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(855) 529-0269A 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...
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 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...
A new study shows that although Florida’s premature birth rate has improved since four years ago, the state still has a high number of such births every year. According to the National Center for Health Statistics, Florida’s premature birth rate has dropped from 13.6 percent in 2013 to 9.9 percent in 2014. The March of...
Cerebral palsy can occur because of a maternal illness during pregnancy or a disease obtained during infancy, but when cerebral palsy is caused by a medical mistake during the labor and delivery process, it is overwhelming to know that it could have been avoided. Sadly, cerebral palsy is not curable. When this Florida birth injury...
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...
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...
In June 2015, The Federal Centers for Medicare & Medicaid Services launched an investigation into the unusually high mortality rate among infants who underwent open heart surgery between 2011 and 2013 at St. Mary’s Medical Center in West Palm Beach, Florida. The investigation was triggered by a CNN report which stated that 12.5% of infant...
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...
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...