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October 27, 2010

$13.9 Million Verdict Following Birthing Mistake Causing Cerebral Palsy

A record $13.9 million verdict was recently reached following a costly birth injury affecting newborn girl. Vindy.com News reported on the award, which will be used to provide medical care for the child who suffered permanent brain damage as a result of the preventable medical mistakes during her birth.

At trial the medical expert made clear that the obstetrician who delivered the child failed to take notice of clear signs during the birth that infant was experiences distress in the womb. The signs of problems were obvious at least seven hours before her birth. Print-outs showed that the child needed to be delivered by cesarean section to avoid possible harm during normal childbirth.

However, the doctor failed to take notice of those signs, allowing a vaginal birth to proceed.

As a result, the child received too little oxygen during birth, leading to permanent injuries. She now suffers from cerebral palsy. She has many physical ailments, and is unable talk, roll over, or eat normal food. Her mental abilities are also impaired, but the child is able to count to 50 and knows the alphabet.

The parents of the victim currently provide 24-hour a day care, and the jury award will now ensure that the child will receive quality care throughout her life—even when her parents are no longer around.

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Posted In: Birth Injury Trial

October 12, 2010

Low Apgar Scores At Birth Linked To Cerebral Palsy

A recent study conducted by the Norwegian Institute of Public Health found that individuals with low Apgar scores at birth were more likely to be later diagnosed with cerebral palsy. The study suggests that the link between low Apgar scores and cerebral palsy is related to the damage caused to the motor control centers of the brain. This damage can occur during pregnancy, during childbirth, or even after birth.

To determine a baby’s Apgar score, the baby's muscle tone, heart rate, muscle reflex, skin coloration, and respiration are evaluated. Each factor is scored on a scale of 0 to 2, with 2 being the best score. The scores are added together and the resulting Apgar score ranges from zero to 10. This test is generally done at one and five minutes after birth, and may be repeated later if the score is and remains low. Scores 3 and below are generally regarded as critically low, 4 to 6 fairly low, and 7 to 10 generally normal.

Cerebral palsy is caused by an injury to the infant’s brain that can occur before, during or shortly after birth. Exposures to radiation and infection during pregnancy have lead to cerebral palsy. Examples of these infections include rubella, cytomegalovirus, herpes, and toxoplasmosis. Asphyxia (lack of oxygen) before birth, hypoxia of the brain, and birth trauma during labor and delivery also cause injury to the infant’s brain, which can lead to cerebral palsy.

According to the Centers for Disease Control and Prevention, about 2 to 3 children in 1,000 are affected by brain injuries leading to cerebral palsy. The National Institute of Neurological Disorders and Stroke has estimated that about 800,000 individuals in the United States have cerebral palsy. Babies with cerebral palsy often have an irregular posture and may be born with other birth defects, such as spinal curvature, a small jawbone, or a small head. However, some babies born with cerebral palsy do not show obvious signs and symptoms right after birth.

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Posted In: Birth Injury Prevention, Cerebral Palsy, Illinois Birth Injury, Lack of Oxygen to Fetus, Medical Malpractice Lawsuit, Reports & Studies

October 6, 2010

Couple Awarded $10.2 Million For Wrongful Death Lawsuit

Law.com recently reported on a $10.2 million verdict that was awarded to a Florida couple whose son passed away after suffering brain damage during his birth. During delivery, the medical staff failed to notice that the baby had an umbilical cord wrapped around his neck. Consequently, the baby boy was deprived of oxygen and suffered permanent brain damage.

An U.S. District Judge had originally awarded the couple $60.5 million in 2005 after they filed a medical malpractice lawsuit. That verdict would have been used to provide medical care for the child during his lifetime. Following his birth injury, baby Kevin was unable to speak, sit, or eat. He required constant, around the clock attention. His saliva had to be constantly sucked out of his mouth to prevent him from choking. The boy also required a special feeding tube in order to eat and survive.

Kevin passed away at the age of three following a brain seizure. After their son' death, the couple filed a new, wrongful death lawsuit. The judge awarded the couple $5 million each as well as medical and funeral expenses.

What happened to Kevin was preventable. When the umbilical cord gets wrapped around the baby’s body, often the neck, it affects the baby during delivery. This is called an umbilical cord compression. When the cord is compressed in this way, it leads to a decrease in the flow of blood and oxygen to the baby.

Birth injuries connected to umbilical cord complications occur when there is a failure to observe or respond properly to symptoms of fetal distress and incorrect umbilical positioning. Our attorneys at Levin & Perconti are well experienced in birth injuries and will fight for victims whose children have been injured due to medical negligence. If you know of someone who has been hurt by medical negligence, please contact one of our Chicago birth injury attorneys to discuss your case.

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Posted In: Umbilical Cord Compression

October 4, 2010

Lawsuit Filed After Negligence Causes Damaging Birth Injury

PR Web recently reported on a new birth injury case that has been filed against two medical facilities for negligence that led to serious injuries for a newborn child.

The case involves the birth of the first child for Tina and Jie Wang in March of this year. Tina was cared for by a certified midwife-nurse employed by a local medical association. The delivery was a prolonged process. In the last few hours of the birth, indicators on the fetal monitor made apparent than an obstetrician should have been notified, however that contact did not happen in a timely manner.

Specifically, the monitor indicated that the child had a rapid heart rate with decelerations that ebbed and flowed. Common practice was such that the midwife should have contacted a OB/GYN doctor at that time for assistance. In that way, a C-section birth could have been performed at least a half hour earlier, if not more.

The delay ultimately had serious effects on the infant child. The breathing problems at birth caused the baby, Tiger, to lack oxygen for more than 15 minutes. On top of that the clinicians who helped Tina during the childbirth failed to incubate the young baby in a timely fashion or suction quickly enough, leading to the oxygen problems. As a result of all of this, Tiger suffered from hypoxic-ischemic encephalopathy.

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Posted In: Umbilical Cord Compression

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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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