Advanced Maternal Age and Birth Defects

A couple filed a birth injury lawsuit on July 10, alleging that their son developed Erb’s palsy following a long and difficult childbirth due to the negligence of hospital personnel. The lawsuit states that the midwife, obstetrician and several nurses at the federally managed Family Health Centers of Southwest Florida, Inc. deviated from accepted standards...

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...

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 new study by Canadian researchers suggests that genetics may play a more significant role in the origins of cerebral palsy than experts previously thought. Researchers from Sick Kids Hospital in Canada and the Research Institute of the McGill University Health Center have found that at least one in 10 cases of cerebral palsy has...

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...

Pregnant women may sometimes require assisted delivery through the use of medical instruments to help the baby’s passage through the birth canal. In such cases, the doctor uses either a vacuum device or forceps to aid childbirth. An assisted delivery may be necessary if the mother is undergoing a lengthy, difficult labor and is too...

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...

How serious is Erb’s Palsy? Like any birth injury, the seriousness of Erb’s palsy depends on the severity of the underlying injury. The effects may be temporary, or the child may experience them for the rest of his or her life. Contacting a Florida Erb’s Palsy attorney can be extremely beneficial to both you and...

It is not unheard of for a doctor to blame a mother for her child’s birth injury. This is why it is so important for parents of injured children to understand their rights in a birth injury claim. An attorney can act as an advocate for the mother and injured child, fighting to represent the...

Approximately two to five out of every 1,000 births result in brachial plexus injuries, such as Erb’s Palsy, according to the United Brachial Plexus Network. Erb’s palsy symptoms vary in degree from baby to baby and can rob children of many milestones. As your child gets older, he or she will need answers about the...

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...

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...

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...

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...

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...

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...