Chicago Birth Injury Lawyer Blog

THV News reported late last week on an amazing new surgery performed for the first time on an infant inside the mother’s womb before she was even born. This represents a terrific medical advance that deserves accolades. This particular surgery was performed to correct a spinal birth defect—spina bifida. Amazingly, this surgery was performed when the girl’s mother was 25 weeks pregnant. The girl was finally born last week, more than three months after the surgery was performed.

Spina bifida is a damaging birth injury that arises when a child develops incorrectly with the spinal cord remaining exposed. When not corrected while in the womb it can lead to brain damage and paralysis by the time of birth. Had the surgery not been performed, it is likely that the girl in this case would have faced these injuries. The surgeon leading the effort explained that “ongoing mechanical and chemical injury from the amniotic fluid and moving around inside the uterus is thought to contribute additional damage.”

To avoid the problem of letting the fetus develop while the cord remained exposed, the surgeons at the hospital decided to try the very delicate fetal surgery. The procedure involved covering the exposed spinal cord while inside the mother’s womb.

In the past these surgeries were performed in the first few days after the child was born. However, this represents time first time this particular surgery has been before on a fetus. In the past doctors were unsure if the risks of the surgery outweighed the potential benefit of correcting the problem before birth. After a recent study into the issues suggested that the benefits outweigh the possible harm, the doctors had the green light to try out the surgery. The girl in this case is not without all complications. She maintains certain problems as a result of developing six months with the problem. She will still likely need more surgeries throughout her life. However, as a result of the early intervention surgery, her brain so far seems to be developing normally. This is obviously tremendously good news for the family involved, and they admit that they’d make the same decision again.

By the nature of our work, the Chicago birth injury lawyers at our firm are involved in situations where medical care at birth was below a reasonable level. Our clients are those who have loved ones that suffered a range of injuries—from cerebral palsy and shoulder dystocia to brachial plexus injuries and complications from breech births. Instead of revolutionary new techniques, the cases we work on involve known standards not being met which results in severe harm. Fortunately, while the total number of negligent births remains too high, we have not forgotten that more often than not doctors and medical teams provide great care for their patients. As this latest surgery case demonstrates, there are times when medical professionals make truly amazing advances that will help thousands of future children live better lives than they otherwise might. The contributions of these professionals should be respected.

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Family Awarded $4.5 Million Following Birth Injury Lawsuit

A controversial topic in recent years has been treatment of female inmates during childbirth. Though it is an image that many do not think of when envisioning the prison population, there are often pregnant women who get sentenced to prison time, with their due date set for their time in jail. Correctional facilities have various policies regarding what must happen during these births. Our Illinois birth injury lawyers appreciate that there is much disagreement about what policies work best and what policies are even constitutionally allowed. We have previously blogged about several birth injury lawsuits related to improper treatment of pregnant inmates.

However, many jurisdictions still allow shackling during pregnancy and labor. For example, the Warren County Reporter reported this week on the failure of a piece of legislation in Virginia that would have prohibited shackling of these inmates during labor. According to the report, a General Assembly Delegate sponsored the measure this session, but the bill failed to make it out of a subcommittee.

The Delegate who introduced the measures explained that he was appalled when he discovered that the practice still went on. He summarized by noting that as he “dug into the policies and what motivated the prisons and the local and regional jails to do this, [he found that] they really don’t have a policy; they just shackled everyone.” This seemed misguided. He instead was hoping to urge lawmakers to use the lease restrictive restraints possible in these situations. This does not seem like a controversial provision. Common decency would seem to suggest that a pregnant woman should not be shackled if the shackles are not truly necessary.

This is not just a decency problem, either. The health and well being of the mother and child can be affected. A birth injury could result that otherwise might be prevented as a result of this policy. According to a local member of the ACLU which supported the change to the bill, there is much documentation on the risks associated with these practices. She noted, “Pregnancy can create problems with balance that are exacerbated by shackling.” The shackles make it more likely that a pregnant woman might trip or otherwise brace herself during a fall. The contact made in these falls can lead to miscarriage or injury. Another delegate supporting the measure emphasized that the female body was inclined to move during labor. Moving into the proper birthing condition is necessary for a safe and healthy childbirth. Shackling may prevent that, leading to a range of potential birth injuries.

Interestingly both conservative groups (a pro-family council) as well as a myriad of liberal groups have voiced support for the measure. However, that did not stop the subcommittee to which the bill was assigned from tabled the measure. This move effectively ends the bill’s momentum this cycle and prevents a full committee from hearing the matter. In the meantime, opponents of shackling pregnant inmates are hoping to stop the practice by influencing internal policies with the jails outside of the state legislative process which would have forced the rule changes.

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Fourteen Year Battle Continues for Woman Who Gave Birth in Jail Cell

Woman Sues Sheriff for Treatment During Birth

Over the past few months our Illinois birth injury lawyers have followed the story of a child with cerebral palsy who has been fighting to have a state legislature pass a bill so that he can receive the birth injury lawsuit award that he was given by a jury. We explained how the child had suffered permanent physical disability as a result of problems made by medical caregivers during his birth. As a result, he requires around-the-clock care. His mind is still quite sharp, and he was getting straight As in school. However, his mother eventually could no longer afford to pay for the private help that he needed. Therefore, she was forced to take him out of school, and he now is home schooled.

The family’s jury award of $30 million would have obviously provided plenty of funds to ensure that the boy had the close care he needed to thrive throughout his life. However, the hospital which committed the medical malpractice was run by the state government. Rules in the state require that any damage award given out against a public-defendant—like a public hospital—can only be paid out if the state legislature passes an individual “claims bill” authorizing payment of the funds. This is a long, arduous, expensive, and painstaking process. It is undoubtedly made all the more frustrating considering that it must be engaged in after the long legal process has already run its course.

The delay is made excruciating for the family with the knowledge that their loved one is forced to battle his special needs without the help he could have if only the endless hoops did not have to be jumped through. In this case, the mother explained her son’s condition by noting that he “is a spastic quadriplegic which means both of his arms and legs are impacted. He also has dystonia, a condition that causes debilitating twisting when his muscles contract.” Not only will the funds be used to provide around the clock care, but also to purchase special equipment. Right now the boy can only communicate verbally in ways that his mother can understand. However, special computers exist which would allow him to talk in real time and better interact with those around him.

The family in this case had been fighting for several years with no luck to have access to the funds awarded by a jury to pay for the care needed. However, according to the Denver Channel News, the state legislature finally passed a bill on Friday which would award the family $10 million over a period of ten years. The $10 million is an amendment from the $30 million that was awarded by the jury. With its passage in the state House it now goes to the state’s Senate for possible approval. That body is expected to hear the bill and vote today. This is further than the bill has advanced in previous attempts over the past few years. Our Chicago birth injury attorneys hope that the bill is passed by the Senate, finally putting to rest this long, legal ordeal for the family.

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Birth Injury “Claims Bill” Would be Largest in State History if it Passes

State Legislature Pushes for “Claims Bill” for Birth Injury Victim

The San Francisco Chronicle published a troubling story this week about allegations of chronic abuse at state institutions for children and adults with special needs. According to the story, reports of abuse and chronic mistreatment at facilities for the disabled often go uninvestigated. An examination by an advocacy group known as “California Watch” has found that a task force charged with investigating mysterious deaths may not be doing its job.

The disabled residents in question include many who suffered birth injuries like cerebral palsy. The task force is supposed to ensure that the thousands of members of this vulnerable community receive adequate treatment. But the task force often fails to investigate. For example, a 50-year old autistic man died a few years after breaking his neck. A thorough investigation was not undertaken and no responsibility was ever had. In fact, out of the hundreds of reported cases of abuse over the past five years, only twice has an investigation led to an arrest. Allegations include claims of physical attacks and sexual assaults without anyone ever facing prosecution.

The law in the state requires that all mysterious deaths be fully investigated. Unexplained injuries are the most common reason for a death to be deemed mysterious. But even with this legal requirement, investigations rarely occur. The article shared stories of individuals who suffered broken bones, skin tears, sexual wounds, burns, and other injuries. In one case, a 25-year old cerebral palsy resident began coughing up blood and died of internal bleeding. It was later discovered that he had three cotton swabs in his stomach that torn a whole in his esophagus. His doctors admitted that with his physical abilities, it would have been impossible for the man to have picked up and swallowed the swabs on his own. No one was ever held responsible.

Each Illinois cerebral palsy attorney at our firm is well aware of the chronic problems faced by many youngsters with special needs who are forced to live at these institutions. For example, we have blogged about problems at one of these homes, Alden Village North, that was consistently cited for negligent care of young residents. A shocking 14 children died under mysterious circumstances at the facility over a series of years. In many of those cases it was clear that the death was caused at least in part my negligence on the part of caregivers.

In virtually all of these cases, the children are at these facilities because their family members do not have the resources or capability to provide them with the care that they need at home. Our Chicago cerebral palsy lawyers believe that when a child’s disability is caused by the misconduct of medical professionals at birth, then fairness demands that the negligent party pay for the consequences of their errors. In the birth injury context, that often means ensuring the injured child has access to quality services so that they are not forced to live in the often abysmal circumstances faced by those at facilities like these. We remain proud of our work on behalf of these vulnerable community members. If you or a loved one may know of a child that is not receiving the care they need, please do not sit in silence. Report the situation to authorities.

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Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

New Test to Detect Heart Defect Birth Injuries

Two weeks ago our Chicago birth injury lawyers discussed the Pfizer birth control recall issue. The recall involves one million birth control packets which awere apparently mislabeled. Pills which had active ingredients were mistakenly mixed up with placebos. What that means is that those who received these packets may not have the birth protection that they thought. This is a very complex and problematic situation with a range of legal issues implicated.

An extended story in the Atlantic Magazine on the subject discussed some of those legal complications. Our Illinois birth injury lawyers know that legal liability in this situation is less straight forward than most birth injury cases. That is because at the root of these claims beyond the product liability aspect would be “wrongful birth.” Wrongful birth lawsuits—as their name implies, stem from situations where the negligence of another party caused a woman to become pregnant with a child than she otherwise wouldn’t have had.

One basic question is what is the negligent party’s legal responsibility? The damage could be calculated in a number of ways: the cost of terminating the pregnancy, the cost of carrying it to term, or even the cost of rearing the child over a lifetime. In addition, should the physical and mental health damage caused by the situation be included? These and similar questions are still unsettled in some areas, because wrongful birth cases do not come up all that much—and certainly not on the scale that may exist as a result of this recall.

In general, wrongful pregnancy cases most often involve damages which are determined by adding up the cost of the pregnancy, childbirth, and mental and physical injuries related to the birth. It is often far harder for a mother to receive compensation for rearing a child, and often that amount is offset by a court determined figure which accounts for the “value of having a healthy child.”

However, this Pfizer lawsuit may buck some previous trends. That is because experienced birth injury lawyers know that virtually all previous wrongful pregnancy cases stem from failed sterilization issues—like an ineffective vasectomy—not from a product packaging error. In fact, legal scholars looking at the issue over the past few days have found only one federal case that seems to speak to the issue. In Troppi vs. Scarf in 1971, a pharmacist mistakenly filled a birth control prescription with tranquilizers. The woman who took the pills got pregnant. This particular plaintiff already had seven children and sought compensation because she specifically took the medication because she did not feel that she could afford another child. At first the lower court dismissed the claim. However, an appellate court reversed and awarded damages which, in part, accounted for the cost of rearing a child.

It will be important to follow these developments as they arise. For one thing, those who took the recalled pills must be particularly vigilant about their use of the product. It is always better to stop using the mistakenly packaged drug and not risk a potential unwanted pregnancy. However, those who have already taken the recalled products should be on notice. If you actually do become pregnant and suspect that the mistakenly labeled pills might be a cause, it is important to visit with a legal professional as soon as possible to protect your rights.

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Birth Injury Lawsuit Filed Alleging Emotional Distress of Mother

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Earlier this week the San Bruno Patch reported on stem cell research developments which one day may prove critical for those working on ways to help those who have suffered from a range of issues, including birth injuries. The story shares the work of a local company that is partnering with a range of research institutions as it looks into ways that stem cells taken from the umbilical cords of mothers can be used in research down the road. More specifically, the focus of this project is developing ways to treat conditions which affect children. Along with many other observers, our Illinois birth injury attorneys believe strongly that stem cell developments may one day prove incredibly fruitful for the millions of families with loved ones who face challenges due to injuries that they develop at birth or during pregnancy.

The company’s “Cord Based Registry” is working with the research institutions as part of the Federal Drug Administration’s stem cell trial program. The goal of the program is to figure out ways that the child’s own stem cells can be used to treat conditions that the child may face down the road. These injuries could include developmental problems seen immediately or shortly after the child’s birth—like cerebral palsy—or other problems which develop later, like traumatic brain injuries or hearing loss.

The research effort is actually being split into at least three separate trials. The trials are run by a different research institutions. The company involved has been working in these medical research areas for years and has been storing umbilical cord stem cells. Summarizing the project, the vice president of scientific and medical affairs at the company explained that they are “partnering with a series of specialists who want to research the use of a child’s own newborn blood stem cells on a variety of disease states.” The company was interested in the project because it represents a way to advance regenerative therapies in a promising way.

One of the trials involves a partnership with the University of Texas Health Science Center at Houston. They will tackle issues related to traumatic brain injury and hearing loss. The study, with the cooperation of the Children’s Memorial Hermann Hospital, will follow ten different children who have hearing loss obtained after their birth and ten children who suffered a traumatic brain injury within a year and a half of their birth.

The third project, spearheaded by Georgia Health Sciences University will examine whether the use of one’s own stem cells can improve the quality of life for those with cerebral palsy. Our Illinois cerebral palsy attorneys know that many local families have children with the condition and are holding out hope that one day this line of research may be used to provide a full or partial cure for their loved ones. Like the other two studies, the CP effort will follow a group of children (40 in total) as they are given stem cell treatments. They will be measured on a range of different criteria to see if any effects are seen.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Is a physical injury required to file a birth injury lawsuit—or any medical malpractice lawsuit? While physical injuries to patients (mothers or children) are by far the most common harm suffered in these cases, they are not necessarily required. That is because the courts in many jurisdictions recognize that severe injury can be caused emotionally when mistakes are made, even if that does not include immediate physical injury.

This principal is probably best understood by considering an individual case where this is at issue. Medical Daily News reported last week on a new appellate decision that allows a birth injury case to move forward upon claims on emotional distress suffered by a mother after the birth of her child. The plaintiff in this case was a new mother. While pregnant she had visited the defendant-doctor to have an ultrasound performed. The doctor examined the results and explained that he did not notice any problems and the baby was developing normally.

With this news, the mother went in to have the baby not long afterwards. However, what she didn’t know was that the doctor had made an egregious mistake when examining the ultrasound. In fact, the baby was not developing normally and instead had a wide range of deformities. As a result of the ultrasound error the doctor did not prepare the mother at all for what her son would look like when he was born. Instead, she was completely shocked and thrown into severe distress as she saw her child for the first time immediately after the exhaustion of the birthing process. The boy suffered serious physical formation issues. He had no legs below the knees and no arms beyond the elbows. He had an accessory tongue, an umbilical hernia, delayed growth of the jaw, and a ventral curvature of the penis.

As would be expected to occur to any mother in this situation, without any preparation for this reality, she was sent into dangerous emotional and mental state. The birth injury lawsuit filed later explained that the mother was thrown into “grief, rage, nausea, hysteria, nervousness, sleeplessness, nightmares and anxiety.” This particular suit includes claims of both regular negligence as well as noneconomic damages for emotional distress.

The defendant doctor challenges the emotional distress claim suggesting that the doctor did not owe the mother a duty in that context nor could he have foreseen that the inability to prepare her for the deformities her child faced would led to such distress. The court rejected this argument. They referred to opinions filed in other states where courts noted that the doctor-patient relationship was such that these sorts of issues should clearly have been foreseen by doctors and accounted for. As the medical malpractice lawyer noted, the patient suffers significant consequences as a result of the quality and accuracy of the information that the doctors share with that patient. As a result, these sorts of cases present clear situations where a legal duty has been breached causing harm to the patient. The court determined that the suit could therefore continue, with attorneys collecting more evidence before potentially going to try to allow a jury to decide liability.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Tampa Bay Online reported this week on the latest legislative maneuvers involving the birth injury lawsuit recovery process for the family of a child with cerebral palsy. As we explained when discussing the challenges that many families face when trying to collect certain damage awards, one family is asking the Florida general assembly to approve a $30.8 million award that a jury gave it after a suit related to mistakes made during the child’s birth. The hospital where the negligence occurred is public. The laws in the state require all suits involving governmental defendants to be dispersed only upon passage of actual pieces of legislation—known as “claims bills.”

The child in this case suffers from cerebral palsy and other disabilities. After a lawsuit was filed, the jury returned a verdict in favor of the boy. They found that the birth injuries were caused by negligent care received at the facility. As often occurs in these situations, the child was deprived of oxygen during his birth. The oxygen problem itself was caused by the overdosing of a drug given to the mother. The drug was supposed to stimulate labor. Instead, because too much was given, it sent the baby into fetal distress. To make matters worse, the medical team which provided the care did not respond to the distress in a timely fashion.

The family has engaged in a prolonged legislative fight in order to get the amount awarded by the jury. The family has been forced to trudge the halls of the state legislative essentially asking all legislators who will listen to pass the bill. On the other side, hospital lobbyists are fighting the measure—disputing that negligence occurred at all. This despite the fact that a jury already heard all the evidence in reaching its ruling and a “special master” recommended that the payment be approved by the state legislature. The endless hoops that this family must attempt to jump through to receive basic fairness is staggering—yet another testament to the misguided nature of virtually all “tort reform” measures.

Our Chicago birth accident attorneys know that families in these situations suffer mightily when they do not have the resources they need to pay for the daunting care required by certain disabilities. In this case, the mother makes only $14,000 annually as a dog groomer. She explains that her son used to be a straight A student. However, she can no longer afford private tutoring, and so the child’s academics have suffered as a result. He is now home-schooled by the mother.

According to this latest report, if the legislature approves this particular birth injury lawsuit claims bill, it will be the largest in the state’s history. Our Illinois cerebral palsy attorneys understand how a case involving this particular injury could occasionally lead to a high verdict amount. Cerebral palsy comes in many variations, but in the most severe cases, the child may need incredibly close and extensive care twenty four hours a day and seven days a week. Intensive medical care and nursing help over the course of a long lifetime can add up quickly.

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A recent article on MarketWatch reported that the FDA has granted approval for landmark clinical trials to study cord blood stem cell treatment for pediatric brain injuries and acquired hearing loss. These promising new studies will undoubtedly cause many expectant parents to consider donating or storing their infant’s cord blood. However, our Chicago birth injury attorneys urge parents to take a closer look at the legal implications of collecting and storing cord blood before they make a decision.

Cord blood is the blood remaining in the placenta and umbilical cord after a baby is born. Cord blood contains hematopoietic stem cells, which have the potential to become all of the different types of mature blood cells and is presently used to treat genetic, blood, and immune disorders, including several types of cancers. Conventionally cord blood was disposed of as medical waste, but with the appearance of both private and public cord blood banks, new parents have the choice of collecting and storing their infant’s cord blood in a private bank or donating to a public bank.

The new clinical trials announced by University of Texas Health Science Center at Houston, Children's Memorial Hermann Hospital and Georgia Health Sciences University are groundbreaking in that they will study the effect of cord blood cells on pediatric brain injury, cerebral palsy, and acquired hearing loss using patients’ own stored cord blood. These studies will be partnering with Cord Blood Registry (CBR), the largest private cord blood bank in the world.

According to the MarketWatch article, one study at the University of Texas will focus on the effect of cord blood on children with traumatic brain injuries. Another study at the University of Texas in partnership with Children’s Memorial will focus on how cord blood can help to heal inner ear injuries and its effect on treating acquired hearing loss in children. The study at Georgia Health will determine the benefits of using cord blood to treat children with cerebral palsy. A fraction of all of the ailments that will be studied can be attributed to some form of medical malpractice, in which cases parents should seek the counsel of a reputable personal injury attorney.

For many expecting parents, these groundbreaking studies will make collecting and storing their child’s cord blood in a private bank sound appealing. However, an birth injury lawyer or family attorney will point out that there are several legal issues that parents should consider carefully before making arrangements with a public or private cord blood bank.

First, there is the issue of ownership of the cord blood. When a person donates cord blood, all rights of ownership are relinquished with it and the bank may do what it likes with the donated material, including using it in research. Many private cord banks designate the parents as the custodians of the cord blood until the child becomes 18, at which time the child becomes the custodian. This could potentially present several legal problems of custody should the parents divorce before the child turns 18, and it may be wise to meet with a lawyer to discuss the possible ramifications and plan for the future custody and payment of storage fees. Additionally, many cord banks’ contracts state that the bank will take ownership of the cord blood if storage fees are not paid when due. Once the bank owns the cord blood, it may utilize the cord blood at its discretion including research, donations, and disposal.

Most private cord blood banks make no guarantees as to whether the blood will be viable at a specific time and require contracts that absolve them of responsibility in certain situations if the blood was not collected or labeled properly by the client or the client’s physician. Several banks require clients to acknowledge that cord blood may not be suitable for use by other family members and may not be appropriate for every situation. Additionally, most banks make no guarantees about the effectiveness of cord blood therapy or access to medical trials.

There is also a problem of privacy. Cord blood contains private medical information about the infant as well as the parents, including information about diseases and genetic predisposition to diseases. Such testing gives the bank access to information that could present several privacy problems for the child and parents that should be reviewed with an experienced Illinois birth injury attorney. Privacy problems can include the denial of healthcare or higher premiums due to a previously unknown disease or predisposition. Other problems can include social stigmatization and the psychological toll of knowing that a child or loved one is predisposed to a certain disease.

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Birth Injury Lawsuit Against Midwife Settles for $730,000

Medical Malpractice Lawsuit Filed After Pregnancy Complications Leads to Deadly Blood Infection

CBS News 2 reported on a unique story this week that may catch some local residents off guard. Apparently the aromas which are often so distinct on the inside of a new car may actually be caused by chemicals which pose a health risk to those inside. In particular, researchers now believe that the chemicals used in these products may be especially dangerous for pregnant women and young children.

Our Chicago birth injury lawyers had heard that the infamous “new car smell” may have some dangerous roots, but this latest story is the first that we’ve come across which involves some a detailed scientific approach to measuring the dangers of each new car brand. The researchers, from the national Ecology Center explained that the smell that is so distinct in these new vehicles is actually caused by the “off-gassing” of certain toxic chemicals inside the new car’s interior. One of the most common are lead, chromium, and brominated flame retardands (BFRs). These are not tame substances, and all expectant mothers or those with young children should be aware of the risks. In total, researchers identified at least 275 different chemicals in these machines, many of which were associated with birth injuries, liver problems, learning deficiencies, and even cancer.

This latest story was spurred by the Ecology Center’s work examining more than 200 cars from the new lines of all the major manufacturers. The group then ranks each vehicle in their annual “Best” and “Worst” lists based on their findings. According to the list, the “healthiest” new car this year is the 2012 Honda Civic. The researchers noted when releasing their list that the Civic did not have any BFRs. In addition, it did not have polyvinyl chloride (PVC) in the interior, which is common among many new cars (and dangerous). PVC is most often used on car trims and in fabrics. On top of that that Civic was low in heavy metal use, which boosted its rankings in the study. Other “healthy” cars included the Toyota Prius and Honda CR-Z. At the other end of the scale, the Mitsubishi Outlander Sport was labeled the “unhealthiest” car of the year in regards to its chemical use. Other low performers included the Chrylser, 200 SC and the Kia Soul.

Each Illinois birth injury attorney at our firm appreciates that there seem to be new things discovered every day which pose some risks to pregnant women and their developing babies. It is sometimes hard to keep all of the dangers straight. On one hand, it is impossible to avoid all the activities, locations, or situations that pose dangers. But it is at least important to be aware of what the risks are, so that basic decisions can be made which might slightly lower the risks of your child experiencing a birth injury. Of course, if at any time your own child does suffer an injury at birth and you suspect it might be caused by misconduct on the part of your medical professional or another, be sure to get in contact to learn how we might be able to help.

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It is impossible for those without children with special needs to fully appreciate all of the ways that the child’s various challenges affect their lives. Of course, everyone understands the difficulties that certain physical and cognitive issues have on a child’s mobility, growth, and ability to live on one’s own. However, there are physical, emotional, financial, social, and mental pressures that these families face on a daily basis which many community members may not be aware.

Our Chicago birth injury attorneys know that these families do not expect pity or awards for the work necessary to deal with these particular challenges. And though these families face challenges, we continue to be amazed at the way that these difficulties are converted into amazing gifts. Children with certain challenges are sometimes able to enrich the lives of those around them in ways that can never be underestimated.

However, that does not mean that we shouldn’t collectively work to improve the day to day living experience of these community members in reasonable ways. Making accommodations for those with disabilities has been a centuries old struggle. For most of our history there was little actual accountability on the part of community members to create spaces that were open and available to those with disabilities. Fortunately, the world is changing. Most are aware of the American with Disabilities Act which passed in 1990. The measure is a wide-ranging civil rights law that prohibits discrimination against those with disabilities in a range of areas. This measure, along with many similar steps, signals a public willingness and need to take these certain vulnerabilities into account, allowing these individuals the ability to participate in society in the same way that the rest of us can.

But we still have a ways to go. That is because there are still various areas where those with disabilities, many of which were caused by birth injuries, are left behind. For example, a Lower Hudson Valley News story reported this week on problems at many local playgrounds where equipment for those with disabilities is in disrepair. The story highlights the case of one mother who brought her daughter to the park to play on the swings. Her daughter has cerebral palsy. The mother lifted the girl out of her chair and set her in the bucket shaped seats designed for those with special needs. However, as the swing started moving, the seat simply popped open, sending the girl careening through the air. Fortunately the girl survived with only scratches and bruises. Our Illinois cerebral palsy attorneys understand that these types of challenges are faced daily by families in this situation.

While investigating the accessibility of area playgrounds, many other families came forward and explained how parks in the region offered little for children were certain special needs. A disability advocacy group in the area is working on a study at the moment to fully identify the ways in which these spaces are open and available to children with disabilities. As it now stands, families usually only hear about accessible playgrounds through word of mouth from other families. One advocate explained, “There’s a network. You learn over time which playgrounds are better.”

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Cerebral Palsy Primer: What It Is & When It Arises

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Few birth injuries can lead to more lifelong harm than those that affect an infant’s brain. It is not hard to understand why. The brain is the body’s main control center. Virtually every aspect of one’s life—from movement and mental function to personality—is affected or controlled in one way or another by a child’s brain. Lack of oxygen to the brain during birth is by far the most common way that a child suffers a brain injury during their delivery that affects the rest of their lives. For example, our Illinois cerebral palsy lawyers have worked with many families whose infants have developed cerebral palsy because their medical providers did not act in a timely fashion to signs that the infant’s brain was being deprived of oxygen.

Considering the long-term consequences of these injuries, all steps which can lessen the impact of oxygen deprivation have the potential to spare much suffering. Fortunately, advances are being made on that front. A story in The Standard Examiner this week explored the ways that medical experts are working to prevent harm to infants whose brains were starved of oxygen during their birth. For example, the story of one girl born last summer was shared. The child was born in the morning on a mid-July day in 2011. At first nothing seemed wrong, and the first eight hours were joy-filled ones for the family as they bonded with their new addition.

Eventually, however, something went wrong. Without notice the child stopped breathing. The girl’s mother was holding her at the time. As she laid the child against her chest she had an intuition that something wasn’t right. The child wasn’t responding. When she pulled her body away from her chest she realized immediately that the child’s body was limp and turning blue. The family called for help. Two nurses rushed into the room, took the child, and ran her down the hallway.

Of course the family was left in a state of shock—not knowing how long the child had been without oxygen or whether she was going to pull through. Down the hall, the medical professionals worked heroically to save the baby. They were able to revive the child and she was put on a ventilator. Shortly afterward the baby was taken to the Newborn Intensive Care Unit. It was there that the doctors put a “cooling cap” on the child. The cap seeks to induce hypothermia. The cooling of the brain often prevents brain damage from spreading (or occurring at all). As a result of the cooling cap, the child in the case was spared harm. Now 6-months old, the baby is on track developmentally—crawling, sitting up on her own, and very alert and responsive.

Our Chicago birth injury attorneys applaud the great workers on the doctors in this and similar situations who engage in quick-thinking and top-notch care to save the lives of young infants. Birth injuries are terrifically frightening for all the families involved. When proper care is provided, as in this case, the suffering that is prevented is tremendous. All families deserve to have this reasonable standards of treatment met when their own children suffer medical problems during or shortly after birth.

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Scottish Doctors Develop Cooling Jacket to Help Prevent Brain Damage

The Brain Tsunami

Unfortunately the damaging effects of medical malpractice damage caps and other ”tort reform” measure are hard to appreciate in the abstract. On one hand, the claims made by proponents of these bills always seems somewhat reasonable in vague terms—lowering costs, promoting cheaper healthcare, making more doctors available. However, there are two main problems with these general claims. First, they simple espouse positive attributes without any evidence that those attributes are connected to the “reforms” that they are proposing. Second, they ignore the very real costs associated with enacting these reforms. This is not a zero-sum game. Changing the legal rules to take away rights from those who have suffered devastating losses—often at the hands of big business—does nothing more than shift even more power away from ordinary Americans and into the hands of those with a monopoly on power anyway. These efforts must be fought at all costs.

Our Illinois birth injury attorneys believe that perhaps one of the best ways to demonstrate how these efforts hurt the majority of Americans is by spreading individual stories about how these legislative actions hurt everyday citizens. For example, in Florida, there are complex rules about how family’s can obtain funds from a medical malpractice lawsuit that they won if the defendant in the case was a public body. This leads to years of legislative battles as families try to convince the legislature to pass a bill to actually allow them to receive the funds that a judge or jury decided that they deserved after listening to the evidence in the case.

The Miami Herald discussed one of those state legislative battles in a story this week. They explained how a 14-year old boy spent his Valentine’s Day walking the halls of the state capitol, urging lawmakers to pass a “claims bill” so that he could receive the funds he is owed. The child—a straight A student—has had to face a range of difficulties throughout his life. He has limited use of his arms, legs, and moth. Even basic tasks are difficult for him. However, he has kept his spirit through it all.

His situation is made even more frustrating by the fact that his birth injuries were preventable, caused by negligent medical care by those who delivered him. His family filed a medical malpractice lawsuit against the hospital. Five years ago a jury in his county heard the evidence in the case and awarded the family $30 million as a result of the severe brain injury that he received as a child. But he cannot receive anything, until the legislature passes a bill authorizing it.

Rules which mandate that victims jump through these hoops do nothing more than make the justice system even more inefficient. Families are forced to hire lobbyists and spent years engaged in prolonged political battles just to receive the award that a jury of their peers already deemed necessary. Far from helping the situation, these “reform” measures and others like them are nothing more than tactics to take away right from the poor and middle class and transfer it to those with money and clout.

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Legal Experts Line Up Against H.R. 5

New Website to Voice Opinion on Proposed Federal Laws

Each Illinois cerebral palsy lawyer at our firm has worked closely with families raising a child with CP; we understand the day-to-day challenges faced. The condition occurs along a spectrum, and it is a mistake to lump any Illinois cerebral palsy victim together when describing the effects of the cognitive and physical injury. Like every other child, those with cerebral palsy have the potential to do great things in life and impact for the better all those around them. However, that is not to say that these children face do not face certain challenges that other children do not. For that reason, it is important for medical experts to continue working on ways to limit the prevalence of cerebral palsy—understanding how it develops and why so that future children can be spared the challenges.

For example, this week U.S. Legal News published a story that reports on a new study which found a link between premature C-section births and increased risk of cerebral palsy. The study, conducted by researchers at Johns Hopkins University and Yale University was presented at the annual meeting of the Society for Maternal-Fetal Medicine. We touched on this same issue in a post earlier this week. The authors found that contrary to the beliefs of some, C-section births for premature infants were no safer than vaginal birth. In fact, the C-section births might come with a whole host of increased birth injury risks, including complications like cerebral palsy.

When talking about the issues on the “Today Show” recently, the NBC Chief Medical Editor touched on the study and shared a bit more information about the findings. She noted that the researchers said that when taking all medical complications into account, premature infants who were born via C-section had a 30 percent increase in chance of suffering a birth injury. The specific form of the complications varied, but they involved things like feeding and breathing challenges, temperature control problems, and jaundice. In fact, the issues were found to have the potential to worsen over time—increasing the risk of long-term complications leading to severe cognitive and physical challenges, like those faced by children with cerebral palsy.

The problems are most prone to affect premature infants, because they are less developed. Experts in the area have found that it is actually in the last few weeks of the gestation that the child’s most critical organs—like the lungs and the brain—are developing quickly. Therefore, taking the child out of the mother’s womb before that full development presents obvious risks to the child. Developmental problems, including a whole host of learning disabilities and developmental problems are risked when a child is taken from a mother prematurely via C-section.

This counteracts some claims by doctors who believe that C-sections should be performed on infants who are growing at a slower rate in the womb. These doctors suggest that treating the premature child in ICU is preferable to allowing the slow development to continue in the womb. However, this latest finding suggests otherwise. All doctors should be aware of this work and make medical decisions with the findings in mind.

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Cerebral Palsy Primer: What It Is & When It Arises

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

EON News reported this week on a new birth injury lawsuit, which may be the first stemming from a mother’s ingestion of a certain antidepressant during her pregnancy. Unlike most Illinois birth injury cases that our medical malpractice attorneys take on behalf of local residents, this case was filed against a drug company, not a medical provider. Specifically, the suit involves six different attorneys who filed a claim against Effexor—a popular drug used to treat depression. The lawyers are claiming that the drug caused the death of an infant who was born with a serious birth defect. The birth defect, claims the suit, was caused specifically because of the mother’s ingestion of Effexor during her pregnancy. Effexor is manufactured by pharmaceutical giants Wyeth Pharmaceuticals and Pfizer, Inc. The labelers and distributers of the drug are also named in the suit. Having multiple defendants are common in these cases, because a variety of companies are often involved in the process that creates these products, brings them to market, and then tries to sell them to doctors and patients.

Crucial to this case, it seems, is misinformation that was presented to patients about the drug itself. Obviously, what those who make the product say about its use and risks is particularly important for those taking the drug. This particular drug is a serotonin and norepinephine reuptake inhibitor (SNRI). It was approved by the U.S. Food and Drug Administration to treat depression in 1993. However, since that time the makers and distributors of the drug failed to warn patients of the drug’s risks. Most notably, patients were not made aware of the drug’s potential of causing birth defects when taken by expectant mothers.

The plaintiff in the case apparently learned the hard way. The couple gave birth to a baby girl in February of 2010. However, very soon after she was born doctors (and the family) learned that she faced serious medical problems. It was discovered that the girl suffered from heart problems. Most notably she had a severe left hypoplastic heart, no aortic valve, a malformed aorta, and a misformed mitral valve. The condition was ultimately fatal, taking the infant’s life.

When looking into the cause of the birth defect, the family soon suspected that the mother’s taking of the antidepressant drug Effexor may have played a role. After learning more about the situation and seeking out the help of a birth injury lawyer, the family eventually filed this lawsuit. The suit includes a range of allegations against the involved companies. These include the failure to warm patients of the risk, allegations of fraud, and misrepresentation. These actions, allege the suit, directly caused the infant’s deformities and ultimately her death.

It will be interesting to see how this case develops. Two different rules might apply in these situations: strict liability rules and general negligence rules. Negligence claims are more common, requiring the plaintiff to show that the company directly breached a standard of care which led to the harm. Conversely, strict liability does not require a showing of fault. Instead, if certain criteria are met, the company can be held liable for the harm without the plaintiff being forced to point to a specific instance of negligence.

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Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

New Test to Detect Heart Defect Birth Injuries

Over the past few weeks our Chicago birth injury attorneys have discussed the concerns being raised by many about the prevalence of C-section births. Instead of allowing natural vaginal births to progress, many more families have made the decision (often at their doctor’s urging ) to induce labor early. C-sections are often performed. While there are times when surgical births are absolutely essential, when they are not necessary their use can actually pose a greater risk of a birth injury developing. As with most situations, a balanced approach seems to work best.

A recent article from MedPage Today touched on the merits of induced labor. Interestingly, some experts are claiming that the larger the baby the increased need to induce labor. Swiss researchers have conducted some analysis which suggests that children who are larger than normal for their date of birth often face less birth trauma when there is an induced birth as opposed to allowing nature to take its course.

For example, the analysis of birthing trends in certain areas found that fetuses who estimated weight based on sonograms were in the top 5% of children of that age were three times more likely to experience shoulder dystocia when birthed naturally. Shoulder dystocia often results when an infant’s shoulder is caught on the mother’s public bone during birth. When not properly addressed the dystocia can cause a range of issues, including brachial plexus injuries. Brachial plexus injuries are some of the most common harms to befall infants. The brachial plexus is a bundle of nerves at the top of the arm. When torn or otherwise damaged, the injury can result in the child losing the ability to use their shoulder, arm, wrist, hand, and fingers. The Illinois birth injury attorneys at our firm have worked with many families whose children suffered one of these injuries which could have been prevented.

The latest findings regarding the benefit of induced labor in larger infants were reported at the annual meeting of the Society for Maternal-Fetal Medicine. The results mirror the beliefs of many. Previous observational studies had found that labor induction might lower birth weight (in situations where it was already high) and decrease the change of a range of injuries, including shoulder dytocia, brachial plexus injury, and death.

However, previous studies did find that C-section usage was higher in induced births. Considering the potential increases in risks with surgical births, this must factor into each independent determination about the best course for a birth. Also, as the lead researcher noted, “as with all evidence-based medicine, we should take into account the characteristics and preferences of the woman themselves.”

These latest findings are helpful to fill in gaps about the overall risks and merits of each course of action that can be taken by an expecting family. At the end of the day, many of these decisions depend on balancing a wide range of factors. There is never one size that fits all. In each case, however, it is important for families to take an active role in the decision-making process. Mothers should ask every question that comes up and be sure to be aware of the reasons behind each choice that is being made.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

Few Illinois birth injuries are as challenging as those involving the brain. Cognitive function, social adeptness, motor skills, attention problems, and many other issues arise when a child experiences a brain injury at birth. Experts have long-known that premature infants are at an increased risk of experiencing these problems. Neonatal brain injuries among premature infants are shockingly high. Some researchers suggest that upwards of fifty percent of premature infants have some form of brain problems—often mild—as a result of their early birth. A smaller, but still substantial minority of preterm infants have very severe cognitive and motor skill problems. This group represents about five percent of premature infants and includes those with more severe deficiencies like cerebral palsy.

Unfortunately, our Chicago cerebral palsy lawyers know that medical researchers have yet to pinpoint any ways that the damage caused by these brain problems can be undone. There has been much new knowledge discovered about ways to help victims reach their potential and cope with their particular vulnerabilities. However, that is different than reversing any damage that has already been done. As it now stands the problem is irreversible, which is one of the reasons that birth injury lawsuits are filed—to ensure those affected have resources to deal with the lifelong consequences of the harm.

However, new research suggests that steps are slowly being made that might one day offer real positive ways to help victims actually reverse brain damage caused by problems at birth. The effort, discussed last week in Medical Xpress News was presented at the latest Society for Maternal-Fetal Medicine’s annual meeting.

The research used young rats with brain injuries that mimicked neonatal brain damage in preterm delivery. Doctors involved in the effort explained that stem cells were taken and transplanted into the rats brains. The result was that the brains were able to be successfully implanted and integrated into the animal organ. The cells also seemed to help create neurologic improvement—actually reversal of some brain damage.

Much more work needs to be done to further hone in on the best ways to use these power of the stem cell to achieve brain growth. However, this first step is an important one which counsels toward the overall long-term efficacy of this line of research. One researcher explained, “stem cells are a promising source for transplant after a brain injury because they have the ability to divide throughout life and grow into any one of the body’s more than 200 cells, which can contribute to the ability to renew and repair tissues.”

In other words, when more information is known, the cells may one day be able to be inserted into an injured brain and spur healing. This is obviously an incredibly powerful tool that could fundamentally change the way that we look at these injuries. The ability to heal damage, instead of just control it, is an encouraging sign that must be explored as much as possible. We will be sure to follow along as these efforts continue.

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Toll-Like Receptors linked to Brain Injuries in Newborns

Are Cesarean section births always advisable when it is known that a baby will be born premature? In the past, doctors seemingly always advised patients to have the surgical births in these situations, because it was assumed that birth injuries and complications were minimized in those situations. However, a new study reported by MSNBC’s Health Today suggests that might not be the case. Each Chicago birth injury attorney at our firm was interested to read that the study finding suggest that C-sections may not be safer than regular vaginal births for the most fragile preterm children. In fact, this particular study suggests that the surgical births could lead to more complications in infants, including respiratory problems.

The story draws on research that was presented at the annual meeting of the Society for Maternal-Fetal Medicine. Those presenting the findings suggest that they necessitate a re-thinking of the merit of C-sections in certain situations. The findings were presented by a professor of gynecology and obstetrics at the Johns Hopkins School of Medicine.

These research results fly in the face of current practices. According to the most recent data available, from 2009, about 46% of premature babies were delivered via C-section. Those born a few weeks later (37-39 weeks of gestation), have C-section rates that were ten percent lower. The discrepancy is usually explained by the fact that vaginal birth might be too traumatic for the most fragile infants. However, the new study suggests otherwise. After analyzing the medical records of more than 2,500 babies born prematurely over an eight year period they found that more than 55% had been delivered via C-section. But they didn’t find health benefits for the surgical births. Those born vaginally were no more likely to develop problems. In fact, C-section births led to increased risk of respiratory distress syndrome—a condition that may have long-term effects on the infant, often turning into asthma.

Blog readers are familiar with the current debate raging around the overuse of C-section births. Our Illinois birth injury lawyers have shared information from many sources which suggests that the rising use of C-sections is not only unnecessary (and costly) but actually more dangerous for mothers and infants. As one commentator noted of the situation, “The rates of C-sections are going up in this country. One reason may be in vitro fertilization and multiple births. One part of it, though, is women trying to put delivery on their own schedules. And, you’ve heard this before: ‘too posh to push.’”

We understand that there are no easy answers to apply in all cases. When it comes down to it, every decision must be an individual one between a mother and her doctor about what is best considering each factor unique to their particular case. As with all medical care, it is helpful for families to be as fully engaged in the process as possible. That involves asking questions, seeking explanations, and ensuring that their medical professional is not just “going through the motions” but actually making the best choice in their specific case.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

There is a reason why children are healthier if they are allowed to gestate in their mother’s womb for 9.5 to 10 months. A large number of Illinois birth injuries are rooted in the problem of premature birth and underdevelopment. However, over the last few decades our medical community has made amazing strides in providing life-saving treatment to infants who are born too early. These advances allow children to survive who in eons past would not have made it. Those children are at an increased risk of suffering certain impairments as a result of their premature birth. However, the ability to give these children the chance to live out full lives should be a viewed as a tremendous achievement.

The advance in medical research to help premature infants continues. Slowly and steadily researchers are making even more advances in the area to save children born even earlier and with even more underdevelopment problems. For example, earlier this week the Daily Rx published a story discussing advances which have found that use of certain steroids has been found to boost the survival rate of even the most premature infants.

The study examined use of steroids by mothers who were at risk for premature birth—not use by infants who were born prematurely. Full term pregnancy is 40 weeks. The research found that steroid use by mothers can improve survival rates and limit brain injury in infants who are born even after only 22 weeks of pregnancy.

We mentioned the results of this study in a blog post last year. A research team at the Neonatal Research Network of the National Institute of Health analyzed relevant data on premature infants from 1993 to 2009. In addition, neurological exams were conducted on those infants who survived. The results indicate that steroids actually have benefit for infants born as early as 22 weeks. Previous research only found evidence of improvement at 25 weeks.

From the legal perspective there is often confusion about what happens when a child suffers severe injury after being born prematurely. Our Chicago birth injury attorneys understand that the public often remains unsure about the difference between a bad outcome and negligent care. There is a tendency to assume that if a child suffers a birth injury after being born prematurely, then there can be no legal case because the injury was obviously caused by the underdevelopment and not the medical care. Conversely, some could argue that all children who suffer a birth injury when born at full term must have been hurt by inadequate medical care.

Neither alternative is true.

As any birth injury lawyer should explain, the relevant issue is not the outcome but the conduct. No matter what the situation—premature birth or full term birth—there is a reasonable level of care (certain actions) that should be taken. The law is concerned with whether or not the doctors provided that reasonable level of care. The outcome itself does not play a role in the determination of negligence. A legal professional will be able analyze your particular situation and explain if potential civil laws regarding standards of care have been violated.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Local parents who have children with an Illinois birth injury often ask the basic question, “Why my family?” These sorts of accidents—particularly when they are caused by medical malpractice—seem arbitrary and capricious. There doesn’t seem to by any rhyme or reason to certain birth injuries or defects, and those families whose children are afflicted with certain ailments often struggle to understand the meaning of it all.

This is perhaps most apparent in cases like the one discussed in a recent Pioneer Press story where twins were born with one being completely healthy and the other being inflicted with cerebral palsy. It seems particularly cruel to consider that both children, born at essentially the same time, will have completely different challenges, abilities, goals, and struggles throughout their lives. There are no easy answers to questions about the ultimate meaning and purpose in these situations. All that families can do is take each day as it comes and work toward the future, instead of dwelling on the past.

The inspirational Pioneer Press story explains how the two brothers—one with cerebral palsy—grew up together and bonded even though they each faced different challenges. One of the brothers happens to be well-known actor Ashton Kutcher. His twin brother, Mike, recently gave an inspirational speech to a group of high school students about what life was like growing up with cerebral palsy with a brother who was completely healthy.

Mike Kutcher explained that he was born shortly after his brother, weighing six pounds less, becoming over-oxygenated while in the womb. As the boys got older, their mother noticed that Mike was more sluggish than Ashton. Eventually Mike was diagnosed with mild cerebral palsy. From an early age he had trouble with physical tasks on the right side of his body. He is 80% deaf in his left ear and has had two cataract surgeries. At age 13 he discovered that his heart was giving out. Three weeks later his heart went out. His parents were faced with either letting him go or trying a heart pump that might extend his life by 48 hours. They chose the pump. Amazingly, 24 hours later a donor heart arrived. The transplant took. Even though the transplant was supposed to last seven years, he has so far survived 20 years with it.

However, despite all of this, Mike insists that he works hard not to use his disability as an excuse not to reach for his goals. He explains his life philosophy today, “He will try. Sometimes, he’ll miss. Other times, he’ll succeed.” Trying is 90% of the battle.

Growing up following a birth injury of any kind is difficult. There is no way around that. That is particularly true for those with combination physical and cognitive impairments, like cerebral palsy. However, as this story explains, and our Illinois cerebral palsy attorneys appreciate, one isn’t destined to any future based on the challenges they face at birth. Every child has the potential to do great things and impact the lives of those around them, no matter what challenges they face. What matter is what families do after the birth to give their loved one the best chance possible to grow, learn, and reach their potential. We remain proud of the work that we do helping families in these situations ensure that their children have access to the full range of support services necessary to live fulfilling lives.

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Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

It doesn’t take much following of birth injury news before one gets a pretty clear idea of certain trends. Unfortunately, time and again the same or similar circumstances are at the root of most preventable injuries during childbirth. Often a child shows some signs of fetal distress, those signs are missed or not acted upon quickly, and the child is born following prolonged oxygen deprivation. The oxygen deprivation often leads to permanent brain injuries, such as cerebral palsy. This is perhaps the most common occurrence seen by our Chicago birth injury lawyers, leading to Illinois medical malpractice lawsuits.

Of course, many other birth injuries occur as well. For example, This Is Plymouth News reported this week on the death of an infant caused by a misplaced oxygen tube. The child was two-months old at the time of his passing. An investigation into the situation was recently concluded by public officials, and the group determined that medical errors were the main cause of the death.

The child had a problematic birth and development from the start. The birth itself took place at a specialty hospital, because doctors discovered earlier that some of the child’s organs were growing outside of his body. Just a few days after his birth he underwent a successful operation to correct the problem. The surgery went well. In fact, his condition continued to improve and his medical situation was eventually upgraded to stable instead of life-threatening. About two months after his birth he was transferred to a different hospital. He was on a ventilator, but doctors expected him to recover.

At the new hospital the neonatal intensive care unit was charged with giving the child close attention. However, in the middle of the child’s very first night at the facility, a problem developed. The child’s breathing tube became dislodged, moving from his windpipe into his esophagus. The medical team tried to correct the problem, but they did not use appropriate measures to make sure that the tube was properly put into place. The tube was eventually removed. A specialist was called, but by the time he arrived the damage was too severe. The lack of oxygen had caused permanent brain damage to the child. The boy died shortly after.

According to the article the lead investigator in this case explained that “individually competent people failed collectively in this critical situation.” Our Illinois medical malpractice lawyers appreciate this statement as a good explanation for what happens in many of these situations. Most medical professionals are incredibly competent, hard-working individuals who do their best to help those in need of their services each and every day. However, even competent individuals can make mistakes. The chance of those errors are even higher when the mistake is a “collective” mistake—one that involves several members of a medical team failing to act together in a way which would have provided the best care and have prevented the harm that befell the patient. Filing a lawsuit or simply seeking basic recourse in these circumstances is not a condemnation of the overall competency of each individual involved. Instead it is a basic legal assessment about the rights of an individual victim in an individual case to seek compensation for the losses sustained as a result of unreasonable care in a particular instance.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Parents of children with cerebral palsy often have a range of worries running through their head virtually all the time about how to best take care of their loved one. Our Illinois cerebral palsy attorneys have worked with many families whose children have developed the cognitive condition as a result of errors made during the child’s birth. In our work with these community members we have come to appreciate that families seeking resources to help their child are doing so to ensure their health and well-being now and throughout their future.

On one hand, those with the condition often need close medical care and support virtually around the clock. As everyone knows, medical bills can pile up quickly, and so the costs often reach high amounts quite quickly. In addition, beyond medical care, those with cerebral palsy often flourish most notably when they are surrounded by a strong support team, trained to ensure they are able to learn, grow, and perfect their social skills as much as possible. Receiving proper support in these areas comes at a cost.

It is not easy to find quality caregivers that a family can trust. Trust is an essentially ingredient with it comes to aid workers for all those with special needs. A very real concern of many parents whose children have been hurt by a birth injury is the fear that those hired to help the child will take advantage of their vulnerabilities. Each Chicago injury lawyer at our firm knows that this is a very real concern, because many unscrupulous individuals use the weaknesses of others in order to benefits themselves. Families are well-heeded to keep the risks of abuse in mind when settling upon support services for loved ones who have unique vulnerabilities.

For example, FA News reported this week on a criminal case involving a financial advisor who apparently took advantage of a client who had cerebral palsy. According to the report, the advisor was recently sentenced to four years in prison for stealing more than $1 million from his client. The funds had been set aside in a trust account to support the child who suffered from cerebral palsy. Most of the money in the trust was earned after a medical malpractice settlement awarded the family $3 million to pay for the child’s expenses throughout his life. The funds were then dispersed to the mother and family on a monthly basis, depending on the child’s specific medical needs.

It seems that the family was set to receive about $6,300 per month for a range of services for the child. However, instead of dispensing that amount, the advisor only gave the parents around $1,000 a month. The rest was used for his own purposes—including buying himself a house. This shorting of the family went on for at least a nine year period. Once the financial crimes were uncovered the man was forced to pay the family restitution in an attempt to get back all of the funds that were lost due to his misdeeds.

This case is a stark reminder of the need for all families to be particularly diligent about whom they trust with professional services. This is particularly true when one is deciding upon caregiving for vulnerable family members, like those with cerebral palsy. It is vital to obtain services from one who you feel comfortable and who you believe you can trust.

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Cerebral Palsy Primer: What It Is & When It Arises

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Much ado has been made over the last few days about a recall of a million birth control pills by Pfizer. The recall was announced late last week, on January 31st. It seems that the problem stemmed from a packaging error. Pills that were placebos—without any active ingredients to have the intended effect on the taker—were packaged as actual pills. Those pills were then distributed to consumers. The company explained that Lo-Obral-28, Norgestrol, and Ethinyl Estradiol were all packaged incorrectly, meaning that those who took these pills may not have protection from pregnancy as they rightly would expect.

As explained in the IB Times, this situation raises whole host of issues, and our Chicago birth injury lawyers know that many community members will be asking very tough questions about this situation in the coming weeks and months. The recall is essentially an intersection of product liability cases, health law, and basic negligence. Injury lawyers across the country will likely be working hard to understand how the law might apply in these cases, depending on the specific harm caused by the mix-up.

Of course, the “harm” that might occur in these cases is an unplanned pregnancy. Each Illinois birth injury lawyer knows that while it is perhaps illogical to use the word “harm” in this case, it is certainly appropriate for those who purchase and use a pill to prevent pregnancy to seek recourse when basic errors on the drug company’s part mean that pill did not act as intended.

In some ways this is uncharted territory as far as the law is concerned. A local law school professor at the University of Loyola School of Law’s Beazley Institute for Health and Law Policy explained, “I’m not aware of any cases where a wrongful conception suit is brought against the manufacturers of contraception.” Wrongful contraception cases are filed when a person or business failed to act reasonably which leads to a pregnancy that otherwise would not have occurred.

It may come down to an argument about odds. No contraception promises 100% prevention of births. However, the effective rate certainly changed dramatically depending on the active ingredients in a pill. A placebo would offer no protection.

It is far too early to give any clear answers about the legal ramifications of this recall. Much more will be parsed out in the future as the realities of the situation crystallize in the form of real injury lawsuits and legal expert gather information to make claims for recovery. A lot also depends on how Pfizer seeks to respond to the situation. Depending on how much the company steps up to accept accountability for the error, if may become easier for victims to be easily and quickly compensated in a fair way. In all cases, however, anyone who suspects that they may have an unwanted pregnancy or was otherwise affected by the recall should seek out legal help as soon as possible so that one’s rights are preserved. Timing matters in these situations, so there is nothing to gain from waiting before seeking out proper legal representation.

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Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Doctor’s Failure to Treat Jaundice Causes Baby to Suffer Cerebral Palsy Birth Injury

The Star News reported yesterday on the end of a cerebral palsy lawsuit that was a long-time in the works. The suit was filed by a family whose daughter was permanently injured due to a childbirth error in 1984. According to the accusations made in the lawsuit, the victim’s mother went into labor in the morning in January of 1984. The birth was supposed to be routine, but it did not end up that way. The girl was born without proper oxygen flow into her brain. The mother recalls she came out a shade a blue and was silent, without the usually cry heard from healthy newborns.

The family soon learned that the girl was born with a severe brain injury—cerebral palsy—and would need constant care throughout her life. Over the years the family has been to countless doctors, therapists, and other medical experts. They knew that something went wrong during the birth, but they did not know that there was anything they could do after the fact to hold those involved accountable.

Now twenty eight years old, the woman lives at an assisted care facility. She works at a candle manufacturing plant. He parents still provide close care, driving her to work and providing aid with basic tasks, like getting dressed and undressed. As the child (now woman) aged the family began worrying about what would happen to her once the parents were gone. That is why they eventually sought out the help of a birth injury lawyer. The lawyer initiated a suit which ultimately lasted over eleven years.

Finally, after the prolonged legal battle, a jury ruled that the girl’s injuries were caused by medical negligence which allowed her to be deprived of oxygen for a prolonged period of time while in utero. More specifically, the court ruled that a nurse did not properly monitor the child’s heartbeat. The jury returned a verdict for the family for $8.5 million.

Our Illinois cerebral palsy lawyers know that many families in our area have the same concerns. Victims of these birthing problems—particularly when a brain injury accrues—often need lifelong care. They frequently need assistance with the most basic essentials of life. Of course, the injured child’s family usually provides the services that are needed for the victim to get by each day. However, there is the problem of what happens when the individual’s support group is no longer around. Parents always assume that their children will out-live them, and so those parents who are providing care to children with various injuries are understandably concerned about that happens when they are no longer around.

When the underlying medical problem was caused by negligent care received at birth, than a medical malpractice lawsuit demanding redress for the costs of the error is reasonable. These suits are often important ways for families to ensure that their loved one will receive the best care possible down the road—when the parents have moved on. If you or someone you know is in this situation in our area, there is little to lose by at least visiting an Illinois birth injury lawyer, sharing your story, and seeing if anything can be done.

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Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

Many readers have likely heard the word “midwife” to describe those who help mothers give birth, usually outside of the traditional hospital context. However, our Illinois birth injury attorneys were interested in reading a story this week on a different name for those who help expectant mothers both before, during, and after birth—Doula. “Doula” is actually an ancient Greek word that means “woman’s servant.”

A recent Southeast Missourian story discussed the role of doulas, and the way that they work to help women have good pregnancy experiences and deliveries void of birth injuries. Most community members have likely never heard of the term before, and are unfamiliar with how it differs from a midwife. One local doula claims that she has perfected the two sentence soundbite to explain the profession, noting:

“I’m there for hands-on physical, emotional, and educational support before, during, and after childbirth. I’m kind of like a paid labor coach. I explain the process more than the doctor has time for and remind moms what they learned in childbirth class.”

This particular doula explains that she started in the profession because she herself had a bad birth experience. Our Chicago birth injury lawyers have learned that many midwives first became involved in the practice the same way—following a birth injury that they suffered themselves. The doula noted that in her case she wanted a natural birth but did not educate herself enough about what that meant. As a result her pregnancy ended with an induced birth, the use of forceps, and episiotomy, and severe postpartum depression afterwards.

Following her personal ordeal the woman decided to help others avoid her mistake. She began studying about osbtetrics, midwifery, and breast-feeding. She was eventually certified by the Childbirth and Postpartum Professional Association. She now serves as a doula as well as an independent childbirth educator and certified lactation consultant.

She explained that once she is hired by parents as a doula she works alongside doctors and nurses in the hospitals or a midwife in the home during the birth. During the birth she helps the mother to find her “zone,” staying calm, and remembering what she had learning about proper breathing. Beyond the actually aid and comfort during the delivery, the doula also spends much time helping before and after the birth. She meets with parents to discuss the birthing plan and coping mechanisms. The doula helps during the “pushing” part of the birth and then a few hours after the birth to ensure that the mother is doing alright and that the breast-feeding is going well. In addition, the doula makes a few visits to the family after the birth to check on the breast-feeding, discuss the overall birth experience, and screen for postpartum depression.

The doula urged readers to consider having help through the process. She explained that historically the role was performed by mothers and sisters. However, with changing times that family network is often unavailable in these situations. The doula believes that she helps make the life of the doctors or midwives easier, and acts as a vital resource for both mothers and fathers.

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Our Illinois cerebral palsy attorneys work hard to help those children whose condition was caused by mistakes made during their birth. This work serves two main purposes. On one hand, when medical professionals are held accountable for their actions, there is a greater likelihood that steps will be taken to ensure that their work is done as safely as possible. In all fields, including medicine, accountability breeds improvement. The second purpose of birth injury lawsuits is to provide fair redress to those hurt in the ordeal.

Unfortunately, many families do not receive compensation and resources to care for their loved one—even when it was caused by the mistakes of another. In these situations, the children suffering from injuries like cerebral palsy fail to have access to the different resources they need to grow and learn as much as possible. Many of these children never reach their potential, often failing to live as independently as they might down the road.

Our Illinois cerebral palsy attorneys are encouraged by the progresses that have been made in recent years when it comes to treatments and therapies for those suffering from cognitive problems, such as cerebral palsy. Many novel approaches are helping youngsters with a range of disabilities. For example, the NWI Times reported on a therapeutic riding program that assists children with special needs. The program is known as “hippotherapy.”

The article shares the story of one little girl who was born with cerebral palsy. Before she began participating in the therapeutic riding sessions she could not walk and was unable to sit on a horse alone. Now, after frequent participation in the program she is able to sit on the horse alone, steer, and groom it. Amazingly, not long ago volunteers at the facility also saw the girl take steps unassisted for the first time in her life. The girl’s mother admitted, “There are a lot of pieces to the puzzle, but I really think the hippotherapy was a major part in my daughter’s walking.”

The particular hippotherapy program serving the girl is close to the Chicagoland area, in Michigan City. The program, known as Reins of Life, has offered these therapy sessions since 1978 and serves about 100 students each week. Children with cerebral palsy are not the only ones who participate in the effort. Program organizers explain that those with autism, ADHD, and others conditions have also benefitted from the sessions. The director explained that they teach riding skills but also help with emotional, social, physical, and cognitive goals. Family members of the child participants report that the sessions often provide a needed self-esteem boost for participants.

Not all children with cerebral palsy can be guaranteed certain advances simply by following a single set of therapies. Not enough is yet known about the condition to say for sure what will work and what wont in every case. However, it is clear that nothing will work if the child and his or her family do not have access to resources to pay for various treatment options. Providing the resources needed to do these things is an important part of our work.

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Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

Our Illinois cerebral palsy lawyers know that all families whose children are born with cerebral palsy have an endless number of questions. Few families are prepared for the situation. Of course, the questions run the gamut from trying to understand what limitations their child might have to concerns about figuring out how the injury arose in the first place. Each Illinois cerebral palsy attorney at our firm appreciates that it is natural to have these questions and to demand answers. Unfortunately, we also know that many cases of cerebral palsy can be prevented, because they are caused by traumatic births and complication which develop as a result—including oxygen deprivation to the infant’s brain. At times there is a genetic component to cerebral palsy development, and not every single case is caused by medical malpractice. However, in far more cases that local community members realize, the actual harm is rooted in improper handling of a complicated birth.

Usually family members only learn about all of these things after their loved one is born with the condition. Fortunately, there is essentially an endless array of resources for families on the topic—because there are now so many families in this situation. One of many in-depth, online spaces for families to turn to from the start is CerebralPalsy.org. The website offers an incredibly wealth of information about the condition, its causes, care plans, and much more. It also includes a list of inspirational stories so that families can gain a sense of perspective.

Of course the website goes though a list of basic information about how cerebral palsy developments, risk factors, forms of cerebral palsy, symptoms, and prevention. In addition, a comprehensive list of care topics are explored, including care at home, special education programs, and legal services. The CP Blog, which is connected to the website, is also a helpful place to check from time to time to share information about your own circumstances and to interact with others.

The site also discusses the “My Child” program which acts as a guided resource throughout a child with cerebral palsy’s development. The program is essentially a customized caregiving plan that works individually with each child based on their own unique abilities and challenges. In this way, it helps families feel secure knowing that their own child is developing as strongly as possible throughout their childhood.

While help exits to guide parents and children through the process of growing up with cerebral palsy, the help often requires resources. Many families simply do not have the resources to provide the best care or receive the best aid for their children. However, when the condition itself was caused by the errors of another—hospitals, doctors, nurses—then it is only natural for those negligent parties to provide the resources necessary for the child to receive the best care available. Our Chicago cerebral palsy attorneys have worked with countless families in this exact situation. There is nothing to lose form contacting a legal professional to see what might be done in your case.

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Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

An article this week in Common Health explored one way that oxygen-deprived newborns should be treated to avoid permanent the long-term birth injuries that can result for such deprivation. Blog readers are aware of the risks associated with oxygen deprivation. Many Illinois birth injury lawsuits are rooted in problems that developed because a team of medical professionals failed to respond in a timely fashion to prevent such deprivation or relieve it.

In discussing the issue the article shares the story of one young boy who was born in severe distress. His body was limp and he was not breathing when first born as both of his lungs had collapsed. Fortunately, the medical experts in the neonatal unit at the hospital knew just what to do and went into immediate action. A breathing tube was quickly inserted and chest x-rays were taken. In addition, the child was placed in a clear acrylic box and was rushed to a nearby Children’s Hospital. Interestingly, during the 13 mile drive to the other facility, the child ambulance crew was instructed not to turn on warmers or to swaddle the baby. The child’s temperature needed to be a cool 92.3 degrees when he arrived—six degrees lower than a normal body temperature.

The story explained that to halt the harm of hypoxia—insufficient oxygen reaching the brain—the child’s body needed to slow down. This reduces the body’s overall demand for oxygen, allowing it to operate on less energy. The cooling process slows down the body, buying the medical team more time to correct the underlying problem and preventing cascades of brain damage. Failure to do this often means that the lack of oxygen leads to cell death which ultimately causes irreversible brain damage. Our Chicago birth injury lawyers have worked with many families whose children have suffered that exact harm.

As the story explains, this oxygen deprivation is the leading cause of cerebral palsy. Nearly ten thousand children are born with the condition each year. Experts explain that such oxygen deprivation has a myriad of causes. The placenta can peel away from the uterine wall too soon, the uterus can rupture, the uterus can be infected, or the umbilical cord could get caught around a baby’s neck. No matter what the cause of the hypoxia, it is vital that caregivers act as quickly as possible to discover the situation and take action.

That action often requires cooling. For example, the boy in this case, after arriving at the second hospital six degrees cooler than normal, was immediately prepped for a hypothermia cooling procedure. He was placed in a clear plexiglass bassinet and wrapped in a specially made blanket with tubes to circulate cooled water. He was ensured proper nutrition during the process and turned every two house to ensure proper body circulation. This process lasted for three days. In this case, the cooling was a success and the boy did not suffer any permanent brain injuries.

Induced pediatric hypothermia was approved by the FDA for use about five years ago. However, it is not yet a universally used process. It is important for all those interested in these issues to follow along as news continues to develop about the overall efficacy of these cooling procedure. If it continues to show positive results, hopefully more caregivers will recognize its benefits and implement it into normal routines.

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With all of the recent talk about the over-use of C-sections and the benefits of natural birth, our Chicago birth injury lawyers realize that it is important not to underestimate the risk of complications and the need for quick emergency medical intervention during my births. Obviously normal vaginal birth is ideal when all goes well in a pregnancy, the risks of surgery should never be borne if they can be prevented. However, at the end of the day, in many circumstances they cannot be prevented. The call for a lowering of C-section rates should be understood only in terms of those situations where it is not necessary. In many cases it is necessary. In fact, often the failure to conduct a timely C-section results in significant harm to a child. Many Illinois birth injury lawsuits that our firm handles have been based on that very notion.

An interesting new study reported in The Conversation blog yesterday suggests that many mother may actually underestimate the risk of needed intervention during their birth. The story explains that most women assume that odds are they will go through labor without needing any special intervention. However, new data suggests the opposite to be true. The authors note the “the disconnect between expectations and evidence means that new mothers may not be making informed and appropriate choices about the type of care they should get during pregnancy and where they give birth.”

Per the research, a medically uncomplicated birth was one with labor that starts naturally and does not require the use of special devices like forceps, suction cups, or necessitate C-section birth. The definition did call for use of pain relief measures like an epidural. In addition, skin tears or cuts were also not deemed to signify a complication. Expectant mothers, obstetricians, midwives, and medical students were all asked to predict the percentage of woman who would experience an uncomplicated birth, devoid of the above interventions or birth injuries.

Data using the same definitions above found that, amazingly, only one in five first time mothers would have an uncomplicated birth. A much smaller number—8%--would have a birth that also did not involve a vaginal tear or cut.

So how close were the guesses to the actual statistics?

The average guess from all participants was over 48%--more than twice the actual percentage of mothers who have an uncomplicated first time birth. The expectant mothers themselves were the most incorrect, guessing that 56% of women would not have complications. Medical students at the beginning of their training were just slightly better, estimating 53%. Medical staff members were closest to accurate at 38%, but they were still more than 17% off the actual mark.

Our birth injury attorneys were interested to read that the study’s authors speculated that the perceptions of mothers is likely caused by inaccurate data they receive from health professionals, media, and social contacts. Although others suggest that the problem is also that the intervention rates themselves are too high, unnecessarily driving up the disconnect between perception and reality.

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