Chicago Birth Injury Lawyer Blog

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

Working with Illinois birth injury victims, our medical malpractice attorneys have become familiar with the many emotional issues that following the physical harm caused by the situation. Parents grapple every day with trying to balance the honest hopes for their children and a realistic assessment of what challenges they will likely face throughout their lives. When we file a birth injury lawsuit on their behalf, one of the main goals is always ensuing that the child will have access to the resources he or she needs to lessen those challenges and maximize their potential.

However, we all understand that there is no amount of money that can eliminate those challenges entirely. That is why many in the legal field, particularly on the plaintiff’s side, explain that while the goal of civil lawsuits is to “make the victim whole,” in reality they can never be made whole. Damage awards are inherently insufficient, but they are the best we can do under the circumstances.

Having worked with many families who have faced the reality that their child will never be completely without challenges, our Chicago birth injury lawyers were disgusted to watch a 60 Minutes news segment this week about doctors knowingly providing false hope to many of these families. If you’ve got fifteen minutes free, take a moment to watch the video HERE.

The gist of the story is the fact that some unscrupulous medical providers are using exaggerated promises about the effect of stem cell research to give families of children with conditions like cerebral palsy false hope about the current extent of the research’s potential. While stem cell research has a lot of potential, the truth is that no stem cell research miracle is available today. We cannot yet repair damaged cells, and so claims to the contrary are essentially cons that both dash hopes of victims while trying to take money from them.

Unfortunately, the 60 minutes story noted that there is actually a rapidly growing trend in fake stem cell cures. Not only that but now investigators have found that there are some egregious hucksters that are selling dangerous “at-home” stem cell injection plans. Besides costing families money, these injections also have the potential to severely harm the innocent victims involved.

A brief search online yields professional looking websites seeking to sell stem cell treatments for a wide range of disease—including many incurred during birth. It is easy to see how families desperate for anything that may improve the life of their loved one might take the time to contact one of these apparently sophisticated operations in an effort to learn more. However, they should be avoided at all costs. As one victim explained, people who have already suffered these losses, “don’t need any more expense, don’t need any more heartache, and don’t need any more false promises.”

We encourage all readers to be on the look-out for these frauds. If something sounds too good to be true, it probably is. As always it is important to get second (and third) opinions when your suspicions are aroused as to the reliability or credibility of those involved in these and similar matters.

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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 inherent nature of the work of a Chicago medical malpractice lawyer usually places the attorney at odds with medical professionals and hospitals. Of course we only get involved in cases where medical care went awry and mistakes were made which cause harm. Yet, the nature of our work may create the impressions that our attorneys always assume that birth injuries are caused by medical negligence or that all medical professionals present a risk to patients. These are unfortunate assumptions. Our birth injury lawyers, just like the rest of the community, understand the absolutely critical role that medical professionals play in all of our lives. The majority of doctors provide fantastic care in day in and day out. Some birth defects are simply impossible to prevent.

It is important from time to time to recognize the amazing work that many medical professionals conduct, particularly in helping those who suffered a birth injury reach their full potential. For example, the Daily Mail Online published a story this week on a six year old girl who suffers from cerebral palsy who was able to walk for the first time following a pioneering nerve surgery.

The family learned that the surgical option maybe available to them after reading a story about another young boy with cerebral palsy who was able to walk after having the new operation—known as Selective Dorsal Rhiztomy surgery. To pay for the procedure, the family conducted an intensive fundraising drive to raise $70,000 to pay for the expense of the procedure. After months of hard work and drives, the family ultimately raised more than $95,000 and the door was opened for the girl to have the procedure.

This summer, on the little girl’s birthday, her family set off for the surgery. The procedure itself lasted four hours in addition to a tendon lengthening surgery over the course of a few weeks. On top of that the girl undergoes rigorous physiotherapy three times each week. The progress has been slow, but even the little things make a huge difference for the girl and her family. Unlike before the operation, the girl can now sit on the sofa on her own without falling down. Whereas before the girl needed splints up her whole leg, she now only has small splints on her ankles. She eventually may not even need those smaller splints at all. The six year old gushes that she loves the fact that she can now fit into sparkly Princess shoes, which she couldn’t when she was wearing larger splints.

The surgery which the family learned about is a unique neurological technique that treats spasticity in the lower limbs. Spasticity refers to increased muscle tone in those limbs. The process works by opening the lower vertebrae to reveal the spinal cord containing the neurons of the central nervous system. This is the bundle of nerves that sends messages from the brain to the rest of the body. Electrical currents are then used to identify the sensory and motor nerves. Those currents continue to be used until the specific nerves which affect the spastic muscle movement in the victim is identified. These are the nerves which are not transmitting properly. Those nerves are then cut to eliminate or at least improve the motor problems.

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Cerebral Palsy Primer: What It Is & When It Arises

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Critics of the legal system often argue that families would be better off by putting tragedies behind them and not seeking to hold wrongdoers accountable for their conduct. The argument goes that while it is regrettable that doctor, nurses, and other medical personnel make mistakes that harm patients, there is little to gain from filing a medical malpractice lawsuit to provide redress for the harm caused. It is best to forget about the incident and move on as best as possible. Of course, this argument misses the critical point that it is impossible for most victims to actually move on. That is because the consequences of these accidents usually last a lifetime. Our Chicago birth injury attorneys are well aware that when it comes to mistakes that affect newborns, the effects dictate the young victim’s life.

The costs of dealing with the consequences of the mistake over the course of a lifetime can be mind-boggling. Specialized therapies and medical care are often needed. Considering that the life expectancy of many of these children is often seventy to eighty years, then the overall costs of the accident reach significant amounts. A story this week at EIN News touched on the long-term effects of these birth injuries. The story noted how it is often only via use of the legal system that families have the resources they need to provide the best possible care to their injured child.

Experienced attorneys in this area can ensure that a wide range of past, present, and future medical needs are provided. For one thing, the costs of the initial hospital stay can added up quickly, depending on the time spent in labor and other more complex hospitalization and treatment issues. The child often has to spend time in a neonatal intensive care unit. At times other medical professionals have to be brought in for a second opinion. These initial costs can be recovered in a birth injury case.

Perhaps even more importantly, the child’s long-term care costs can be recovered. Depending on the injury, the child may need to have in-home nursing care around the clock. Pediatric and vocational rehabilitation are frequently necessary. Many children who suffer birth injuries also need physical and speech therapy. At the home, families are well-served when they can have personal access to medical equipment. Special schooling is frequently appropriate to help these children reach their maximum potential. All of these potential needs are factored into jury awards in verdicts and in discussions with involved parties when working to reach a settlement before trial.

The Illinois birth injury lawyers have years of experienced helping families in this situation. For example, we helped one family receive a $6.71 million verdict following a damaging birthing mistake. In that case, an inexperienced hospital resident performed a vaginal delivery on a child even though the baby was in breech position. Shoulder dystocia and a particularly severe brachial plexus arm injury resulted. The family was able to use the award to ensure that their child will receive all of the special care that he needs for the rest of his life.

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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

As discussed yesterday, screening for potential birth defects, abnormalities, and other developmental defects in children has been the focus of significant research over the past few years. These new techniques are replacing previously invasive procedures that presented unnecessary risks to children. In many cases the new tests are allowing medical professionals to diagnose the birth problems earlier than before and provide earlier treatment. Time is often an important factor in these situations, and therefore every step that can be taken to provide earlier diagnosis may ultimately save lives.

Along those lines, NJ Spotlight recently discussed a new screening process that is available to test young infants for heart defects. The test, known as pulse oximetry, involves placing a tiny sensor on the toes of young infants measuring oxygen in his blood. The purpose is to detect low levels of oxygen, which indicate a congenital heart disease. These heart problems are a common birth defects, and failure to detect it earlier often results in serious problems for the infant; it can be fatal. These screenings procedures are new, and for the first time they allow medical experts to identify potential problems before the newborn has shown actual signs of the disease. As one involved medical expert explained, “for some of these heart lesions, early intervention is life saving.”

Just last month New Jersey became the first state to mandate this screening. Several children have already been found with heart conditions as a result of the screening, and experts believe they likely would have died had the early test not been performed. Following identification of a problem in these early detects the young victims are often able to have surgery performed to correct the problem. Following New Jersey’s actions, other states have looked at the benefit of mandating the screenings. However, many other states do not screen newborns for heart defects or other recommended blood tests. Financial situations are involved in these screening requirements, and so various states have reached different conclusions about the merits of requiring the test.

The federal government did not have the pulse oximetry on the list of federally recommended newborn screenings before New Jersey officials signed it into law. However, since that time, U.S. Secretary of Health and Human Services Secretary has added the test to the recommended list. At least two other states will implement the recommendations this year, and many others have proposals waiting to do that same. Clearly the more newborns who have this screening, the more lives will ultimately be saved that otherwise would have been lost.

The Chicago birth injury lawyers at our firm applaud the actions taken by those officials who are working to spread the used of this screening and ultimately saving young lives. Through the years of working will local Illinois injury victims we have come to appreciate the immense devastation caused to entire families when young children suffer through medical complications. It is particularly tragic when those problems could have been prevented. It is reasonable for families to demand that everything possible be done to prevent these problems from developing.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

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Family Receives $1.3 Million Dollars in Brachial Plexus Birth Injury Lawsuit

Chicago Birth Injury Lawyer: Spotlight on Brachial Plexus Injuries

Our Chicago birth injury attorneys have learned over the years that there are certain trends in cases involved preventable injuries to newborns caused by medical malpractice. In perhaps more cases than not, the problems arise by medical professionals’ failure to take necessary steps in abnormal or emergency births. Of course, there is always risk in these situations that is completely out of the hands of caregivers. However, the risks of these situations does not mean that medical professionals’ failure to act reasonably is excusable when that failure leads to harm to the child or mother.

In these botched emergency births, the specific injury to the child is often a lack of oxygen to the brain. The brain requires a constant flow of blood and oxygen to thrive. When oxygen and blood are kept from the brain for a certain period of time (which happens in delayed fetal distress), then the child often develops permanent complications. One of the lesser known problems caused by lack of oxygen to the brain in childbirth is known as focal dystonia. As described in a new story in Empowher, focal dystonia is a condition that causes victims to have involuntary contractions of their muscles, often in the jaw, vocal cords, and neck.

Beyond the birth injury problem, focal dystonia can also arise in other situations. Other brains injuries can lead to the problem, such as those caused by stroke. In other situations a vitamin B12 deficiency has been known to cause it. Infections, carbon monoxide poisoning, and heavy metal poising have also been shown to cause the condition. Therefore, in many cases, focal dystonia is rooted in the negligence of others.

There are a few treatment options currently available to sufferers. Medication can be taken which affects neurotransmitters and help ease symptoms of sufferers. This includes drugs such as bromocriptine, trihexphenidyl, muscle relaxants, procyclidine HCl, carbidopa, and others. It is important to reiterate that these medications do not slow progression of focal dystonia, but instead they merely alleviate some symptoms. Of course, the medications also come with side effects of their own. Some of these drugs are known to cause sedation and memory problems. Besides medication, injections of botulinum toxin are another treatment option for the condition. These injections are often thought to be the best treatment method, because they are best at preventing muscle contractions. Usually patients need new injections every few months to ensure the contractions are kept at bay.

The Illinois birth injury lawyers at our firm encourage all those who may have developed this problem through the misconduct of another to contact legal professionals to learn about their rights. The consequences of these injuries are far reaching, and in many cases they can affect lives permanently. There is no reason why those responsible for the problems are not asked to pay for the consequences of their conduct. The civil law is designed toward that specific end, and victims need only contact proper help to use the system to protect their rights.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

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

Late this week the Environmental Health News reported on new information about the effect that certain pollutants and the chemicals inside them have on pregnant woman. Of particular interest to an Illinois childbirth accident attorney, the article explained how the exposure to those pollutants increased the risk of a child suffering from neural tube defects. The particular chemicals involved in the study are known as persistent organic pollutants (POPs) which include various pesticides, industrial chemicals, and compounds released from fossil fuels. The research was the first to actually link the total number of POPs in placentas to the defects.

The study involved the examination of 80 different cases of fetuses with neural tube defects and 50 cases of healthy controls. The pollutants were then measured in the area where the mother lived. Those areas with the higher levels of pollutant chemicals were then found to lead to the increased problems. Those areas with the most problems were closest to mining and burning coal operations. The scientists also measured various chemical levels inside the placenta to get an idea of fetal exposure to those pollutants.

The birth injury at issue in this research—neural tube defects—affect the development of the brain and the spinal cord. The neural tube is the temporary part of the developing fetus that actually splits into both the brain and spinal cord during the growth process. When that neural tube fails to seal, then anencephaly and spina bifidia can arise. These defects generally result in lifelong problems for the children who suffer from them. In addition, these problems could result in spontaneous abortions and stillbirths. Worldwide more than 300,000 babies are born with these defects every year. In the United States the rate is about 30 for every 1,000 live childbirths.

Illinois birth defects have causes that range from medical malpractice and unsafe pollutants to completely random developmental problems that cannot be prevented. Medical professionals continue to uncover new information that sheds light on the exact causes of birth problems. Therefore many causes that at one time seem to be completely accidental become preventable so long as proper steps are taking. Our Chicago birth defect lawyers know that as medical knowledge grows the rules of legal liability related to Illinois birth injury lawsuits change.

This is the case because in many ways the law accounts for the awareness of those who played a role in causing these injuries. In certain context—such as product liability cases—the knowledge of the involved defendant may be irrelevant. However, in many other cases, negligence requires at least some awareness of one’s conduct. When it comes to birth defects, there could be both products liability and regular negligence aspects to a potential legal case related to those injuries. Very frequently in these cases an attorney will explain to a client that there all possible avenues for recovery should be pursued. The law is rarely a simple and straightforward process, as a variety of potential causes of actions or theories of liability may exist in any given situation.

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Family That Won Birth Injury Lawsuit Needs State Help to Receive Judgment

Family Awarded $4.5 Million Following Birth Injury Lawsuit

Many parents whose children fall victim to a birth injury suffer considerable emotional distress knowing that their child will have to face a variety of unique challenges throughout their lives. The physical and mental disabilities that these children face can requires millions of dollars in care over the course of a lifetime, not counting the lost experiences, mental, and emotional trauma that comes with these life-long problems. The Illinois childbirth accident attorneys at our firm have worked first-hand with many of these families and we know the personal struggles that are faced following preventable childbirth complications.

The well-publicized case on which we previously reported and highlighted by the Orlando Sentinel earlier this month is a good example of the consequences of these birth injuries. A jury recently awarded a family $4.5 million to help pay for the consequences of a mistake that caused their child to be born without arms and only one leg. After hearing evidence from both sides and deliberating on the matter, the jury agreed that the obstetrician and medical clinic that employed her were negligent in the care they provide to the family. The doctor’s failed to perform a proper sonogram and did not notice the child’s problem—even though reasonable medical professionals in the same circumstances would have.

The jury explained that it was clear that the obstetrician and other medical care workers failed to provide anywhere near the reasonable level of service that the family should have been able to expect. For example, the ultra sound technician wrote a report where she indicated four limbs were found. The doctor signed the report, even though neither could explain why the indicated something that wasn’t true on the report.

As a result of this latest accident and lawsuit, the medical office has changed its protocol. Different procedures are now used to ensure that all limbs are clearly identified by the medical professionals when conducting a sonogram. The spurring of important safety changes is one of the only good things to come out of this situation. The family explains that they will use the money to buy prostheses, which the child will need to have any semblance of a normal life. They will be able to purchase a wheelchair and other necessary medical care to assist with the boy’s day-to-day needs. Right now the child is three years old and unable to do most of the things other toddlers are doing.

The Illinois birth injury lawyers at Levin & Perconti are glad that the family in this case was able to receive the assistance it needs to provide for this child and spur changes at the negligent facility which will hopefully save others from suffering the same problems. All professionals working in these situations know that the consequences of their work are often matters of life and death. That is why it is entirely reasonable for families to expect a certain level of care whenever they rely on these professionals to make decisions about the birth. If you or someone you know experiences a preventable birth injury, get in touch with our attorneys and learn about your legal rights.

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Family of Birth Injury Awarded $58M Settlement

Trial Begins in Lawsuit Where Inmate Gave Birth Alone in Cell

Our Illinois birth injury attorneys are very interested in the new technique of therapeutic hypothermia as a method to try to help newborns that suffer from a birth injury due to a lack of oxygen. Unfortunately, as many as one out of every one thousand babies born suffer from some level of oxygen deprivation at birth. While often times this problem is very short lived and the doctor can restore oxygen to the baby immediately, other times due to either the doctor’s negligence or a complication that arises, the baby is without oxygen for a longer period of time and may suffer from serious developmental injuries as a result of being without oxygen.

A newer treatment for birth-related brain injuries has been developed, in which the baby is cooled to levels that induce hypothermia for a period of time, in which the baby has as high as a 50% chance of recovering from the lack of oxygen injury over babies that were not given the cooling treatment. When babies suffer a lack of oxygen for too long and no treatment works, they may have permanent develop cerebral palsy and a permanent brain injury. Because these results can be so devastating to the baby and the family, it is great to find new treatments that may help to eliminate this problem. While the hypothermia treatment does not work in all cases where the baby suffers from a lack of oxygen birth injury the treatment has been shown to work in a number of cases and has helped many babies recover fully and not suffer permanent developmental issues.

While this process seems to work well for treating newborn babies that have suffered from a lack of oxygen, the cooling process is not an easy one, as it takes time and certain facilities to carry it out properly. According to The Los Angeles Times, only very advanced level of neonatal centers are able to do this type of procedure at this time. The long term affects of a birth related brain injury caused by a lack of oxygen could be very severe on the baby and the baby’s family. When the birth injury is the result of the negligence on the part of the doctor or other hospital staff, such as if warning signs were ignored or improper procedures were used in delivering the baby, the family may file a birth injury lawsuit against the person responsible to help them in some way recover for what that person has forced the baby and family to suffer through.

If you or a loved one gave birth to a baby who suffered a permanent birth injury as a result of the way in which the delivery was handled, please do not hesitate to contact our personal injury law firm today to discuss what options you may have available to you and your family and to discuss what next steps should be taken. Our attorneys have helped clients all over Illinois recover damages for the medical bills, as well as for the pain and suffering, that the clients have been forced to deal with as a result of someone else’s negligence.

Unfortunately birth injuries are far more frequent than one might realize and often times occur because of negligence on the part of the doctor or the hospital and could be avoided if the proper care was taken. Our birth injury attorneys realize that many of the birth injuries that they see are a result not of the baby having complications during pregnancy but rather there being a problem during delivery. According to Todays THV, two out of every three babies that are born at full-term experience some degree of oxygen loss related to the umbilical cord cutting off their air supply or by another type of problem during the birthing process. If this happens and the problem that is causing the lack of oxygen is taken care of immediately, or if the doctor realizes that the baby in distress as they are delivering the baby and act accordingly, the doctor can hopefully fix the problem before any serious or permanent damage to the newborn baby occurs.

Birth injuries caused by a lack of oxygen to the baby during birth can end up causing serious damage if the baby is without oxygen for a long enough period of time. The lack of oxygen can cause severe brain damage and can seriously impair the baby’s developmental abilities and can even lead to death. Cerebral palsy is condition that babies sometimes develop at birth when they suffer from a lack of oxygen, and this condition often involves a great deal of developmental problems or delays that can last throughout the baby’s lifetime. However, while oxygen deprivation at birth may unfortunately be rather common, a serious injury can often be avoided if the birth doctor realizes the problem and acts immediately to restore oxygen to the baby.

One interesting way in which a birth injury due to a lack of oxygen can be helped is through the use of a “cooling cap” which can be used for babies that suffer from a temporary deprivation of oxygen to the entire brain at birth (as opposed to a lack of oxygen to a portion of the brain). This method requires that either the baby’s entire body or head is kept cool for at least 72 hours and then the baby is taken off of the ventilator and re-warmed. This process may help with damage caused from the temporary lack of oxygen to the entire brain and has been found to work on a number of babies that have suffered from this type of birth injury.

While there are certain things that can be done to try to reduce or protect against severe brain injury after birth, all of the methods require that the doctor is immediately aware that there is a problem and act quickly to try to limit the damage to the baby. If during the birthing process or immediately after the birthing process you feel that the doctor that delivered your baby did not act using the utmost care or in some way acted negligently, please contact our Illinois personal injury attorneys to discuss what options may be available for you and your family.

Though they are some of the most common forms of personal injury lawsuits in Illinois,birth injury cases are some of the fewest talked about, but also many of the most devastating. Statistics from the Illinois Department of Public Health show that in the years 2006-2008, approximately 27 out of every 1000 births in Illinois involved some form of birth-related injury, and another approximately 6 out of every 1000 births resulted in death as a result of health-care provider injury.

Although in some instances, birth injuries may occur by no fault of the doctors or nurses, the disturbing fact remains that many of these injuries result from negligence and/or mistakes. In a hospital full of trained health care professionals, this is simply unacceptable.

I. How they Happen
Injuries to the baby can happen at almost any stage of the delivery or labor process. When errors are made and doctors or nurses are careless, birth injuries may result. Although some babies who suffer from birth injuries may ultimately recover quickly, unfortunately many more end up suffering from permanent debilitating mental or physical conditions, treatment for which may be life-long. Some factors contributing to these injuries may include:

A. Improper monitoring or testing of the fetus prior to birth.
B. Labor difficulties resulting from the baby taking an unusual or awkward position before entering the birth canal.
C. Oxygen deprivation to the baby, often as a result of constriction of the umbilical cord.
D. And other mistakes made by doctors and nurses during the labor and delivery process, such as excessive force, or other mistakes that put the baby at risk.

Although none of those factors will concretely determine that the child will suffer a birth injury, when any of these factors are present, the risk of injuries significantly increases.

II. How they Affect Families
If a baby is unfortunately stricken with any form of birth injury, the results can be overwhelming, and may even involve permanent life-long care. Birth injury lawsuits in Illinois allow the parents to collect damages from the negligent health care providers to assist in providing care for the child throughout the duration of the child’s life. Some of these damages may include:

A. Past and future medical expenses
B. The cost of providing care for the child
C. The cost of specialized schooling for the child
D. Emotional and physical pain and suffering experienced by the child
E. The costs of future earnings that the child may have received, had he or she lived a normal life
F. And many others

As our Chicago birth injury attorneys know, in these cases, the life-long effects can be devastating, and sometimes the only way to get retribution is to have those who caused the injury help pay for the cost of future remedies. When you add up the expenses for the effects of a birth injury, it’s easy to see that future care for a birth injury is both emotionally and monetarily costly.

Without prompt and adequate treatment, pregnancy complications often threaten the life of a mother carrying the child as well as child itself. Illinois birth injury lawyers realize that to protect lives, doctors must properly examine and diagnose pregnant mothers who exhibit signs of infection and provide treatment to prevent the condition from worsening.

An article published recently in the Dallas Morning News shows how a treatable infection can quickly degenerate into deadly septic shock if healthcare providers fail to administer appropriate care. A woman was admitted into the hospital with an 104.8 degree fever and complaining of neck and lower back pain – characteristic signs of an infection. A sonogram showed that the woman had been 17 weeks pregnant, but the baby had died. Rather than removing the fetus immediately to address the infection and without examining the woman, doctors ordered the procedure to be performed the next morning, 16 hours later.

During the intervening hours, the woman’s condition devolved into sepsis, a severe blood infection caused by an infection in another part of the body that can result in blood clotting, multiple organ failure, and death. The woman experienced septic shock and fell into a coma that lasted for three months.

Now the woman must receive dialysis three times a week, is on the waiting list for a kidney transplant, and has suffered two strokes, brain surgery, blood clots, liver damage, a partial hysterectomy, and heart surgery. The family filed a medical malpractice lawsuit seeking redress for this pain and suffering and to cope with over $3 million in medical bills accrued so far. The hospital could have avoided all of these afflictions had the staff met the standard of care and recognized the severity of the woman’s condition on that first night.

Our Chicago medical malpractice attorneys have represented families who suffer when their attending physicians fail to properly diagnose and treat pregnancy complications. In June 2009, we settled a case for $5.35 million on behalf of a daughter whose mother died after her physician failed to diagnose and provide timely treatment for her postpartum cardiomyopathy. The mother arrived in the emergency room with complaints of shortness of breath and chest pain. She was not boarded in the ICU and was improperly treated in the emergency room for pneumonia, worsening her heart failure. She died 15 hours later.

Continue reading "Medical Malpractice Lawsuit Filed After Pregnancy Complication Leads to Deadly Blood Infection" »

Our Chicago birth injury attorneys often receive troubling calls from heartbroken parents describing incidents of shoulder dystocia. According to a recent article from MissionLocal.org, shoulder dystocia is a birth complication often associated with, but not limited to pregnant women with diabetes. Shoulder dystocia occurs when a child’s head is delivered, but the shoulders of the child are unable to pass through the birth canal. When this occurs, the child is immediately in jeopardy of suffering serious birth injuries or even death. According to the report, sometimes doctors are able to avoid injury by quickly repositioning the child, but others aren’t so lucky.

Shoulder dystocia is one of the most dangerous birth complications. Once the head of a baby is delivered, significant strain is placed on the umbilical cord. In a typical childbirth setting this is not a problem because of the relatively short period of time between delivery of a baby’s head and shoulders. In shoulder dystocia cases, however, the prolonged stress often leads to permanent injuries.

John Perconti filed a lawsuit against Evanston Hospital in 2005 for complications suffered by Denise Juarez when the birth complication of shoulder dystocia caused her to ultimately suffer from Erb’s palsy, which is the weakness or loss of movement caused by damage to the nerve bundles at one’s shoulders.

While some cases involving shoulder dystocia can not be predicted, many others can, and failing to diagnose a fetus with a high propensity of suffering a shoulder dystocia is medical malpractice. In the case of Denise, the facility was negligent in a number of ways. The staff failed to perform an ultrasound prior to delivering Denise to determine her size, given the fact that Denise’s mother had previously delivered a large baby. Additionally, the staff failed to inform Denise’s mother of her increased risk for shoulder dystocia and failed to offer a Caesarean section as an option to reduce these risks. Finally, during delivery, the labor and delivery team failed to perform the proper disimpaction techniques, and the doctors applied excessive force causing Denise’s permanent nerve damage.

John and the rest of the birth injury lawyer team at Levin and Perconti, using their knowledge gained over many years practicing in the area, were able to settle Denise’s case for $1.3 million dollars. This money will help provide Denise the care and treatment necessary to live a more normal life.

A new study discussed in US News may have important implications for families dealing with traumatic birth injuries. All those who have suffered through complications during a pregnancy and the consequences stemming from them are aware of the lifelong challenges faced by many birth injury victims. In many instances the damage occurs in the young child’s brain—leading to developmental problems incapable of corrections.

However, new data suggest that newborn nerve cells may help heal the brain after traumatic injury. The research out of the University of Texas Southwest Medical Center and publish in the Journal of Neuroscience showed that new neurons were vital in mice’s ability to remember a maze following a brain injury.

The data may settle a debate about the role of newborn nerve cells in brains. The cells, made in the hippocampus and important in learning and memory, are beneficial in brain recovery. One neuroscientist explained the importance of these cells by noting that “It’s clear they are doing something, and that that something aids recovery.” The next challenge is for doctors to understand how the creation of new cells—neurogenesis—can be harnessed.

This could have clear consequence for local victims. In theory, the use of these newborn cells could help improve the mental function of those who have suffered from an Illinois brain injury. Blog readers are well apprised of the many Chicago birth injury lawsuits that arise in the area because of complications following medical errors. Many of those victims suffer problems without chance of improvement. All new information that may lead to better prognosis is welcome.

Continue reading "New Research May Have Implications for Illinois Birth Injury Victims" »

According to a lawsuit recently filed by Fiona and Stanley Brown, negligence on the part of Lakeland OB-GYN and Lakeland Regional Medical Center caused their child, Destiny, to be born suffering from cerebral palsy and seizures.

The birth injury lawsuit claims that while Fiona and Stanley were at Lakeland Regional, the fetal monitor strip indicated a decrease in fetal heart rate. At thirty-eight weeks pregnant, Fiona was told that she needed to undergo an emergency Cesarean section.

Lakeland Regional is accused of not providing timely care before Destiny’s birth, not treating the fetal distress quickly enough, not reporting changes in Fiona’s condition to the attending doctor quickly enough, and of delaying the C-section.

Continue reading "Child Suffers from Cerebral Palsy and Seizures after Alleged Medical Malpractice" »

Parents who suffer from a combination of gestational diabetes (GDM) and obesity have recently been linked to an increased chance of delivering children with macrosomia. Macrosomia, having a very high birth weight, can lead to various birth injuries if not recognized and approached correctly by a patient’s doctor.

A recent investigation reported by Dr. Metzger, M.D., of Northwestern University School of Medicine in Chicago found that obese women had a 13.6% increased chance of delivering a baby with macrosomia compared to women of a healthy weight. If an obese woman then develops gestational diabetes her risk of delivering a macrosomic child is 20.2% above that of a woman of normal weight.

Delivering a baby with a high birth weight takes much more finesse than delivering a baby of normal weight. If a doctor fails to recognize that a baby is macrosomic they may not be able to take the necessary precautions to minimize the risks posed by the delivery. According to Allahyar Jazayeri, M.D. in an article posted by emedicine, attempts at perinatal diagnosis of macrosomia have proven difficult and are often inaccurate so a doctor should always be prepared for the possible complications of macrosomia.

Continue reading "Gestational Diabetes and Obesity Linked to Increased Birth Weight in Babies" »

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

A research team at Wayne State University is convinced that the big solution to preventing and treating cerebral palsy may come in a small package. The husband-and-wife team consisting of chemical engineering professor, Rangaramanujam Kannan and assistant pediatrics professor Dr. Sujatha Kannan, has received a patent for using tiny polymers to attack what it considers to be the root of the disorder: inflammation in the brain.

Cerebral palsy is a condition made up of a group of motor disorders caused by brain damage that often occurs after suffering from a birth injury or an infection that develops while in the womb. Prevention of the condition has thus far proven to be very difficult because it is generally diagnosed only after the damage has already occurred.

The research team has developed tiny tree-shaped polymers called dendrimers, which range from 5-10 nanometers long (over 700 times smaller than a human red blood cell), that are used to carry medicine directly to inflamed areas in the brain. The team believes that this method, in conjunction with the identification and diagnosis of the neuroinflammation in newborns, could prevent, or at least reduce, the development of cerebral palsy. Dr. Kannan is currently able to detect such inflammation in the brains of newborn rabbits and she believes that doctors might eventually be able to do the same in human newborns. Once detected, the dendrimers could then be used to target the inflammation, which in turn could prevent the condition from developing.

For more information on using this nanotechnology to treat cerebral palsy, click here.

A study conducted, which included more than 150 newborns with birth injuries, showed great promise in preventing birth injuries. This method involves injections of a hormone that stimulates red blood cell formation. The procedure can begin as late as two days after the birth injury. To read more about this study on preventing birth injuries, click here.

The FDA announced yesterday that it will require new warnings for Botox and all other Botulinum Toxin products. Botulinum toxin is a neurotoxic protein produced by the bacterium Clostriduam botulinum. It is the most toxic protein known to scientists and one of the most lethal substances to occur in nature. Although not approved for such use, it is often prescribed to children with cerebral palsy, who are injected with the drug in an effort to control limb spasticity that is associated with the disorder. The drug works by paralyzing the muscles, which restricts unwanted movement. After injection, however, the toxin can migrate to other areas of the body, including those muscles used to breathe, causing potentially deadly paralysis. The FDA stated that this adverse affect has occurred most frequently in children with cerebral palsy and that several children with the birth injury have died as a result of the treatment.

The new label requirement includes a black box warning, a type of warning that is reserved for drugs with significant risks of serious or life-threatening adverse affects.

For more information on the FDA’s Botox warning, click here.

Illinois birth injury victims may get access to treatment that was previously unavailable to them thanks to new legislation recently signed by Governor Pat Quinn. Children with cerebral palsy and other developmental disorders such as Down syndrome and autism will soon be able to get treatment thanks to a new law that requires insurance companies to pay for speech, physical and occupational therapies. Specifically, the law requires insurers to extend coverage to “habilitative treatments,” which are those intended to teach new skills and maximize functioning. The law takes effect January 1, 2010.

For more information on how this new law will help children with cerebral palsy, click here.

Babies who are deprived of oxygen for any significant period of time during birth have a very high risk of suffering permanent brain damage. This risk of birth injury has shown to be reduced, however, by a new therapy that is pretty cool, literally. The therapy, called induced hypothermia, involves placing an infant on a cooling blanket within 6 hours of its birth for a period of 3 days, bringing its temperature down from the normal 98.6 degrees to about 92 degrees. Research shows that, while the therapy may not completely prevent brain damage, babies suffering from hypoxic ischemic encephalopathy (HIE), or birth hypoxia and asphyxia, that receive the treatment have a greater chance of survival and the extent of their brain damage from oxygen deprivation is reduced.

Read more about this new cooling therapy here.

Just 4 years ago, only a third of all infants born in the United States were required to undergo screening tests to determine whether they had acquired any of a multitude of conditions. Now, all states and the District of Columbia have enacted rules or regulations requiring newborn screening for at least 21 disorders including genetic, metabolic, hormonal and functional disorders. The screening is important to detect the presence of such birth defects and birth injuries because many have no visible symptoms until after permanent damage has developed. Early detection allows for timely treatment, which can prevent permanent injuries such as brain damage and mental retardation from occurring. If you are interested in learning more about newborn screening and the disorders that it can detect, the March of Dimes is an excellent resource.

Read more about the newborn screening requirements here.

A Chicago suburb hospital is forced to pay $6.5 million dollars for a child who suffered a brain injury under their treatment. The attending obstetrician and labor and delivery nurse “failed to respond to the baby’s low heart rate and reduced oxygen flow caused by the drug Pitocin” which resulted in the birth injury.

For the full story, click here.

A doctor operated on a 3 day-old baby after an MRI showed a tumor after birth on the newborn’s brain. While the doctor removed the growth, he realized it contained a nearly perfect foot, the formation of another foot, a hand, and a thigh. The doctor said that this type of birth injury is extremely unique and unusual.

For the full article.

A twin who experienced a brain birth injury is about to undergo an experimental treatment. The surgery uses her own umbilical cord blood. The birth injury victim is now four years old. While her twin sister hit all of her developmental milestones early, the 4 year-old birth injury victim did not learn to crawl until she was three.

For the full article.