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...
A West Palm Beach, Florida, couple has filed a birth injury lawsuit against an obstetrician who they claim caused their son’s cerebral palsy by choosing to extract him with a vacuum pump instead of allowing a natural delivery. The boy, now 16 years old, was born with the condition on March 6, 1998, and currently...
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...
Researchers in England have found that babies born during weekends have a slightly higher risk of dying within their first seven days in comparison to those born on weekdays. Imperial College London scientists analyzed 1.3 million births across English National Health Service hospitals between April 2010 and March 2012. Their findings showed the death rate...
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...
Doctors and hospitals are using past medical malpractice cases to avoid repeating mistakes that could put patients at risk and give rise to future claims. Shoulder dystocia was found to occur the most frequently among the birth injury lawsuits examined. According to The Wall Street Journal, malpractice insurers and medical specialty groups are analyzing thousands...
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....
Legal Options if Your Child Suffered Birth Injuries in Homestead Related to Negligence The U.S. Census Department estimates that there are 1,344 women in Homestead, Fla., between the ages of 15 and 50 who gave birth in 2012. These are, of course, happy times for the families, though if a child suffered birth injuries the...
A Brachial plexus injury, also known as Brachial plexus palsy, is an injury that occurs during the delivery of a newborn when the head and shoulder are abnormally stretched, damaging the nerves of the shoulder. This birth injury may cause your newborn’s arm to lay limp or have limited mobility in the shoulder and/or hand....
When a child is having a seizure, it’s an extremely frightening experience for a parent. It’s important to know what to do should your child have a seizure so you can avoid panic and foster a quick recovery. Possible Causes of Seizure When children have seizures, many parents automatically assume the cause is epilepsy. But...
A new app called QUiPP could help doctors predict the risk of preterm deliveries. Infants born before 37 weeks’ gestation are considered premature. Each year 15 million babies worldwide are born prematurely. More than one million die from the resulting birth injures and complications. Doctors use several factors to determine the risk of premature birth...
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...
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...
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....
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...
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...
Erb’s palsy can be the basis for a birth injury lawsuit. Erb’s palsy is one kind of brachial plexus palsy. It is a paralysis of the arm caused by an injury to the brachial plexus, a network of nerves in the neck that leads to nerves in the arm. Erb’s palsy causes lack of motion...
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...