental abruption occurs when the placenta separates from the uterine wall. A placental abruption poses a great risk for the mother and the child and can lead to cerebral palsy.
A placental abruption can be caused by several factors including hypertension and preeclampsia. Preeclampsia is a condition during pregnancy characterized by high blood pressure and protein in the urine.
If your doctor fails to monitor your blood pressure or preeclampsia properly this could lead to a placental abruption and damage to both the mother and the child. It is likely the negligence in failing to monitor high blood pressure or preeclampsia or even failing to diagnosis preeclampsia could be the basis of a medical malpractice lawsuit.
Additionally, failing to perform a c-section in time after a placental abruption occurs could be the foundation of a medical malpractice lawsuit. This is because the doctor should have recognized the abruption and the severity of the abruption and acknowledged the danger to the child by delivering the child immediately.
The Video below discusses the dangers of a placental abruption as well as how a placental abruption occurs.
Last Friday a California judge approved a medical malpractice lawsuit settlement for a child that sustained a birth injury that resulted in cerebral palsy.
The lawsuit alleged that the doctor and medical staff at the University of California Davis failed to recognize signs of fetal distress. As a result of the negligence the child suffered brain damage.
The lawsuit alleged that Tiffany Busone, now 24 suffered a lack of oxygen at birth that resulted in her developing cerebral palsy. Since her birth injury Busone, a recent Arizona State University graduate, has been confided to a wheelchair.
Tiffany’s medical malpractice lawsuit compensation breaks down as follows $20 million for her home aides and care, $15 million for future pain and suffering $6 million for past pain and suffering and the remainder of the $43 million will go to lost income.
The statute of limitations or time limit on bring claims was not an issue in this case because the plaintiffs mother filed suit before the statute of limitations expired.
If you have questions regarding the statute of limitations in your child’s case please call and ask for me directly as soon as possible to avoid having the claim barred by the statute of limitations.
In the following video Katie Couric discusses the meaning, history and origin of Labor Day.
Please enjoy the video and have a happy and safe Labor Day!
Monitoring the fetal heart rate is a vital part of all pregnancies and deliveries. The following video discusses methods for monitoring your child’s heart rate from home during your pregnancy.
Monitoring the heart rate during delivery is critical because abnormalities in the heart rate can indicate fetal distress and a lack of oxygen. If the child is in distress the doctor should take immediate action to avoid serious injuries including brain damage and cerebral palsy.
For a more detailed discussion on fetal heart rate monitoring and cerebral palsy please see my previous post by typing “fetal monitoring” in the search box of my blog.
The following video is an animation on a child encountering shoulder dystocia during delivery and the delivering physician using the Woods Corkscrew Maneuver to dislodge the shoulder to avoid a brachial plexus injury.
Earlier this week a Maryland family received a $ 1.85 million dollar verdict. The lawsuit alleged that the delivering doctor negligently used a vacuum extractor during the delivery at Frederick Memorial Hospital.
The wrongful death action further alleged that if the family would have known the risks involved in the procedure they would have elected a c-section.
The child died two days after delivery on July, 5 2005.
Last week Chicago cerebral palsy lawyers reached a settlement with Loyola University Medical Center in Maywood for injuries that were caused at birth due to a failure to perform a timely c-section.
The $11 million settlement will cover costs of an injury caused by a uterine rupture that left a child with brain damage and cerebral palsy.
Today, July 25, 2009 is Patient Safety Day. Patient safety day has been observed since 2001 with over 40 States participating.
What is Patient Safety Day? Patient Safety Day is a day to remember all of those harmed by medical errors. A moment of silence and a candlelight vigil will be held to remember those harmed and to reflect on the shared vision of a safer healthcare system.
For more information on Patient Safety Day please visit their website.
Vacuum extractions can be very dangerous. If preformed improperly they can result in severe birth injuries including cerebral palsy and Erb’s Palsy.
If shoulder dystocia is encountered and the doctor attempts an extraction using a vacuum, excessive force may be applied causing nerve damage to the brachial plexus and erb’s palsy.
Additionally, excessive force applied with a vacuum can result in a brain hemorrhage, stroke and cerebral palsy.
The following video demonstrates a vacuum assisted delivery.
The following video is a brief overview of preeclampsia. It discusses the symptoms, diagnosing preeclampsia, and the treatment options.
Preeclampsia is a serious condition putting the mother and baby’s health in jeopardy.
Preeclampsia is diagnosed typically after 21 weeks of pregnancy by a presentation of high blood pressure and protein in the urine.
Once the mother has been diagnosed with preeclampsia the doctor must monitor her closely to avoid complications like a placental abruption which can cause the child to be deprived of oxygen and lead to brain damage and cerebral palsy.
This failure of the doctor to monitor the mother closely may be cause for a medical malpractice lawsuit.
This week U.S. News and World Report released its 2009-10 edition of the best hospitals in the nation.
Here is the link to the top 20.
Also, here is a link to my post last year containing the top pediatric hospitals in the country for conditions such as cerebral palsy and Erb’s palsy.
Last week a jury returned a verdict of $31 million in a medical malpractice lawsuit involving a child with cerebral palsy. The lawsuit was against Miami Valley Hospital and is thought to be the largest medical malpractice verdict in Ohio.
According to the complaint the mother was a VBAC meaning she was to deliver vaginally after giving birth to a previous child via a c-section.
The complaint further alleged that the mother’s uterus ruptured during the delivery and the child went without oxygen for 18-20 minutes.
As a result of the oxygen deprivation the child now suffers from cerebral palsy and will need lifelong care.
Note: To avoid any delays and/or appeals the case settled soon after trial.
I would like to wish everyone a Happy 4th of July. Please enjoy this video.
A placental abruption occurs when the placenta separates from the uterine wall. This can put both the mother and child at great risk.
If a placental abruption occurs the child may be deprived of oxygen. This depravation can lead to brain damage and cerebral palsy.
Below is an excellent video discussing risk factors, causes and treatments of a placental abruption.
For a more in-depth discussion on placental abruptions please see my previous post by typing “placental abruption” in the search box of this blog.
The following video discusses gestational diabetes. Gestational diabetes is a form of diabetes brought on by pregnancy. The video’s topics include testing, prevention, treatment and outcomes for mothers with gestational diabetes.
Gestational diabetes can cause the fetus growing larger than recommended for a vaginal delivery. If this occurs shoulder dystocia, a situation where the child’s shoulder gets stuck in the birth canal, may occur.
When shoulder dystocia occurs the child may suffer damage to a group of nerves called the brachial plexus, a condition commonly referred to as Erb’s palsy.
Additionally, shoulder dystocia may lead to the child suffering from a lack of oxygen which may cause brain damage and cerebral palsy.
It is for these reasons that expecting mothers with gestational diabetes should be monitored closely by their doctors and in many instances offered a c-section to avoid damage to the child.
Over the past several years social media sites such as Myspace, Facebook and Twitter have gained much popularity. Now, there is a social network site specially focused on individuals and families of individuals with cerebral palsy.
The site is Cerebral Palsy Social and their website is cerebralpalsysocial.org
Also if you are interested, please feel free to visit/join our Cerebral Palsy, Erbs Palsy & Birth Injury Legal Information Group on Facebook and our Cerebral Palsy, Erbs Palsy & Birth Injury Legal Information Group onMyspace.
On our Cerebral Palsy, Erbs Palsy & Birth Injury Legal Information Groups you can find information regarding medical malpractice and birth injuries . Additionally, I host a live chat every Thursday at 7:00pm EST on Myspace and Facebook where everyone is encouraged to submit any questions they may have regarding birth injuries.
Hope to see you there!
The Umbilical cord delivers nutrients and oxygen to the fetus. Often the cord can become compressed and the supply of oxygen to the child can be cut off or diminished. This is regularly evident on the fetal heart rate monitor by decelerations of the child’s heart.
If this occurs, the doctors should take immediate action to avoid further fetal distress and often an emergency c-section should be performed.
Actions need to be taken immediately because lack of oxygen to the child can cause severe brain damage and/or cerebral palsy.
Failure to perform a TIMELY c-section resulting in lack of oxygen at birth is frequently a cause of action birth injury lawyers use in medical malpractice lawsuits.
The video below demonstrates how the umbilical cord can become compressed.
Recently, birth injury lawyers in Fredrick, Maryland obtained a $4 million verdict in a medical malpractice lawsuit. The lawsuit was brought on behalf of a child that suffers from cerebral palsy.
The plaintiffs in the suit alleged that the doctors failed to properly monitor the fetal heart rate allowing the child to be deprived of oxygen and that the lack of oxygen caused the child to suffer brain damage.
Below is a great informational video made to spread awareness of brachial plexus injuries and erb’s palsy. The video was made by Cameron’s Smile Brachial Plexus Palsy Support Group.
Brachial Plexus Palsy (BPI) or Erb’s Palsy is an injury sustained to a child during delivery. Most brachial plexus injuries occur when shoulder dystocia is encountered. Shoulder dystocia is caused by the child’s shoulder / shoulders getting stuck in the birth canal.
Often to deliver the child the doctor applies excessive force the child’s head damaging the nerves in the brachial plexus. This results in partial or total paralysis of the child’s hand, elbow and/or shoulder.
For a more detailed discussion of brachial plexus injuries and erb’s palsy including treatment, causes, and risk factors please see my previous posts.
Last week birth injury lawyers settled a medical malpractice lawsuit against OSF Healthcare System, Inc. (St. Anthony Medical Center) for $12 million. The lawsuit was brought by the parents of a child that suffered brain damage as a result of lack of oxygen at birth.
The lawsuit alleged that the doctors and hospital staff failed to recognize signs of fetal distress, failed to recognize that the child was in a breach position, and failed to perform a C-section in a timely manner and as a result of this negligence, the child now suffers from cerebral palsy.
One theory of liability some of the best or top Medical Malpractice Lawyers / attorneys often use when bringing birth injury Lawsuits involving cerebral palsy or Erbs Palsy is failure to perform a TIMLEY C – section. Put simply, this means that the doctor or medical staff did not perform a c- section soon enough to prevent damage or injury to the child or did not perform a c-section when the situation called for one resulting in an injury to the child.
There are several reasons the doctor or medical staff should perform a C- section. The video below discusses several including:
Shoulder dystocia
Signs of fetal distress
Fetal heart rate accelerations or decelerations
Lack of oxygen to child
Placental abruption
Placenta previa
Breech Birth
High Blood Pressure
Diabetes
Additionally, the video discusses the process involved in performing a C – section.
Many of our readers are our also members of our Cerebral Palsy, Erb’s Palsy & Birth Injury Information Group on Facebook. This group is an easy and informal way for parents of children with birth injuries to exchange resources and information.
Additionally, I host a live chat every Thursday at 7:00pm EST/EDT. During our live chat parents are encouraged to ask legal questions regarding medical malpractice and birth injuries.
If you are not yet on Facebook please feel free to e-mail your question to me directly at robert@dioriofirm.com
Here is the link: Facebook Cerebral Palsy, Erb’s Palsy & Birth Injury Information Group
Hope to see you there!!!
The Following video discusses the risk factors, symptoms and outcomes for mothers with preeclampsia. One point the video did not touch on is that mothers with preeclampsia are at a high risk for a placental abruption. A placental abruption occurs when the placenta separates from the uterus. This is a very serious situation for both the mother and child.
When a placental abruption occurs the mother may suffer a dangerous amount of blood loss and the child may be deprived of oxygen and damage to the brain may occur. Furthermore, lack of oxygen can lead to the child developing cerebral palsy.
This video discusses some potential problems that can arise during pregnancy. Several topics are discussed in the clip and include:
Oligohydramnios – Not enough amniotic fluid surrounding the fetus
Polyhydramnios – too much amniotic fluid surrounding the fetus
Infection – choramnionitis
Preeclampsia - High blood pressure and swelling this can lead to a placental abruption
Eclampsia- seizures
Gestational Diabetes – this can lead to large babies at risk for shoulder dystoca, (the child’s shoulder gets stuck in the birth canal) a dangerous situation that can damage the brachial plexus (Erb’s Palsy) or lead to a lack of oxygen and brain damage to the child.
Placental Previa- placenta covers the cervix
Last week a jury found that the Good Samaritan Hospital in West Palm Beach, FL was negligent for not having an operation room readily available to perform a c-section. The delay in performing the c-section caused Jordan Preshong Brown, born in 1997, to be deprived of oxygen causing brain damage and cerebral palsy.
1 in 5 deliveries in the United States is the result of induced labor. The following video explains possible reasons for inducing labor. The video touches on some of the main reasons including:
Infection
Decreasing fetal growth
Preeclampsia
Large gestational age child
Maternal illness
Diabetes
High blood pressure
Long pregnancy – past due date
Water broken for more than 24 hours
Failure to induce labor may result in a medical malpractice lawsuit due to injuries to the child such as Cerebral Palsy or Erb’s Palsy.
Approximately 30 % of children born in the United States are born via c-section. This video explains the process and the reasons a c-section may be necessary. The reasons include:
Previous c-section
Large gestational age (LGA) child – large children risk getting stuck in the birth canal a condition known as shoulder dystocia which can lead to erbs palsy and/or a lack of oxygen and cerebral palsy
Breech Birth or Transverse position – Abnormal position of the child
Umbilical cord prolapse - abnormal position of the umbilical cord increases the risk of lack of oxygen to the fetus by flattening the cord when vaginal delivery is attempted and can lead to cerebral palsy
Placental problems- placental abruption placenta previa
Prolonged labor – labor slows or stops
Fetal distress- child’s heart rate demonstrates signs of distress such as a slow heart rate on the fetal monitoring strips. This can be a sign that the child is not receiving sufficient oxygen to his/her brain and can lead to brain damage
Maternal infections – genital herpes or HIV
High Blood Pressure or Diabetes
Many medical malpractice lawsuits are based on the theory that the doctors failed to recognize the conditions mentioned above or recognized the condition but failed to perform a c-section soon enough to avoid injuries like cerebral palsy and Erbs Palsy.
The following video discusses several complications / injuries at birth including:
Breach Birth - Abnormal presentation of the child
Caput succedaneum - swelling of the scalp usually caused by pressure from the delivery.
Cephalohematoma – blood collected under the periosteum
Intracranial Subgaleal Hemorrhage - bleeding in the skull (intracranial) or between the
periosteum and the galea aponeurosis (Subgaleal).
Subconjunctival Hemorrhage - damage to the eye, specifically, bleeding under the conjunctiva
Facial paralysis
Fractures
TIME Magazine recently featured an article on VBAC ( Vaginal Birth After Cesarean Section) and the risks involved.
One of the dangers involve in a VBAC is a uterine rupture. A uterine rupture can put the mother and child at great risk. The child may be deprived of oxygen. Deprivation of oxygen increases the child’s risk of developing cerebral palsy.
As the article states due to the high risks there have been many medical malpractice lawsuits involving VBACs.
The following video discusses topics such as:
Breach Birth - abnormal presentation of the fetus
Macrosomic babies - large babies
Shoulder Dystocia – shoulder getting stuck on the mother’s pubic bone. This can lead to erb’s palsy (injury to the brachial plexus) and/or cause the child to be deprived of oxygen leading to cerebral palsy
Umbilical Cord Prolapse – this happens when the umbilical cord precedes the child and exits the uterus first. This can cause a lack of oxygen to the fetus resulting in brain damage and cerebral palsy
Umbilical Cord Wrapped around the child’s neck – this can cause a lack of oxygen to the fetus and result in brain damage and cerebral palsy
The video below explains the medical reasons for having a Cesarean Section (C-Section). Some of the reasons include:
Shoulder dystocia - which can lead to a brachial plexus injury ( Erb’s Palsy)
Lack of oxygen to the child – Which can lead to Cerebral Palsy
Abnormal Heart rate of the child – Leading to brain damage and cerebral palsy
Any other signs of fetal distress.
Breach birth
Health of the mother at risk- i.e. preexisting liver or heart problems
And finally some infections will warrant a C-section
Last week lawyers for the family of Roberto Morales Jr. reached a settlement of $ 6.5 Million in a medical malpractice lawsuit. The lawsuit alleged that the medical staff at Provena Mercy Medical Center in Aurora, Illinois administered Pitocin to the mother to expedite delivery. The Potocin caused an adverse reaction and caused the child to demonstrate signs of distress.
The medical staff, however, failed to respond to signs that the child was in distress and was experiencing a lack of oxygen to his brain. As a result of the oxygen depravation the child sustained brain damage and will need lifelong care.
Last week a jury awarded the family of Cody White $ 20.5 million for a birth injury that resulted in cerebral palsy.
The Medical malpractice lawsuit alleged that the boy’s mother arrived at the hospital in labor at which time fetal monitoring strips were attached to the mother. The fetal monitoring strips demonstrated that the child was in distress. The family waited two hours for the doctor to arrive. Upon arrival the doctor attempted to induce labor instead of performing an immediate c-section. This delay resulted in a lack of oxygen to the child causing brain damage and cerebral palsy.
In Dekalb County Illinois a family recently settled a medical malpractice lawsuit for $15.35 million in what is believed to be one of the largest birth injury settlements in the County. The complaint alleged that the delivering doctor attempted to deliver the child unsuccessfully 18 times in a one hour period with a vacuum extractor ignoring evidence of a slowed fetal heart rate indicating fetal distress. The child was eventually delivered via an emergency Cesarean section ( C-Section). During the attempted delivery the child sustained a severe brain injury.
After a three week trial a Wisconsin jury recently awarded the family of a boy with cerebral palsy $11.4 million in a medical malpractice lawsuit.
The complaint filed in 2006 alleged that a nurse and a nurse midwife at Gunderson Lutheran Medical Center in La Crosse were negligent and their negligance resulted in the child’s birth injuries.
Last week a Washington jury returned a verdict of $4.25 Million for a child with cerebral palsy. The complaint alleged that the mother suffered a placental abruption (Placenta separated from urterine wall) and that the child was not delivered for over 20 minutes after the abruption. This delay caused the child to be deprived of oxygen which led to her cerebral palsy.
The verdict includes $350,000 for past medical expenses, $ 2.5 Million for the future expenses that may be incurred and $1.4 Million for pain and suffering.
The United Brachial Plexus Network, Inc (UPBN) recently announced the annual Brachial Plexus Injury Awareness Week (October 19 thru 26). The purpose of Brachial Plexus Injury Awareness is to promote public awareness of Brachial Plexus injuries, sometimes called Erb’s Palsy, to infants during childbirth. For those of you unfamiliar with brachial plexus injuries, they are injuries to nerves that affect the hand, shoulder, and/or elbow often leaving one or both arms with some degree of paralysis.
To promote awareness of the injury, below please find several risk factors for Erb’s palsy.
If you are an expecting Mom or your child has erbs palsy please read this, erbs palsy can most likely be prevented if you and/or your doctor are aware of the risk factors.
Erb’s Palsy is caused by a number of factors throughout the pregnancy, labor and/or delivery. During the prenatal period risk factors may be present that should indicate to your doctor that a cesarean section (C-section) is necessary due to the risk of shoulder dystocia (the child’s shoulder getting stuck on the mothers pubic bone). These risk factors include but are not limited to: history of gestational diabetes, maternal weight gain of 35 pounds or more, prior shoulder dystocia, birth weight over 8 lbs. 14 oz., unusually formed pelvis and/or short or small stature of the mother.
Additionally a prolonged second stage of labor may indicate the need for a c-section even if none of the risk factors above were present.
Finally, erb’s palsy may be a result of you doctor not properly handling shoulder dystocia during delivery. Here, there may have been no indications of the risk of your child experiencing shoulder dystocia, however, once encountered the doctor may not have performed the necessary procedures. These procedures often include but are not limited to an episiotomy followed by the McRoberts maneuver, Woods maneuver and/or suprapubic pressure.
Please feel to call or e-mail me if you have any questions regarding your childs injury.
(888) 456-4658 (ask for me, Robert, directly)
On Friday of last week a Chicago family agreed to a settlement of $5.5 million for the injury their son obtained during birth.
The court documents stated that on March 1, 2002 Eva Liberato, of Northlake was given the labor inducing drug pitocin. The family’s doctor attempted to deliver the child with a vacuum and forceps; however the child was not descending properly. The family alleged that during this time the child’s heart rate dropped and that this drop caused a lack of oxygen to the brain that ultimately resulted in the child’s cerebral palsy.
This is a great video about Erb’s Palsy. It includes, Facts about the brachial plexus, treatment for erbs palsy, risk factors for shoulder dystocia, surgical treatments for brachial plexus palsy, the outcome of surgery and the nerves involves in the brachial plexus.
For more information on erbs palsy please visit our website and as always, please feel free to call anytime.
The risk of a child developing cerebral palsy may be cut by nearly 50 percent by administering magnesium sulfate to women just before delivery. The reason magnesium sulfate reduces instances of cerebral palsy is currently unknown however, researchers at University of North Carolina (UNC) are currently investigating the link.
This is a crucial finding because magnesium sulfate is inexpensive and readily available at most hospitals. Therefore, it is likely that doctors will be able to administer magnesium sulfate to a significant number of mothers that deliver their child prematurely. Furthermore, doctors could begin using the treatment immediately as FDA approval is not necessary for the use of magnesium sulfate according to Dr. John Thorp, co-author of the study and professor of obstetrics and gynecology at the University of North Carolina at Chapel Hill. Thorp went further to say that “This is one of the most promising breakthroughs in the management of high-risk pregnancies in more than 30 years,”
Below please find a Video from UNC medical center on magnesium sulfate and cerebral palsy.
Lack of prenatal care can lead to devastating results to a child such as cerebral palsy, erb’s palsy, spina bifida or even death. Often these conditions can be avoided with proper prenatal care. Tonights 20/20 will focus on a grassroots campaign to save these children. Although, the doctors treating these children are doing a great service one has to think; wouldn’t it have been so much easier (for everyone) to treat the mothers (that they are able to treat) properly to begin with and avoid this devastating situation?
The term Hypoxic ischemic encephalopathy (HIE) is a term used to describe damage to the brain caused by lack of oxygen and lack of blood flow to the brain. Hypoxic ischemic encephalopathy (HIE) can cause a permanent neurological disorder and cerebral palsy.
This damage often occurs during birth, due to such problems as abnormalities in the placenta, placental abruption, uterine rupture, umbilical cord compression, umbilical cord prolapse, cord wrapped around the baby's neck, breech birth or high risk births.
The Apgar score was created by Dr. Virginia Apgar as a quick method to assess the health of a newborn at one and five minutes after birth. The test is based on skin color, heart rate, reflex irritability, muscle tone, and Respiration. Each criterion is given a score between 0 and 2 then added up to give a maximum possible score of 10.
Antepartum tests are test performed to determine the condition of the fetus and intrauterine environment and can recognize hypoxia and/or asphyxia. These tests include but are not limited to a biophysical profile, a contraction stress test, Doppler ultrasound flow testing, fetal movement counting, a non-stress test, the oxytocin challenge test and ultrasound test.
Several conditions may be present to necessitate antepartum testing. Examples of such are, hypertensive disorders (preeclampsia), diabetes, decreased or low fetal movement, oligohydramnios (low amniotic fluid levels), slowed intrauterine growth, and pregnancies beyond term.
The Non-Stress Test (NST)
Generally, the non-stress test NST is the first test performed to determine the status of he fetus. It is based on the principle that when the fetus moves, its heartbeat usually increases. The NST evaluates fetal status by monitoring accelerations of the fetal heart rate in response to its own movements.
Biophysical Profile
The biophysical profile is an ultrasound that can supplement the NST. Here, the clinician checks, fetal tone and movement, breathing motions, and the amniotic fluid volume (indication of fetal stress) to assess the general health of the fetus. Then the four components of the test and the NST are given an individual score; 2 for normal (or present), 1 indicating decreased, and finally, 0 for abnormal. The maximum score is 10.
Contraction Stress Test (CST)
The CST is similar to the Non-Stress Test (NST), however, here the fetal heart Rate (FHR) is evaluated in terms of the response to contractions of the mother's uterus. Because it is more detailed and complicated then a NST, it is often used to confirm the results of an abnormal NST.
Selecting the right attorney for a child with cerebral palsy may seem like a daunting task at times. So I put together some questions to help.
If you would like further assistance, I am more then happy to recommend an attorney that specializes in birth injury cases in your area, so please don’t hesitate to call me directly at (202) 243-0581 or 1 (888) 456-4658 or send me an e-mail at robert@dioriofirm.com (please include your name, phone number, child’s date of birth, State where your child was born and State where you are currently residing)
Thank you and I look forward to hearing from you,
Robert
1. Is the attorney familiar with the many medical and legal complexities of cerebral palsy?
2. Has the lawyer/attorney successfully handled cases involving cerebral palsy in the past?
3. If so, what percentage of the lawyer’s practice is dedicated to representing individuals with cerebral palsy?
4. Is the lawyer associated with any reputable law associations such as, ATLA/AAJ, Birth Trauma Legal Associations, etc?
5. Does the lawyer represent plaintiffs (injured party) or defendants (negligent party)?
6. What are the fees? Does the lawyer work on a Contingency fee basis?
7. Who pays the cost of expenses such as medical expert testimony?
8. Is there a charge for a legal fee if there is no recovery?
9. Who will be responsible for expenses if there is no recovery?
10. Will the lawyer explain the legal process and all aspects of your case to you?
I would like to invite anyone that is interested to visit/join our Cerebral Palsy, Erb’s Palsy & Birth Injury Information Groups where you will find valuable resources on both the legal aspects of birth injuries and the latest news and treatments.
It is my hope that the groups will be an easy and informal way for those affected by a birth injury and their families to get the information they need.
Also, I will be hosting a Live Chat every Thursday at 7:00pm EST on the group websites where you are encouraged to ask questions regarding birth injuries.
The Groups are currently on Facebook, Myspace and Yahoo Groups. Also, Please feel free to simply e-mail your question directly to me at robert@dioriofirm.com and I will reply to your e-mail address.
Here are the links:
I hope to see you there,
Robert
Last month a Waynesboro family settled with the University of Virginia Medical Center for $1.35 million in a case that arose from the September 2001 birth of their son.
The family alleged that the treating doctors failed to act in a timely fashion to their son’s condition. The papers stated that the child developed cerebral palsy from being asphyxiated (lack of oxygen) at birth.
Selecting the right attorney for a child with Erbs palsy may seem like a daunting task at times. So I put together some questions to help.
If you would like further assistance, I am more then happy to recommend an attorney that specializes in birth injury cases in your area, so please don’t hesitate to call me directly at (202) 243-0581 or 1 (888) 456-4658 or send me an e-mail at robert@dioriofirm.com (please include your name, phone number, child’s date of birth, State where your child was born and State where you are currently residing)
Thank you and I look forward to hearing from you,
Robert
1. Is the attorney familiar with the many medical and legal complexities of erbs palsy?
2. Has the lawyer/attorney successfully handled cases involving erbs palsy in the past?
3. If so, what percentage of the lawyer’s practice is dedicated to representing individuals with erbs palsy?
4. Is the lawyer associated with any reputable law associations such as, ATLA/AAJ, Birth Trauma Legal Associations, etc?
5. Does the lawyer represent plaintiffs (injured party) or defendants (negligent party)?
6. What are the fees? Does the lawyer work on a Contingency fee basis?
7. Who pays the cost of expenses such as medical expert testimony?
8. Is there a charge for a legal fee if there is no recovery?
9. Who will be responsible for expenses if there is no recovery?
10. Will the lawyer explain the legal process and all aspects of your case to you?
NOTE: The Law Offices Of Robert A. D’Iorio, PLLC handles cases NATIONWIDE with the assistance of co-counsel where permitted.
This week the Government conceded that Mercury in vaccines such as thimerosal caused autism in an 18 month old child. The Government agreed to compensate the now 9 year old Hannah Poling and her family after it was demonstrated that five vaccinations given to her on one day significantly aggravated an underlying type of genetic disorder (mitochondrial disorder), leading to a condition which had “features” of autism. Although the government attempted to differentiate “features of Autism” from Autism, by definition there is no difference as Autism is diagnosed by its symptoms.
The Poling family will be discussing the case tonight on Larry King Live at 9:00 PM EST
This case is significant because it opens the door for over 5000 vaccine liked autism lawsuits pending.
This is a very touching video of a child that sustained brain damage due to lack of oxygen at birth.
More information can be found on Carter's Myspace Page and his Mom's page.
Dr. John Thorp, a University of North Carolina at Chapel Hill professor of obstetrics reported that magnesium sulfate or as it is more commonly known, Epsom salt, may cut the rate of cerebral palsy in premature children by nearly 50 percent.
The findings were presented in Dallas to the Society for Maternal-Fetal Medicine as follows: magnesium sulfate or a placebo was given to 2,241 women going into early labor between 24 to 31 weeks. Although the magnesium did not prevent fatalities among the premature babies, 4.2 percent of the babies born to women given magnesium developed cerebral palsy, as compared to 7.3 percent of those born to women who got the placebo.
The question remains, why were the children born to mothers given magnesium sulfate less likely to develop cerebral palsy?
This remains unanswered, however, the results are promising and given the fact that magnesium sulfate is readily available in most delivery rooms and has common uses such as inhibiting premature labor and is given to women experiencing pre-eclampsia, to prevent them from going into eclampsia, and having a seizure, it is possible that in the future administering magnesium sulfate to mothers experiencing preterm labor will become the standard.
State medical board officials have issued formal reprimands for two obstetricians. The doctors allegedly mishandled two births that led to devastating injuries including cerebral palsy.
The doctors are protected from civil litigation by Virginia's Birth-Related Neurological Injury Compensation Act. Under which the doctors will face no monetary penalty, no civil trial and the reprimands will not affect the doctor’s ability to practice medicine.
According to the Richmond Times-Dispatch these were the first such sanctions issued since the act was created in 1987.
This is a medical animation of a vaginal delivery with the occurrence of shoulder dystocia which may lead to Erb’s palsy.
When shoulder dystocia is encountered the doctor should perform several procedures (such as the McRoberts Maneuver, Woods Maneuver etc.) to dislodge the shoulder. This will avoid or mitigate damage to the brachial plexus (an arrangement of nerve fibers running from the spine (C5-T1), through the neck, the axilla, and into the arm).
Earlier this week a Lewiston family and their son who has cerebral palsy received a nearly $8 million medical malpractice award in a lawsuit against Central Maine Medical Center and one of its midwives.
The plaintiff’s alleged that the midwife and the Lewiston hospital should have recommended an emergency Caesarean section when their baby appeared to be in fetal distress. Furthermore, that the fetal distress was caused by a lack of oxygen and blood to the child’s brain.
As a result of the fetal distress the child now has cerebral palsy.
Earlier this week a Brockton family received a verdict of $26.5 million. The Plaintiffs alleged that the doctors failed to recognize the signs of fetal distress and didn't perform a Caesarian section fast enough the morning of March 14, 1997. Furthermore, the plaintiffs stated that this delay resulted in Jose Bejarano Jr developing Cerebral palsy.
It was an award for him,” said Bejarano, 42, a self-employed trucker. “It’s for him just to make his life better, as much as we can.”
Bejarano and his wife, Maria, said the money allows them to continue to care for Jose at home.
Earlier this month, a Polk County jury awarded Debra Gardner, of Leon, Iowa, more than $13 million. Deb Gardner sued Broadlawns Medical Center and several doctors after her son Nathaniel, 4, was born at the hospital with cerebral palsy.
Ms. Gardner claimed that when Nathaniel was born in 2002, the doctor failed to monitor him during the cesarean section procedure. As doctors prepared to perform a c-section on Deb Gardner, she says they stopped monitoring her baby's heartbeat. Furthermore, a spinal anesthetic caused her blood pressure to drop, which cut off oxygen to the baby. Finally, she says doctors did not realize there was a problem and took their time performing the c-section.
Earlier this month a Glendale California Superior Court jury awarded an estimated $96 million in future damages to a child who developed a neurological disorder caused by untreated jaundice shortly after his birth four years ago at Verdugo Hills Hospital.
According to the lawsuit, the child exhibited several risk factors for kernicterus, a neurological disorder that can cause developmental delays, cerebral palsy and hearing loss, when he developed jaundice shortly after birth.
The untreated jaundice was a sign of the buildup of bilirubin, a yellow bile pigment, produced in greater quantities than a baby's liver can excrete. The jury found that the doctors and medical staff should have been alert the possibility that this buildup could be life threatening and given him the appropriate medical treatment to reduce the bilirubin buildup.
This is the story of Noah. Noah suffered a stroke and now has Cerebral Palsy (CP).
The term stroke is commonly used to describe bleeding in the brain. Intracranial breeding can have several causes including broken blood vessels in the brain, clogged blood vessels, or abnormal blood cells. Strokes can occur in the fetus during pregnancy and in a newborn around the time of birth, damaging the brain tissue and causing neurological problems. Respiratory distress is common in premature infants and is one of the more common causes of strokes in newborns. Additionally, women experiencing coagulation disorders should be seen as having an increased risk for stroke in the fetus and should be treated as such. These are just a few of the more common causes of a stroke in the fetus or newborn many others exist and often should have been foreseen by the doctor and may have been prevented.
A Chicago family reached a $14 million settlement with Northwestern Memorial Hospital Tuesday after their son suffered a severe brain injury during birth resulting in Cerebral Palsy.
The Plaintiffs asserted that their baby boy was not breathing when he was born and that emergency staffers were not prepared to resuscitate him because the doctors mistook the mothers pulse for the child’s. The obstetrician and nurse allegedly misinterpreted the boy's heart rate before the delivery and did not realize the baby was in fetal distress; furthermore, a neonatal resuscitation team was not called to help the newborn until after he was delivered.
As a result, the child went without oxygen for seven minutes which caused him to suffer from spastic quadriplegia.
After deliberating for less then an hour a Virginia Beach Circuit Court jury returned a verdict of just under $2 million against a physician at Chesapeake General Hospital. The plaintiff alleged that the obstetrician mismanaged the baby's shoulder dystocia by applying excessive traction to the baby's head resulting in Erb's palsy. The child suffered serious injuries including avulsion of nerve roots at one level and ruptured nerve roots at multiple other levels.
This touching video was made by Allison Steigerwalt - Mom to Bradley. The message she wants to convey is that “this injury CAN be prevented” with proper medical care. Although treatment, including surgery can mitigate the damage caused by shoulder dystocia, often, Erb’s palsy is a life long condition. This injury can be prevented through education, so please share your knowledge of shoulder dystocia and Erb’s palsy with expecting mothers to ensure they discuss the potential risk factors with their doctors, as the doctors often overlook them which leads to the injury.
Today, a jury in Bell County, Texas awarded a family $12.8 million in a case involving cerebral palsy. The case was brought against Scott and White Memorial Hospital and three doctors that were involved in the pregnancy/birth.
The attorneys on both sides were able to reach a settlement before the verdict was reached. Although the settlement is confidential the Plaintiffs were “…very pleased…”
The New England Journal of Medicine recently published an article entitled Cesarean Delivery and the Risk–Benefit Calculus by Jeffrey L. Ecker, M.D., and Fredric D. Frigoletto, Jr., M.D. This article explains several reasons for an increase of cesarean deliveries over the past several years.
The article states that from 1937 to 2005 there has been an increase in c- sections of 1000% (10 times), in fact, as of 2005 nearly 30% of all deliveries are by C-section. If this trend continues many potential birth injuries such as, cerebral palsy and erb's palsy will be avoided. I believe the increase is due to three factors.
The first factor is the advance in medical treatment for the mother. In 1937, 6% of patients died after cesarean delivery, this has decreased by a factor of nearly 1000 due to modern antibiotics, anesthetic techniques, blood banks, and critical care units. As the risk decreases for the mother more doctors and mothers are willing to deliver via c-section.
Next, the advances of prenatal care and prenatal technology such as ultrasound and fetal heart monitoring have lead to an increase in cesarean deliveries. With new technology doctors are better equipped to determine if the fetus is in distress, may become distressed or may have difficulty progressing in a vaginal birth, thus, avoiding many birth injuries such as Erb’s Palsy and hypoxia which leads to Cerebral Palsy.
Finally, as medical treatment advances women that would not have otherwise been able to conceive are getting pregnant, and at advanced ages.
“…there has been a 3.8-year increase since 1970 in the mean age at first delivery, and since 1990, births to women 35 to 39 years of age and 40 to 44 years of age have increased by 43% and 62%, respectively. In addition, the number of premature and low-birth-weight neonates has increased, in part as a function of the increasing number of multiple gestations (121,246 in 2001 vs. 68,339 in 1980), many of which have resulted, in turn, from the use of assisted reproductive technology — assistance necessitated in many cases by advancing maternal age.”
I believe as technology increases so too will the rate of cesarean deliveries.
Birth injuries sustained to the second child born during a twin pregnancy, were allegedly caused when he did not receive enough oxygen during the delivery in May 2005 which led to the child developing Cerebral Palsy.
Here, the plaintiff’s contend that the medical Records indicate that limbs were blue and that the child was not breathing when he was delivered about an hour after his sister. In most situations a child’s medical record will contain an APGAR score (Activity, Pulse, Grimace, Appearance, and Respiration) this test was designed to quickly evaluate a newborn's physical condition after delivery and to determine any immediate need for medical or emergency care. A score of 8 or above at 1 and 5 minutes usually indicates a child is not in need for immediate help, however, this is not always the case.
The defense is claiming that the child had the condition in utero and for some time. To defeat this, the Plaintiffs are asserting that the damage to the brain was caused by oxygen deprivation at the time of delivery. To support this claim their attorney is stating that if cerebral palsy developed before delivery it would damage large portions of the brain, instead of localized damage that this child has suffered.
Due to the fact that this claim is against the Military it will fall under the Federal Tort Claim Act
(FTCA, August 2, 1946, ch. 753, title IV, 60 Stat. 842, 28 U.S.C. § 1346(b) and 28 U.S.C. §§ 2671-2680), a statute enacted by the United States Congress in 1946 permitting private parties to sue the United States in a federal court for torts committed by persons acting on behalf of the United States. Liability under the FTCA is limited to "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. § 1346(b).
After the six-month period, if the family is not satisfied with the Military’s response, they
can file a lawsuit in U.S. District Court.
Although, in the past several medical malpractice cases involving cerebral palsy have had verdicts in excess of $100 million this case is only in its initial stages and will be defended vigorously. In fact, to demonstrate this, the military went to the media before the suit was even filed, a highly unusual move and one I have rarely seen.
In 1998, a campaign was started to boost young women's intake of a B vitamin called folate. It is believed that this has saved an estimated 1,000 (32 percent) American babies from early death or lifelong disability. Furthermore, it is believed that if all women who may become pregnant took in 400 micrograms daily of folic acid, the incidence of spina bifida in the United States could be reduced by 70 percent. Lately, the drive to prevent neural-tube defects such as spina bifida in newborns has stalled.
In a report issued on Jan. 5, 2007 the CDC found that women in their childbearing years, blood folate levels had declined 16 percent by 2004 from the levels recorded in 2000.
I tend to believe that the decrease in vitamin B may be do to new diet trends such as eating fewer carbs and more protein.
This being the case I believe now it is more important then ever for a doctor prescribe prenatal vitamins to women of child bearing age and/or women expecting to get pregnant. At the very least, the physician should prescribe prenatal vitamins as soon as the doctor knows of the pregnancy.
Failure to Monitor Diabetes or Failure to Properly Monitor Medications may also bring rise to a malpractice suit.
