February 2, 2010

Doctor Blamed for Erb’s Palsy Birth Injury

An obstetrician recently received a public reprimand from her state’s medical board. The reprimand states that the doctor’s negligence caused a newborn baby to suffer Erb’s Palsy. According to the report in The Mercury News, the negligent doctor tried a suction delivery, but the baby was too large for natural birth. This risky move caused the baby’s shoulder to become locked on the mother’s public bone, damaging the baby’s shoulder nerves and causing Erb’s Palsy, which left his arm and shoulder paralyzed.

Levin & Perconti have represented clients in a number of Chicago birth injury cases involving Erb’s Palsy. In 2009, John Perconti and Patricia Gifford settled a lawsuit for $1.35 million on behalf of a 9-year-old Waukegan girl who lost movement in her arm. Her doctors failed to inform the girl’s mother of her increased risk for shoulder dystocia. They also failed to perform the proper techniques during labor and delivery to disimpact the newborn's shoulder, causing her injury. To learn more about this birth injury lawsuit, read our latest newsletter.

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Posted In: Brachial Plexus , Erb's Palsy , Illinois Birth Injury , Medical Malpractice Lawsuit , Shoulder Dystocia

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January 26, 2010

Illinois Woman Files Medical Malpractice Lawsuit in Death of Unborn Daughter

The Record reports that a woman in Madison County, IL is suing Anderson Hospital and her physician, claiming they failed to provide appropriate prenatal care during her pregnancy. According to the suit, filed by an Illinois medical malpractice lawyer, the doctor failed in her duty to properly monitor the fetus, failed to ensure that the fetus developed properly in spite of the plaintiff’s diabetes and failed to intervene in a timely manner when fetal distress was detected. As a result of the doctor’s failures, the plaintiff’s unborn daughter died in December 2007. To read the full account of this Illinois malpractice lawsuit, click the link.

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Posted In: Fetal Distress , Medical Malpractice Lawsuit

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January 22, 2010

Drop in Average Birth Weight May Lead to Fewer Birth Injuries

Researchers at Harvard Medical School recently released a paper in the Journal of Obstetrics and Gynecology that found the average birth weight in American newborns has dropped by two ounces. The study looked at babies born between 1990 and 2005 and noted that this was the first decline in average birth weight since the 1950s. Additionally, the study found a decrease in the number of large babies born. This is seen as a positive because it leads to fewer instances of birth trauma. A decrease in the number of babies born over the 90th percentile also reduces the occurrence of serious birth injuries that can lead to lifelong health conditions, such as cerebral palsy. Follow the link to read more about this birth weight study.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Current Issues , Reports & Studies

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January 15, 2010

Cerebral Palsy Lawsuit Finds Negligence

A judge has ruled that a doctor violated the standard of care and found him responsible for causing cerebral palsy in a child during a traumatic birth where the doctor had to use a vacuum extraction for almost 50 minutes. The cerebral palsy lawsuit was filed by the child’s parents and accused the doctor of medical malpractice. The judge found that the doctor had caused a serious birth injury when she tried to deliver the baby through vacuum extraction, which uses suction to pull the child’s head through the birth canal during difficult deliveries. The child is now 9 years-old and will require around-the-clock care for his entire life because of his brain damage and cerebral palsy. The doctor herself testified that it was the most disastrous delivery that she’d ever been a part of. An expert witness testified that the baby’s scalp was bobby and that he suffered a sugaleal hematoma, which occurs when blood pools between the scalp and the skin. He did not breathe for 10 minutes and suffered seizures within 24 hours of being born. The judge noted that as a result of the violation of standard of care “severe and repeated trauma as well as shoulder dystocia was inflicted” on the victim. To learn more about the cerebral palsy lawsuit, please click the link.

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Posted In: Cerebral Palsy , Shoulder Dystocia

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January 4, 2010

FDA to Study Safety of Drugs during Pregnancy

The U.S. Food & Drug Administration (FDA) has just announced that it will be launching a new research program called the Medication Exposure in Pregnancy Risk Evaluation Program to study the effects of prescription drugs taken during pregnancy. The program is a collaborative effort between the FDA and researchers at the HMO Research Network Center for Education and Research in Therapeutics (CERT), Kaiser Permanente, and Vanderbilt University.

According to a new study, most mothers have taken at least one prescription drug during pregnancy, yet little is known about the actual risks of taking such drugs, such as the development of birth defects, because clinical research regarding drug safety during pregnancy is scant. This new program should provide the answers that doctors need for prescribing medications and allow expectant mothers to make informed decisions regarding the health of themselves and their babies.

Read more about the details of this new study at injuryboard.com.

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Posted In: Birth Injury Prevention , Reports & Studies

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December 30, 2009

Ultrasound Detects Shoulder Dislocation 3 to 6 Months After Birth Injury

A new study in the January issue of Radiology found that an ultrasound can now be used to detect a posterior shoulder dislocation in infants 3 to 6 months old with a permanent brachial plexus birth injury (BPBI). A doctor from Finland performed ultrasonography to screen for posterior shoulder subluxation in 132 infants with brachial plexus at various times. Their research showed that posterior shoulder subluxation of the humeral head developed in one-third of the 27 patients with permanent BPBI that failed to heal in the first year. It was detected by ultrasound in 55 percent of patients at 3 months of age and in 89 percent of patients at 6 months of age. The ultrasound has proved to be a useful tool for diagnosis of a birth injury. It should be performed on the glenohumeral joint at age 3 and 6 months of age if the symptoms persist. To learn more about the ultrasound therapy, please click the link.

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Posted In: Birth Injury Treatment , Brachial Plexus , Reports & Studies

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December 26, 2009

Erb’s Palsy in Infants

Birth injury can lead to Erb’s Palsy, which is a condition in which nerves are stretched and cause the hand, arm, shoulder and face to be injured. The disease is frequently caused by the excessive force or inappropriate traction on a newborn’s head or neck during childbirth. This will not happen without medical error. Characteristics of Erb’s Palsy include a limp arm, delayed healing of skin on the affected arm, loss of motor function and loss of sensation. Although Erb’s Palsy can be immediately apparent, the extent of the birth injury may not be known for some months after the baby’s birth. Recently, the birth injury lawyers at Levin and Perconti received a settlement for a birth injury case involving Erb’s Palsy. To learn more about the birth injury settlement, please check out Levin and Perconti’s newsletter.

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Posted In: Erb's Palsy

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December 11, 2009

Law Firm Introduces Birth Injury Resource Center

A Massachusetts birth injury law firm recently announced a new website for parents of children who suffered serious birth injuries, www.childrc.com. The birth injury website contains valuable information, including contacts and tools to help parents who are affected by birth injuries such as cerebral palsy and Erb’s palsy. The website also gives parents the opportunity to interact with birth injury experts. Follow the link to learn more about this new resource for birth injury information.

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Posted In: Erb's Palsy , Publications/Resources

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November 9, 2009

$25 Million Verdict Awarded for Botched Birth in Cook County Medical Malpractice Trial

A $25 million jury verdict was recently awarded in a Cook County medical malpractice trial to a Chicago boy who suffers from cerebral palsy resulting from his botched birth eight years ago. Payton White was deprived of oxygen during his birth at Northwestern Memorial Hospital back in August of 2001. This caused severe brain damage which in turn led to him developing cerebral palsy. The verdict ensures that Payton will receive the extensive care and treatment that he is likely to require throughout his life.

Click on the following link for more information about this Cook County cerebral palsy verdict.

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Posted In: Birth Injury Trial , Cerebral Palsy , Lack of Oxygen to Fetus , Verdicts and Settlements

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November 2, 2009

Family Awarded $893,684 in Birth Injury Lawsuit

A family was awarded nearly $900,000 in a birth injury lawsuit against a hospital and two doctors. The family accused the doctors and hospital of negligence in the handling of the woman’s labor and delivery, which caused a permanent shoulder injury to their son. The jury awarded the family $893,684 after the seven-day trial including $110,000 for future loss of earning capacity. The birth injury lawsuit alleged that the doctors should have known that the baby would likely weigh more than 10 pounds at delivery. As a result of this inaction, the baby’s shoulder got stuck behind his mother’s pubic bone after his head was delivered. This prevented his body from easily following his head during delivery. The birth complication caused injury to the nerves in the baby’s shoulder when his nerves were stretched. He has suffered permanent injuries, pain and suffering, disability and expenses as a result of the limited strength, dexterity and motion in his shoulder. To read more about the birth injury trial, please click the link.

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Posted In: Birth Injury Trial , Shoulder Dystocia , Verdicts and Settlements

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November 1, 2009

Judge approves $6 Million Settlement for Birth Injury Lawsuit

A judge has approved a $6 million birth injury settlement against a hospital on behalf of a 4-year-old who suffered injuries during his birth. The boy has cerebral palsy due to the neurological injuries he suffered during his birth at the local medical center. The settlement is the largest-ever medical malpractice settlement against this hospital. The amount reflects the costs of lifetime medical and attendant or assistive-care for the injured child as well as his inability in the future to earn income. The mother had entered the hospital for a routine birth and the doctors ignored all signs of distress during the later hours of labor and did not recognize the problem until the birth. This type of birth injury should have never occurred. To read more about the birth injury settlement, please click the link.

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Posted In: Cerebral Palsy , Verdicts and Settlements

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October 30, 2009

Family Receives $77.4 Million Settlement for Cerebral Palsy Birth Injury

A settlement totaling $77,418,670 was recently reached with St. John’s Riverside Hospital for the family of a three-year-old boy who developed cerebral palsy due to unnecessary delays during birth. The medical malpractice lawsuit alleged that the hospital, and the obstetrician/genecologist who delivered the baby, failed to perform an emergency c-section despite the presence of signs that indicated that the baby was suffering from oxygen deprivation. Instead, the doctor opted for a vaginal delivery, which was alleged to have been initiated almost an hour later.

Click on the following link for more information about this $77 Million cerebral palsy settlement.

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Posted In: C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Medical Malpractice Lawsuit , Verdicts and Settlements

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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