Advanced Maternal Age and Birth Defects

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...

New research indicates the drug erythropoietin may be effective in protecting babies from brain damage. Hypoxic Ischemic Encephalopathy (HIE) is a dangerous complication that can occur during delivery. Newborns suffer brain damage due to oxygen deprivation in the nervous system, which can cause debilitating birth injuries such as cerebral palsy and even death if left...

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 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...

Babies with brachial plexus palsy may be at a higher risk of developing plagiocephaly, or flat head syndrome, a condition that causes an infant’s head to be misshapen. Brachial plexus palsy is a birth injury that results in weakness or the loss of movement in a baby’s arm due to the collection of nerves around...

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...

Child head injuries get lots of attention in the sports arena, but concussions aren’t limited to young athletes and high school football players. Infants and toddlers also are prone to head injury. This is especially true as infants and young toddlers begin to crawl, walk and explore the world around them. Seeing your baby “bonk”...

As an expectant mother, you most likely learned how to breathe properly during childbirth by attending a Lamaze class. Or you may have learned hypnosis childbirth to enter into a hypnotic state in order to deal with the pain of a natural childbirth. Whatever you learned and prepared for may be different than what actually...

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...

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...

For expecting mothers, nothing is more traumatizing than the thought of losing an unborn child. If you’ve been in a car accident while pregnant, you may have fears about whether or not your baby is going to be okay. After a car accident when pregnant, you should seek medical attention immediately. If either you or...

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,...

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...

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...

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...

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...

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...

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...