A family was awarded more than $4.8 million in a medical malpractice case arising from a birth injury that occurred over a decade ago. Guerline Cherenfant Jean, Loheirson Jean and their 14-year-old daughter filed the lawsuit in 2004 against a Fort Lauderdale midwife and doctor. Circuit Judge Michele Towbin Singer presided over the five-day trial...
The Florida Supreme Court permitted a family to resume their birth injury claim against the University of Miami (UM). According to the Florida Record, the parents of a child who is currently age 17 filed a lawsuit against UM, alleging that at the time of his delivery at Jackson North Maternity Center in Miami-Dade County,...
Florida hospitals have among the highest cesarean section rates for low-risk pregnancies for first-time mothers in the nation. Consumer Reports analyzed C-section data reported by more than 1200 hospitals across the country. They found C-section rates varied significantly among institutions and within the same communities. Low-risk pregnancies are defined as those in which the baby...
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...
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 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...

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...

The United States has a high caesarean-section rate of 32.5 percent in comparison to the average of 28 percent among developed nations. The high rate has been controversial as the surgical procedure is not always medically necessary. While C-sections may be performed due to a woman’s personal preference, in some cases they are required for...

A resident of Florida has filed a birth defect lawsuit against Pfizer, the manufacturer of Zoloft, an antidepressant. The plaintiff alleges that the drug caused her daughter to have a birth defect. The plaintiff further claims that Pfizer neglected to sufficiently test Zoloft as well as failed to warn consumers and physicians of the potential...

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”...

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...

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...

Erb’s palsy is a condition that is caused by an injury to the brachial plexus, which consists of the nerves around the shoulder. Erb’s palsy is also referred to as brachial palsy, Erb-Duchenned paralysis or Klumpke paralysis. The condition differs from other kinds of palsy, and is marked by frailty or lack of movement in...

Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to...

First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families...

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....

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...

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...