November 29, 2008

Melamine Traces Found in U.S. Infant Formula

The FDA stated that it discovered the toxic chemical melamine in infant formula made by an American manufacturer, raising the possibility that the problem was more extensive in the US than previously thought. Agency officials said they had discovered melamine at trace levels in a single sample of infant formula. It was also discovered in several samples of dietary supplements made by the same manufactures that make the formula. FDA officials insisted that the levels of melamine were so low that they did not pose a health threat to infants and urged that there is no concern or risk from these levels. The agency spokeswoman said that the contamination was most likely the result of food contact with something like a can liner, or some other manufacturing problems, but not from deliberate adulteration. The woman declined to name the company that made the tainted infant formula. Melamine contamination became a major scandal in China after it was added to milk to disguise test results that measure protein levels. Since it was discovered in China, it has sickened more than 50,000 infants and killed 4. The FDA has stated that he has received assurances from American infant formula manufactures that they did not import ingredients from China. Though manufactures of domestic infant formula say they do not use Chinese ingredients, the F.D.A. began sampling infant formula anyway, using more sophisticated testing that had used in the past. The spokeswoman stated that the agency was testing 87 samples and had completed all but 10 of the tests. Of all of these, only one contained traces of melamine, but the FDA allows anything below 250 parts per billion of melamine in infant formula. The woman stated that the sample contained less than that as did the samples of dietary supplements. To read the full story, click here.

November 26, 2008

Prozac and Paxil Taken During Pregnancy is Linked to Newborn Heart Defects

Pregnant woman who either took two types of antidepressants during their first trimester were three to four times more likely to give birth to a child with heart problems. A study shows that there is a link between the use of antidepressants such as Prozac and Paxil taking during pregnancy to birth defects in newborns. The study focused on babies born to 800 women who said they took either Prozac or Paxil during their first trimester of pregnancy compared ot more than 1,400 expectant mothers who did not. Women on Prozac gave birth to babies four times more likely to have heart anomalies, while those who took Paxil were three times more likely. Additionally smoking during pregnancy increased the risk of heart defects. Doctors warn that many heart anomalies can be treated, so expectant mothers need to consider their health as well when deciding whether or not they should continue with the drugs. It is estimated that more than 10 percent of pregnant women experience depression each year. To read the full story, click here.

November 21, 2008

Cerebral Palsy Malpractice Lawsuit Results in $20.5 Million Verdict

A jury awarded a child with cerebral palsy $20.5 million in a medical malpractice lawsuit that was filed as a result of mistakes that occurred at the time of the child’s birth. The case involved the June 2001 birth of a boy who has been diagnosed with cerebral palsy. The family alleged that the disability was caused by damage to the brain during a four hour delay in his delivery. The medical malpractice lawsuit states that after the mother arrived at the Community Medical Center she was hooked up to a fetal monitoring system which demonstrated that the baby was in distress, yet the doctor did not arrive to deliver the child for approximately two hours, and even after his arrival, attempts were made to induce labor instead of doing an emergency caesarean section. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family successfully argued that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family was able to successfully argue that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. The boy is now 7 years old, requires 24 hour care, is unable to use his hands, is mentally retarded, blind and functions at the level of a 9 month old. The cerebral palsy malpractice lawsuit awarded the family $2 million for past expenses incurred by the parents and $18.5 million for the child’s pain and suffering, lost earning capacity and future medical expenses. To read the full story, click here.

November 19, 2008

Family Awarded $20.5 Million in Birth Injury Case

A jury has awarded $20.5 million in a medical malpractice suit to the family of a child with lasting medical problems caused by mistakes made at his birth. The judge stated that it was the largest award in a medical malpractice case in his 10 years on the bench. The jury found the doctor and hospital negligent in their treatment of the child's mother during the delivery.

A fetal monitoring system indicated that the baby was in distress so the hospital called the doctor but he did not show up for two hours. During this delay, the baby was deprived of oxygen. After the doctor arrived, rather than performing an emergency c-section, he decided to induce labor, which forced the baby to remain oxygen-deprived. When it finally became clear to the doctor that the baby had to be removed, it was too late. The delayed c-section was finally performed nearly four hours after the mother had arrived at the hospital, after the baby had already suffered permanent brain damage. The baby was born with cerebral palsy. He is almost completely blind, has no use of his hands, has severe mental retardation. The boy is now 7 but, because of his birth injury, he functions at the level of a 6 to 9-month old.

The family will receive $2 million health care expenses and related costs. The child was awarded $18.5 million, which he will receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses. Almost all of the money will be used for his care, since he will require 24-hour care for the rest of his life.

To read the full story, click here.

November 14, 2008

Illinois Receives a “D” for its Premature Birth Rate

According to the March of Dimes, a non-profit organization dedicated to improving the health of babies, the United States is failing to prevent premature births, subjecting thousands of babies to increased risk of developing disability and birth injuries. In its first annual Premature Birth Report Card, which compared each state’s actual preterm birth rate to the national Healthy People 2010 objective, Illinois received a “D.” According to the report, Illinois ranked 31st in the U.S. with a preterm birth rate of 13.1%, which is more than 70% higher than the objective of 7.6%. In addition, the number of preterm births in Illinois increased by 11% between 1995 and 2005. The United States as a whole also received a “D” grade, with no state obtaining an “A” and only one – Vermont – achieving a “B.”

The March of Dimes has identified premature birth as a leading cause of newborn death and a major cause of life-long disabilities such as learning disabilities, cerebral palsy, blindness, hearing loss and other chronic conditions. The report states that some of the factors that contribute to premature birth can be addressed and it identifies several prevention opportunities.

Click here for the Illinois report and to view the entire report, click here.

November 10, 2008

Court reinstates birth injury lawsuit

A Court has reinstated a medical malpractice birth injury lawsuit filed by a Las Vegas mother whose child suffered brain damage during birth. The suit was originally dismissed because it was brought after the four-year statute of limitations. However, the Court clarified that the applicable statute of limitations is ten years where the child suffers brain damage or a birth defect.

For the full article.

November 3, 2008

$15.35 Million DeKalb County Record Settlement

A DeKalb County family received a $15.35 million settlement in a birth injury malpractice. This is the largest settlement ever recorded in DeKalb County and one of the largest birth injury settlements in Illinois history. The lawsuit alleged the Defendant physician negligently used a vacuum extractor during labor and delivery. Over the course of nearly one hour, the physician used the vacuum extractor 18 times without success. Another doctor was called in to perform an emergency C-section after the infant’s fetal heart tones showed distress. The child suffered severe brain injuries as a result of the physician’s negligence.

Plaintiffs further alleged that the Defendant hospital failed to exercise reasonable care in evaluating the physician’s competency to perform vacuum deliveries at their hospital. The physician had previously settled in another birth injury malpractice, which resulted in the death of a newborn. To read the full story, click here.