Chicago Birth Injury Lawyer Blog

Many more families than not chose to have their child born at the hospital. Considering the sheer number of children born in hospitals with doctors instead of at-home with midwives, it is not surprising that most Illinois birth injury lawsuits allege medical malpractice at hospitals and not misconduct by midwives. However, that is not to say that midwives cannot be held accountable for preventable errors made during the process that lead to a birth injury. On the contrary, the law specifically allows families hurt by negligent midwives to demand accountability and redress when negligence causes harm.

For example, earlier this week The Republic shared the story of one suit which recently settled that had been filed by a couple after their child suffered a serious brain injury as a result of what they claim was mistakes on the part of the midwives hired to guide them through the birthing process. The defendants in the case were a mother-daughter team that owned a birthing center together and they were hired to help the plaintiff’s in the case. However, the family claimed that the two women did not provide the level of care that the law demands.

According to the story the mother went into labor and went to “The Baby Place” to have the child in the summer of 2008. Yet, the family claims that during the birth the child was deprived of oxygen. As a result the child was born with a severe brain injury. She will likely face severe complications as a result of the injury for the rest of her life.

The couple eventually sought out the counsel of a birth injury lawyer and field suit against the negligent midwives. Recently, an agreement was reached whereby the couple agreed to pay the family $5 million. This will avoid a costly, time-consuming trial.

Unfortunately, our Illinois birth injury lawyers know that reaching the settlement in this situation does not automatically mean that the family will receive the award to which they are entitled. That is because the midwives did not carry any malpractice insurance. In fact, the family is planning to seek bankruptcy protection.

That midwives have had their share of recent problems. On top of the injury to the child in this case, the midwives had already lost their license to deliver children after three different children died during childbirth. In one of those cases, one of the midwives allegedly delayed paramedics from entering the patient’s room, ultimately contributing to the death of the child. In another case a student widwife improperly cut a child’s umbilical cord, leading to the child’s death. The third case involved a child who was born with a very shallow heart rate and clear signs of distress. Yet the midwife delayed before calling any emergency help.

As this situation demonstrates clearly, it is absolutely vital for local families to properly research the midwives that they are considering using. Only experienced, qualified professionals should be involved in these delicate processes. Also, it is important to ensure all those helping in childbirth have proper insurance to pay for the potential consequences of any errors in the process.

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Are More Women Turning to Midwives?

Editorial Makes Case for Hospital Births

The Naples News reported yesterday on the latest news regarding the “claims bill” issue which affects a young boy who suffered permanent injuries at birth as a result of medical malpractice. A jury in a subsequent birth injury lawsuit awarded the boy $30 million for the care he will need for the rest of his life. However, because the negligent hospital was a public one, there was a cap of $200,000 on an award. The child’s only recourse was to try to get a piece of legislation passed by the state House, state Senate, and signed by the Governor.

As it stands right now a bill which would provide half of the jury award ($15 million) was passed handily in the state House. It now moves on to the Senate. It is unclear what the prospects for the bill are in that Chamber. However, it is clear that the boy and his family have faced an uphill battle. The negligent hospital hired several big-time lobbying firms to fight the matter. Beyond that, it is unclear what the Governor’s position on the bill is, as his veto could throw the bill back to the Assembly. Yet, the vote margin in the House was large enough to override a veto. Usually Governors are prone not to veto a bill that they know will be overridden anyway. It will be interesting to see how this matter plays out, as observers note it is the largest claims bill in the state’s history.

Each Illinois birth injury attorney at our firm appreciates that this case highlights the unique issues that can affect lawsuits against public entities. In general, public entities are capable of crafting different rules which apply to how they can be held accountable for their negligent conduct. Sovereign immunity rules allow these entities to limit their liability entirely. In many situations, as in this case illustrates, the state will have caps on the amount that can be recovered by victims following negligence by a public hospital or official. The only alternative for the victim in those cases is to get a specific piece of legislation passed through the state political process and enacted into law.

Beyond limits on damages and immunity entirely, other legal rules may be changed in special ways for public bodies. Most notably, there are often different statute of limitations times and notice requirements when dealing with public entities. If those special rules are not respected, then a plaintiff may lose their right to seek redress and accountability entirely. Our Illinois medical malpractice lawyers often explain that this makes it very important for those who believe they (or a loved one) may have fallen victim to medical malpractice to seek out the advice of proper legal counsel as soon as feasible. Often it is not entirely clear if a public body is involved in a suit until the attorney is given all the information and conducts an investigation. Therefore, to ensure that all legal options will remain on the table, there is no substitute for timely, experienced help from a legal professional.

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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

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

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

The Pfizer Birth Control Pill Recall and Lawsuits

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

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

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

Frequent readers of this blog (or those familiar with birth injuries) have likely noticed that there are common trends when it comes to the types of injuries at the root of Illinois birth injury lawsuits. While new children can suffer an enormous range of problem at birth, lawsuits connected to those problems are usually rooted in a few injuries time and again. This is because birth injury lawsuits are filed based on the conduct involved, not the injury caused. There are acts of negligence that cause the same types of harm again and again—pulling too hard on a child in the birth canal or failing to order an emergency C-section when fetal distress is uncovered.

Our Chicago birth injury lawyers know that those particular acts of negligence are likely to result in a select few types of injuries. Those include shoulder dystocia, a brachial plexus injury, cerebral palsy, and a few other hams. While not all preventable injuries fall into those categories and not all incidents of these problems were necessarily caused by negligent care, the development of one of those select few injuries is often a red flag necessitating more inquiry. Unfortunately, much work still needs to be done to ensure that all possible steps are taken by medical professionals to ensure proper care is provided 100% of the time and that all injuries which can be prevented are prevented.

When mistakes are made, birth injury lawsuits fill in the gaps. They provide added incentive for involved medical facilities to enact changes to improve care in the future, and they provide the resources that the victim will need to deal with the consequences of the harm throughout their lives. For example, US Politics Today published a story this weekend about the end of a jury trial following a birth injury. In that case, the victim was a girl whose doctors pulled too hard during her delivery. Even though the child was in relatively good health during the delivery, the doctor chose to utilize a vacuum delivery. Then, when the girl’s arm became caught behind her mother’s pelvic bone, the doctor pulled down on the girl’s head. This resulted in ripping and rupturing in the nerves of the girl’s left shoulder. This injury is known as shoulder dystocia.

If common practices were followed the doctor would have manipulated the mother’s legs or applied pressure to the pelvic area. It is well-known that applying pressure to the infant’s head is unnecessary and risks injuries just like the one that resulted. As a result of the error the girl has severe and likely permanent arm damage. It is unclear if therapy will be able to provide any functional use of the arm. Problems such as this usually delay the advancement of fine motor skills in developing children. This is, of course, on top of the social stigma that always faces children who are different.

In this case, the jury at the birth injury trial found that the medical professional was negligent. They awarded the family $1.8 million for medical bills, lost wages, pain and suffering, and other damages. A large part of the money will be used for extensive surgeries that the girl is expected to need to try to help restore some of the lost movement in her arm.

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Family Awarded $4.5 Million Following Birth Injury Lawsuit

Family Receives $1.5M Settlement for Birth Injury/Wrongful Death Lawsuit

Birth injury lawsuits are frequently under attack by those who routinely blame the civil justice system for virtually every ill that befalls the country. Like other medical malpractice lawsuits, those involving preventable birth injuries can be affected when states and localities pass so-called “tort reform” measure. Damage caps are probably the most well-known tort reform measure. These caps would impose arbitrarily limits on what a plaintiff in one of these cases could recover—regardless of what the impartial jury found was appropriate after hearing all the evidence in the case.

Beyond damage caps, there are many other potential “tort reform” efforts which have been suggested, all in an effort to make it harder for medical malpractice victims to recover for their losses. For example, our Chicago birth injury lawyers read an interesting story this weekend in the Seattle PI that explained how one tort reform measure has worked to make it impossible for some victims of preventable birth injuries from getting their day in court.

The article shared the story a mother who lost her young son after her medical caregivers failed act appropriately during his birth. The mother in this case knew that she was a high-risk pregnancy, because she had a previous miscarriage. However, to help, she made special arrangements with high-risk pregnancy experts from Yale University. Yet, for reasons that are still unclear, the caregivers at the hospital where she gave birth failed to follow the explicit instructions provided to them by the Yale team that had been providing her treatment. They even hid from the mother the fact that the Yale doctors had suggested an alternative course of treatment. As a result of their egregious conduct, the child was born with an E. coli infection. He ultimately died from blood trouble less than two months after his birth.

Like any family would in that situation, the mother sought to hold the involved caregivers accountable for their conduct. But, the family has not been able to do so. That is because of a unique law that has been very strictly interpreted in the state requiring an expensive “doctor opinion letter” before a case like this can proceed. For one thing, these letters can cost thousands of dollars, making it prohibitive for many low-income families who do not have an attorney who will cover those costs. But, beyond the cost, these letters are also used by defendants to push legitimate claims out of court. That is because the law has been interpreted to require an opinion letter from a very small group of doctors who have the resume with the same background as the defendant. Judges have required the background of the doctor in the letters to be identical to that of the defendant (an often impossible task). The functional effect of this law is that many victims with legitimate claims are simply not able to file suit. It is an egregious abuse of power.

Fortunately, lawmakers on both sides of the aisle in this state have reported concern about this law. Many are in the process of trying to revert to the older system which actually provided fair access to the court system. Hopefully these measures succeed.

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It Remains Difficult For Some Victims to Receive Compensation For Their Harm

Respected National Think Tank Criticizes Damage Caps

A new birth injury lawsuit reported in the Tennessean makes damaging allegations against a team of medical professionals involved in the birth of a young boy. It is a unique set of claims that our Chicago birth injury lawyers have rarely seen before. The medical malpractice lawsuit was filed by the mother of the child who is now a toddler. The suit essential claims that the medical team left the boy for dead after his birth, only realizing hours later that the child was still alive.

Per claims in the lawsuit the young victim was born in mid-June of 2009, but the youngster had challenge from the beginning. The boy was born with an irregular heart rate and was born with abnormal gasping breaths. Upon his birth a nurse noted that the child “made a small cry at delivery and had movement of arms and legs.” In other words, the child’s condition was damaging, but there were clear signs that it was fighting for its life. However, the boy’s mother claims that the doctor who led the team which delivered the child decided unilaterally—without any guidance from others involved in the birthing process—that the child was not going to be able to survive. As a result of that decision, the medical team essentially stopped providing emergency care for the newborn.

The birth injury lawsuit claims that the medical team placed the baby in a plastic bin and left the body on the counter—waiting for the family to decide what they would like to do with the body. However, nearly four hours later a nurse who passed the area took a look at the child and noticed that the baby was still gasping for breath. The nurse took action, called in emergency personnel, and the child received resuscitation therapy. The child was transferred to a different hospital where his condition stabilized. He remained at the facility for three months while receiving specialized care. Amazingly the child survived and is now living with his family.

However, the four hour delay in receiving any medical care was not without consequence. The boy suffered a debilitating brain injury (among other problems) caused by, according to the complaint in the suit, the doctors failure to provide “timely and appropriate diagnosis, intervention, treatment, and care.” The medical malpractice attorney involved in the case noted that if normal procedures and reasonable care had been provided to the young child then a pediatrician should have been called in immediately to resuscitate the child and he should have been sent to the neonatal intensive care unit. None of those steps were taken, however.

If the allegations in this latest lawsuit are true, then this case represents an egregious lack of care provided by a medical professional, leading to significant consequences for the child victim. When it comes to saving the life of newborns and to preventing permanent and life-altering injuries, time is of the essence. Even minutes of delay in proper treatment can mean the difference between a normal life and one marred by brain injuries or physical disabilities. A delay of four hours would undoubtedly have severe consequences. Additionally, it remains shocking to learn that medical care providers would be unable to determine whether or not a child has the chance to survive or to at least performing all possible medical maneuvers to give the child the best chance possible.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Each Chicago birth injury lawyer at our firm works with families who have not received proper medical care when delivering their child, leading to injury to either the new baby or the mother. These cases are essentially a form a medical malpractice, where hospitals, doctors, and nurses have failed to act reasonably leading to the harm. However, in rare cases there are some birth injury lawsuits that are of a different mold. These situations essentially involve anything where a mother was not treated properly when giving birth to their child.

For example, the Colorado Independent reported this weekend on a unique birth injury lawsuit out of Arizona that has garnered national media attention. The case involves the alleged mistreatment of a pregnant inmate by a high-profile county sheriff. The sheriff has made national news for his efforts to curb illegal immigration in Arizona. Many hard line tactics have been used by his office in an alleged effort to crack down on undocumented individuals in his community. However, the efforts have come under intense scrutiny by many both in Arizona and around the country.

Now a woman is claiming that she was mistreated during her pregnancy while at the state’s immigration detention center. The plaintiff is an undocumented woman who was at the detention center for a short time during her pregnancy in 2009. The lawsuit names the sheriff, his office, the involved medical center, and various doctors and nurses who provided her care.

The trouble began when the woman was arrested for identify theft and held without bond. According to the police report in her arrest, the woman apparently used someone else’s name, social security number, and date of birth to obtain employment at a department store. She was actually at work vacuuming the floor when authorities arrested her.

At the time of her arrest the woman was six months pregnant. Her condition was somewhat complicated because she had developed gestational diabetes and had high blood pressure. She spent the next two months in the detention center. Just before Christmas, a few days before her sentencing hearing, the woman began to have contractions. She thought was going into labor. The detention center personnel responded by shackling her at the ankles and taking her to a local medical center. The medical team told her that she was not in labor, and so she was returned to the jail.

The woman began having intense pains as soon as she was brought back to the facility. The pain increased the following day, and she pleaded with guards for help. The woman only spoke Spanish, and the guards ignored her pleas. She eventually asked an English speaking person in the room to tell the guards that she needed help. Ultimately, she was shackled again and then taken to the same medical center where she gave birth. One correctional officer insisted that the woman be shackled to the hospital bed while giving birth—leading to increased pain during the labor.

The subsequent lawsuit that was filed alleges that the woman was mistreated during the process. It also claims that she was not properly cared for after the birth. The woman was allegedly discharged from the facility in a fragile state.

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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

We have recently posted a series of stories on a mother who died after a C-section for twins. The birth injury was caused by excessive bleeding following the surgery that could not be stopped by medical professionals in a timely fashion. The tragedy was a reminder of both the risks of all surgical births and the fact that mothers are often just as susceptible as their children of suffering harm when childbirths go awry.

Hampton Roads News posted a story this weekend that acts as yet another reminder of the risks to mothers in these situations. The story shared information about a verdict in a birth injury lawsuit filed on behalf of a woman who suffered severe brain damage after having a C-section. The accident occurred in early 2005 when the woman was admitted to the hospital. As in the case of the woman who died after her twins were born, high blood pressure was also an issue in this case. The woman here actually had a history of pregnancy-induced high blood pressure. Because of that prior history of problems, the nurses charged with her care were ordered to provide close monitoring of the blood pressure, particularly after the delivery.

Unfortunately the woman experienced a wide range of problems after the surgery. Her blood pressure and heart rate become erratic. Her partner was by her bedside at the time, and he immediately called for help when he noticed that she was having problems. He explained that nurses were very slow in responding. When they finally did respond the nurse failed to notice that she had erratic monitor readings. No emergency steps were taken, and the nurse left.

Less than two hours later an alarm sounded on the victim’s monitor. Her blood pressure had plummeted to critical levels, causing her to fall into shock. Less than an hour after that alarm the woman was rushed into surgery. By that time she had lost roughly half of her blood. The blood loss led to a severe and permanent brain injury. During the childbirth injury lawsuit that followed the family argued that hospital records clearly identified that the woman’s nurses did not check her surgical incisions for over six hours. That is how she was able to lose so much blood without notice. By the time she was lifted out of the bed to head to the emergency surgery her sheets were soaked in blood. The trial actually occurred in 2009, where a U.S. District Court judge awarded the woman $900,000. However, the verdict was appealed and it wasn’t until very recently that the original verdict was upheld.

It seems that the doctor involved in this botched delivery had done the same thing in the past. The doctor had a previous series of malpractice claims filed against him over a six year period. The state’s Board of Medicine explained that the man eventually had to surrender his license for his previous errors. The case is yet another reminder that at times, instances of malpractice seems to bunch up with certain doctors making the same errors again and again.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

City Biz List reported last week on the conclusion of a new birth injury lawsuit that was filed on behalf of a child who was severely injured following mistakes being made during the child’s birth. The suit was first initiated two years ago by a family of the injured child against the negligent midwife involved in the suit. The lawsuit alleged that the defendant-midwife was negligent in failing to deliver the child in a timely fashion. The family argued that the child could and should have been born hours before his actual birth. Doing so would likely have prevented the harm that ultimately developed.

Specifically, the family of the victim explained that the delay in delivering the child led to oxygen and blood flow problems. As so often happens in these situations, the prolonged lack of oxygen and blood flow to the brain of the child led to permanent brain damage which will have permanent consequences on the child that otherwise would have lived a normal life. Our Chicago birth injury lawyers have worked on many cases just like this one where a child suffers profound lifelong impairment because of failure on the part of caregivers to respond in a timely fashion.

It was explained during this birth injury trial that babies have something known as “fetal reserves” which are essentially resources which allow them to undergo often turbulent problems during birth. However, they cannot withstand every problem. Those delivering a child must be sure to monitor the fetal heart rate. When the monitor shows irregularities, it is vital for the care giver to take action in a timely fashion to ensure the irregular condition does not persist indefinitely. Often that means forcing a child to be born immediately. However, in this case, it seems that the midwife did not respond appropriately to the problems.

The consequences, as so often happens in these cases, are severe. The baby was born with severe mental deficiencies due to damage to the frontal lobe of his brain. No matter who is delivering a child, whether a doctor or midwife, there are legal obligations that the individual act reasonably. That means that the professional must act in a timely manner when problems are identified to ensure that the child is given the best chance at being born without injury. There is no excuse for ignoring or failing to respond to warning signs. Failure to do so gives rise to a birth injury lawsuit.

In this case, the jury ultimately awarded the victim $4 million due to the error. The funds will go to pay for the around-the-clock care that the child will need for the rest of his life. The trial in this case lasted four weeks and involved testimony from a wide range of involved parties, including several expert witnesses. Those witnesses explained how the specific injuries suffered by this child were caused by a brain injury developed during birth and not alternative causes. The need to connect the actual birth injury to the ultimate harm faced by the victim is a constant issue in all of these cases.

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Yesterday our birth injury attorneys discussed the claims of some medical professionals that Cesarean section birth were far too frequent than necessary. We explained, however, that one of the main forms of negligence on the parts of doctors involved in complex deliveries was their failure to perform a C-section. As we noted, both points needed to be balanced. Doctors could likely take a more reasonable approach to advising patients on C-sections when they were not essential. The increased complications caused by the surgical procedure should not be ignored. Yet, when real complications developed in birth that demanded emergency actions, doctors cannot unnecessarily delay in performing a C-section.

Even though, as explained yesterday, C-section deliveries are at an all-time high, there remain many births that occur where the baby is in distress and a C-section is not performed in as timely a manner as necessary resulting in a severe birth injury. That appears to be what one family is claiming happened to their daughter according to a report in The Daily Citizen. The story explains that a mother has filed a birth injury lawsuit claiming that her now one-and-a-half year old daughter suffered a bowel injury because of her doctor’s failure to perform a timely C-section.

According to documents filed with the suit, the mother claims that her daughter developed an obstructed and enlarged bowels while she was in utero. Doctors were aware of the problem, and well before the delivery they had concerns about the safety of a vaginal delivery. Yet, even though doctors had previously warned against a vaginal delivery, when the women went into labor, the medical team arranged for her to deliver without a C-section. This was apparently against the express order of her doctor.

The vaginal birth led to a variety of problems, claim the family, whereby the young child eventually had to undergo surgery. The child ultimately lost part of her intestines and she remains on a feeding pump to this day—a year and a half after her birth. The problems will apparently last her entire life. The family filed the suit this week claiming that the professionals involved, had they acted as other reasonable doctors would have, could have prevented the harm. Of course, negative outcomes in a birth do not automatically signify that the civil law standards were violated. Instead, it will be important for specific information about the case to be investigated and brought to light. The medical professionals conduct can then be compared to a reasonable standard and a jury can decide whether attaching liability is appropriate.

Our Chicago birth injury lawyers have worked with families in similar situations. There are often real concerns that doctors should have performed a C-Section birth when they knew that problems would develop from vaginal births. This case suggests even greater problems, because there are claims that a C-section was actually ordered ahead of time but ignored. Beyond a mere competence issue that bespeaks of a serious communication breakdown between medical staff members. While less common, problems relaying information between groups of doctors are very serious issues that, as shown here, have real consequences.

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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The Vancouver Sun reported this weekend on a birth injury lawsuit filed by the parents of a child who died at the age of five months. The couple’s saga began two years ago, when their young son was born after 40 agonizing hours of labor. The child’s umbilical cord was wrapped around his neck at birth, ultimately causing him to suffer a permanent, severe brain injury. The injury was debilitating, and it led to his passing only five months later.

According to statements made in court documents, the mother had a healthy and uncomplicated pregnancy. The birth problems and resultant injury were caused, claim the plaintiffs, by a string of negligent actions on the part of the medical professionals involved in the delivery. Specifically, the couple claims that the doctors and nurses failed to properly monitor the baby’s condition during delivery and were inadequate prepared for an emergency delivery. For example, the couple claims in the birth injury lawsuit documents that the nurses did not let the doctors know in a timely fashion about problems noticed with the child’s heartbeat.

This tragic birth injury story also led to an area professor’s calling for an inquest. The nursing professor explained that government officials should look into the incident at the hospital, based concerns that the medical facility did not follow proper procedure. It remains to be seen whether the academic’s call for further investigation will be heeded or what affect that might have on the lawsuit in question.

As is common in these cases, the suit names a variety of defendants, including the hospital, doctors, nurses, and several other oversight bodies. Potential liability in all cases in based upon unique rules of lawsuit exposure. Vicarious liability, joint and severable liability, agency rules, and similar principles must be considered when determining who should be joined in a lawsuit. Of course, most victims are aware of the specific individuals who fail to provide them proper care. But the law also holds those who employ those individuals accountable for their work-related actions in most cases. Further, in many hospitals today, there are unique employment relationships which must be taken into consideration. Doctors are often not employed directly by the hospital, though their connection to the hospital is often so intertwined that they are considered agents of the medical center for liability purposes. After hearing details about your situation and investigating the matter, a legal professional will be able to explain who may be held liable for a birthing error if a lawsuit is filed.

Our Chicago birth injury lawyer knows that many things can go wrong during a delivery. At times those complications are completely unavoidable. However, there are other times where the medical professionals involved fail to take actions that they should have which may have saved a child’s life or prevented injury. It is often hard for the involved families to understand the difference between these two situations. Often it is only through focused investigation, depositions, and inquiries following the filing of a lawsuit, that certain details about care provided are uncovered.

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Our Illinois birth injury attorneys recently read about a lawsuit in which the family of a baby that was born with birth injuries sued the doctor that was responsible for the delivery, for causing the injuries to be much more severe than they would have been had he not acted negligently. The negligence lawsuit alleges that the baby suffered permanent arm and shoulder nerve damage after the doctor did not act as quickly as he should have when the baby’s arm got stuck against his mother’s bone during delivery. The stuck shoulder should have led the doctor to perform immediate emergency surgery to help relieve the arm of the pressure, and the lack of the surgery led to the baby suffering from a severe and permanent injury.

The birth injury occurred back in 1989, and the now much older boy still has a weakened arm due to the damage at birth, and there is very extensive nerve damage to his whole arm. According to Justice News Flash, the lawsuit points out that the doctor that was responsible for the birth injury admitted himself to a drug rehabilitation center just days after the birth of the baby boy. The family believes that the doctor may have been under the influence of drugs and that his judgment was impaired at a point in time where he needed to make an emergency decision that he failed to make.

The birth injury and negligence lawsuit that was filed by the family of the victim likely seeks damages not only for medical bills and costs associated with the injury and physical therapy for the injury, but also for damages to help with the pain and suffering that the boy and his family have had to deal with as a result of the doctor’s negligence. The birth injury lawsuit was filed against the negligent doctor about four years ago but now the doctor cannot be found. He has lost his medical license and even his own attorney does not know where he is located. This is obviously very frustrating for the family, and the young man who suffered the birth injuries, because with they are not able to achieve the justice that they deserve or to receive any compensation that they are owed with the doctor missing. The attorney for the doctor is trying to have the case dismissed because the doctor is unable to be located but the family has asked the court for an extension in hopes that they doctor will be located and the case can continue on and they can receive damages for the birth injury.

If you or a loved one suffered birth injuries that were the result of a doctor, nurse, or other medical professional’s negligence and you feel that you are entitled to monetary compensation for this negligence, please contact our Illinois personal injury lawyers immediately to talk about your case. Our personal injury firm has helped recover millions of dollars for clients all over Illinois and we are here to talk to you about what has happened to you and you family.

Our Chicago birth injury attorneys learned that the lawsuit in which the family of a baby born with severe birth defects, including multiple limbs missing, that sued the doctors for failing to recognize the injuries to the baby while he was in the womb, resulted in a verdict of $4.5 million dollars for the family of the young boy. According to The News Factory, this lawsuit resulted from what has been coined a “wrongful birth” after the doctors that were responsible for monitoring the baby while the mother was pregnant failed to notice the serious problems with the baby while he was in the womb.

While typically birth injury lawsuits involve negligence on the part of the doctor, nurse, or other hospital staff during the delivery process itself, a case such as this one shows that negligence on the part of the doctor or nurses at any point of the pregnancy process can result in a lawsuit on behalf of the injured baby and the baby’s family. In this case, the boy’s injuries were present while in the womb but the doctors and nurses failed to notice, or at least failed to tell the parents, about any problem or birth defects at any time prior to birth. The family did not realize that there was anything wrong with the baby until he was born, at which time the birth defects were obvious because the baby was missing both of his arms and one of his legs. The family alleged that it was negligent of the doctors and nurses to either fail to realize that there was a problem during the pregnancy, or if they did realize that there were problems that they were negligent in failing to inform the parents of what to expect.

The birth injury lawsuit that was filed by the parents of the young boy sought $9 million dollars in damages, to help cover his medical expenses and other bills as well as to help compensate the young boy and his family for the pain and suffering and the difficulties that the young boy will face as he gets older. The negligence lawsuit resulted in a finding of $4.5 million dollars for the young boy and his family, finding that due to the negligence on the part of the doctor the family was not aware of the boy’s problems until it was too late for them to make a decision as to what to do.

Our Illinois birth injury attorneys have helped clients out all over Illinois with their birth injury lawsuits and have recovered millions of dollars for the victims and their families. While most birth injury lawsuits result from the negligence on the part of the doctor during the actual birthing process, some cases do result from negligence during either the pregnancy or at a point shortly after the birth of the baby. Our Chicago personal injury attorneys are here to hear your family’s story and to talk to you about what next steps are available to you and your loved ones.

Our birth injury lawyers read about a verdict in a recent birth injury lawsuit that awarded the family of the victim of the permanent and severe personal injuries over $58 million dollars. The birth injury lawsuit was filed against the obstetrician that delivered the family’s baby eight years ago, after the baby was born with severe brain injuries while under the doctor’s care. The brain injuries that the baby suffered from during childbirth were the result of the doctor negligently taking too long to get the baby out during birth even after the point where the baby was showing signs of distress during delivery. As a result of the baby’s severe injuries that he suffered at birth, his brain injury left him unable to eat on his own, walk on his own, or talk at all.

In this birth injury case the baby likely suffered these severe birth injuries as a result of oxygen deprivation during delivery. Doctors and nurses must constantly monitor the mother and baby closely to make sure that the baby is not in distress in the womb, and that the baby’s vital signs are what they should be at all times and that the baby is receiving the appropriate amount of oxygen at all times. There are machines and equipment that should always be used by doctors, nurses and at all hospitals to make sure that the mother and the baby are constantly being monitored and to alert the doctor when there is a problem. If the baby is showing signs of trouble, the doctor usually will perform an emergency caesarian because that allows the doctor to get the baby out much more quickly than with a vaginal birth. When a doctor fails to take emergency measures after the baby shows clear signs of fetal distress, the doctor’s negligence adds to the chances that the baby will suffer permanent damage or even die during the birthing process. In this birth injury trial, the jury determined that the doctor’s negligence in failing to deliver the baby more quickly was a definite cause of the baby’s severe and permanent injuries. According to The Digital Journal, the jury awarded the family of the victim with the multimillion dollar settlement to help the family with all of the past medical bills they have had to pay in connection with the birth-related injuries, for all the future medical care that the child will require for his entire life, for all of the equipment necessary for the young boy to live as normal of a life as possible, and also money to try and compensate the family of the brain injured child for the pain and suffering that the victim and the family have all suffered as a result of the doctor’s medical malpractice.

If you or a loved one had a baby and the baby suffered birth injuries as a result of medical malpractice or negligence on the part of a doctor, nurse, or other medical professional, a birth injury lawsuit may be available to be filed against the party responsible. Our Chicago personal injury attorneys have helped clients all over Illinois recover damages for the personal injuries that they have suffered at the hands of another. Please call our Illinois personal injury law firm today to tell us about what has happened to you or your loved one and to discuss what options may be available.

Our Chicago birth injury attorneys recently learned about a birth injury lawsuit that resulted in a $30 million dollar settlement for the family of the victim of the birth injury. The birth injury lawsuit was against the hospital where the baby was delivered back in 1997. The lawsuit alleged that due to the negligence of the hospital the baby was born with severe brain and birth injuries that have led him to have permanent disabilities. When the baby’s mother went into labor she was given a drug that was to induce her contractions but then the doctors at the hospital failed to monitor both the mother and the baby. This led the baby to be without oxygen and by the time the doctor’s realized what was going on they had to perform an emergency cesarean section. According to Naples News, all of the time without oxygen severely injured the baby and led to permanent brain injuries in the baby and he was diagnosed as having developed cerebral palsy from his oxygen deprivation.

The baby that was injured back in 1997 at the hospital is now 14 years old. His cerebral palsy requires that for him to be able to communicate he needs certain equipment and tools, such as a special keyboard that he is able to tap out the letters of the words that he is trying to communicate to others. At one point he was able to go to school with other children his age, but due to budget cuts he lost his assistant that was there to help out in the classroom. Without his assistant in the classroom he is unable to keep up with the class, and in turn his mother now teaches him at home. This type of special care can be very expensive and is necessary for the young boy to use in order to communicate and keep up with other children his age educationally. Because of these expenses, the family of the birth injured boy has a great deal of expenses that are connected with the permanent brain injuries to the young boy. The boy lives with his mother whom is a single mother raising him on her own as well as home schooling him.

The birth injury lawsuit was originally decided back in 2007, where the boy and his parents (now divorced) were awarded $30 million dollars. The defendant hospital then appealed the decision and the appellate court upheld the decision in 2009. The family has since filed a claims bill against the hospital asking the state legislature to approve the payment of the damages that are due to the victim’s family. The reason that this amount has to be requested for payment is because the hospital is publicly run and there is a cap on the damages that a public entities can be required to pay, and while a jury is allowed to award a higher amount to the plaintiff, the damages must be approved before the defendant is required to pay the damages in full to the plaintiff. At this point the legislature has not yet approved the payment, but it is still pending and the family hopes that it will be approved soon in order to help them out with all of their costs associated with the hospital’s negligence that led to their son’s permanent brain injuries.

Our Illinois birth injury attorneys just learned about a settlement in a wrongful death/birth injury lawsuit in which the family of a baby that died shortly after birth was awarded $1.5 million dollars for the hospital and doctor’s negligence in not giving the baby the proper attention and care that it needed when it was born. The baby was born about two and a half years ago, and suffered serious trauma at birth. The wrongful death lawsuit alleges that because of the doctors and nurses acting negligently, in failing to recognize the severity of the baby’s injuries at the time of the baby’s birth, the baby was treated too late and died several days later as a result of the birth injuries sustained while at the hospital. The birth injury initially occurred because the doctor that was delivering the baby used a vacuum suction to help and get the baby’s head out during delivery, and the suction led to brain bleeding in the baby. The serious birth problem was not handled immediately following the baby’s birth injury and the doctors and nurses were negligent in failing to recognize the symptoms and the signs that the baby was in serious distress until about twelve hours after the baby was delivered. By this time the baby suffered serious, and what resulted in, fatal injuries. The baby was not taken to the appropriate hospital that it needed to go for treatment and surgery until the day after it was born, and according to the birth injury lawsuit, this delay is what caused the baby to die from the injuries.

The wrongful death lawsuit named multiple defendants when it was originally filed back in the summer of 2009, but at the time the settlement was reached, the doctor that delivered the baby and the hospital where the baby was born were the only defendants remaining as parties to the personal injury lawsuit. According to The York Daily Record, the settlement was just recently reached and the $1.5 million dollar settlement will go to the parents of the victim and to their attorneys. This recovery amount is not only intended for the baby’s medical bills connected with the birth and the failed surgery that followed to try to help the baby, but also to try and help the family of the victim receive some form of compensation for all the terrible loss and pain and suffering that they have been through as a result of the negligence on the part of the defendants.

If you or a loved one gave birth to a baby, and the hospital, the nurses, or the doctors, acted in a manner that was negligent given the level of care that all hospital staff owe to their patients, and your baby was injured as a result of these negligent actions, please contact our Illinois personal injury law firm today. Our Chicago birth injury attorneys have worked with clients all over the state of Illinois and have recovered monetary damages for these clients to help them out in some way with all that they have suffered through as the result of another person's negligence during the birthing process, and our birth injury attorneys are here to talk to you and hear your story and discuss what options are available to you and your loved ones.

Our birth injury attorneys were interested in a current lawsuit in which a former inmate is suing the county jail she was incarcerated in, after she gave birth on the floor of the jail close to fourteen years ago. The birth injury lawsuit is against the county where the jail in which the inmate was incarcerated is located. While the incident occurred many years ago, the case is just now going to trial. According to Seattle PI, the personal injury lawsuit alleges that the baby likely suffered neurological damage as a result of not receiving medical care immediately following the baby’s birth. The inmate was pregnant and claims that the jail staff ignored her when she told them that she was nine months pregnant and that she was having labor pains. After repetitively asking for help and no one responding to her pleas or taking her seriously, she gave birth to her baby in her jail cell all alone. The officers that were on duty claimed that when they saw her they did not believe that she was in imminent danger, and that is why they did not get her help when she was asking for it.

The jail staff claims that the inmate was not clear in informing them that she was pregnant, and that due to her erratic behavior and verbal abuse, they had no reason to believe her claims that she was pregnant. They also claim that they did not act negligently by not believing that she was pregnant and failing to get her help before the baby was born because they did not know she was pregnant and are not required to give pregnancy tests to their inmates. It was not until the staff heard the baby crying that they realized she was serious about the pregnancy and proceeded to go and get help for the mother and baby. The jail staff also claims that the mother and baby suffered no injuries as result of the lack of care on the part of the jail.

However, the inmate claims that her baby was born with a heart defect and that the fact that the baby had no immediate care led to a more severe birth injury. The lawsuit is against the jail staff and the county for their negligence in not giving the inmate the appropriate care necessary and the baby’s injuries are not actually part of this particular lawsuit. The inmate seeks damages for the pain and suffering from being alone in her isolation cell and having to go through the birthing process all by herself.

Our birth injury attorneys feel bad for the mother having to give birth all alone, and for the baby that may have suffered more serious birth injuries that would have occurred had the baby received the proper medical care that it should have received during labor and delivery. If you or a loved one feel that a doctor, nurse or someone else in charge acted negligently while you were giving birth and that the baby suffered physical damages as a result of this negligence, please do not hesitate to contact our personal injury law firm to discuss your options. Our Illinois birth injury attorneys have helped out families all over Illinois with their personal injury and birth injury claims and are here to help you.

Our Chicago birth injury attorneys recently read about a Gurnee birth injury lawsuit in which the family of the baby received $29 million dollars after the verdict was in found in their favor. The lawsuit was against the doctors and nurses that were in charge of taking care of the baby after birth and the lawsuit dealt with their negligence that led to their baby’s permanent brain injury following his birth. The Illinois birth injury lawsuit alleged that the baby, who was born eight years ago, suffered severe brain damage because the doctors and nurse at the health center where he was born failed to take proper care when he was born with a common blood infection.

The birth injury lawsuit was filed years ago and the family of the young boy won the suit last year, but it was appealed to the United States Court of Appeals, and just recently affirmed, meaning that the appellate court agreed with the original trial court. The appellate court agreed that the evidence presented showed that the doctors and nurses acted negligently in not treating the newborn baby’s infection for 12 hours after he was born with clear signs of a infection that was clearly getting worse over time.

The lawsuit against the doctors and nurses that were caring for the baby at the time of delivery and shortly after the baby was born, were accused of acting negligently in respect to their treatment of the baby shortly after birth. According to The Chicago Sun Times, when the baby was born he had a blood infection that is common during pregnancy and at birth, and can be treatable if handled appropriately. However, as the lawsuit alleges and the court agreed with, the doctors and nurses did not do anything for the baby for nearly 12 hours after birth. At that point the infection had advanced to a point where the baby suffered from severe injury, including a diagnosis of cerebral palsy and of spastic quadriplegia that are permanent and will require care throughout his whole lifetime.

The family of the baby did not realize immediately that the baby’s permanent brain injuries were caused by the doctor’s negligence, and did not realize that his injuries would likely not have been permanent had the staff acted as they should have when the infection presented itself. The family only realized that the staff had acted negligently when their second son was born with the same infection and was treated with medicine immediately after birth and recovered completely. This made the family realize that something must have been done wrong with their first baby and that the hospital staff had not handled the baby with the appropriate level of care that he needed.

If you or your loved one believes that a doctor or nurse acted negligently in treating your baby during birth, or shortly after birth, and your baby suffered injuries as a result, contact our personal injury law firm today. Our Illinois birth injury attorneys have helped clients all over the state of Illinois with birth injury lawsuits and are here to talk to you about what has happened and what options are available.

Our Chicago birth injury attorneys recently read about a case in which a Florida family has filed a lawsuit against the obstetrician that delivered their son three years ago. The medical malpractice lawsuit is against the doctor because the young boy was born with only one leg and with very short arms, and the doctor did not catch these birth defects during the pregnancy. The family alleges that the doctor and the hospital staff acted negligently in not informing the family of these problems after they conducted several ultrasounds during the mother’s pregnancy. The parents of the boy claim that had they known of the birth defects at a time when terminating the pregnancy was still an option, they may have chosen this option because the family feels that the boy will have a lifetime of hardship because of his birth injuries and that he will suffer a great deal throughout his life.

According to the Palm Beach Post, the lawsuit alleges that the hospital and the doctors and staff that viewed the ultrasounds somehow missed the birth defects and that it was negligent of the staff for no one to notice the problems at any point during the pregnancy. Since the couple was not told of the birth defects they were not aware that there were any abnormalities with the pregnancy until their son was born. While the young boy is a happy toddler, his parents worry about the trouble he may experience as he gets older. The lawsuit seeks over $9 million dollars in damages, as that is the expected cost of the care for the young boy throughout his life for his medical bills, medical equipment and medical services. The family is also seeking additional money damages as compensation for the pain and suffering the family has experienced as a result of the doctor’s negligence in failing to identify a problem with the pregnancy.

This family and many others have filed medical malpractice or birth injury lawsuits against the doctor or hospital that is responsible or contributed to an injury to their child. These lawsuits aim to seek some compensation for what the negligence on the part of the doctor or hospital has caused the family of the victim to suffer through, and to try to help them out with the expensive costs of medical bills associated with the injury. While these lawsuits will not make up for the negligent actions by the doctor or hospital, they are a way to try to make the family have some type of recovery for the terrible experience.

Our Illinois personal injury lawyers have helped clients all over Illinois with their medical malpractice and birth injury lawsuits, and have recovered millions of dollars for these clients that have suffered as a result of someone else’s negligence. If you or a loved one suffered an injury at the hands of a negligent doctor, or due to the negligence of a hospital, please contact out Illinois personal injury attorneys today. We are here to hear your story and to help you determine what the next step is in receiving compensation for your personal injury.

Our Chicago birth injury attorneys were happy to hear that the family of a baby who suffered a birth injury has been awarded $58 million dollars in a birth injury lawsuit. The lawsuit was initially filed following the birth of the family’s only child, who was born back in early 2003 and suffered from cerebral palsy from what they allege to have been the doctor’s negligent choices in handling the pregnancy and the baby’s delivery.

The negligence initially occurred when the baby’s mother went in for her routine check up during her 39th week of pregnancy and the doctor realized that her amniotic fluid was half of what it should have been in a healthy pregnancy. The doctor did not induce labor and instead the mother went into labor on her own a couple days later and the baby was stuck in the breech position and had barely any signs of life once the doctor was finally able to deliver the baby. According to the Connecticut Law Tribune, the family’s birth injury attorneys argued to the jury that the doctor realizing the amniotic fluid levels were low and not choosing to induce labor immediately was his main error, and that in choosing not to do anything he acted extremely negligently. An expert at trial stated that the very low levels of amniotic fluid clearly indicated that the baby was in trouble and that the doctor should have acted immediately and not let the mother go into labor on her own.

Because the baby was not delivered when the problem was discovered and because the baby was breech and took several minutes to be delivered, the baby was barely breathing and developed cerebral palsy. Luckily the baby survived this ordeal but requires a lot of medical attention and treatment and will continue to require this level of care throughout his life. In terms of a diagnosis, cerebral palsy can cover many different types of brain injuries which may be caused by something going wrong during birth, and in this case likely happened because the baby was without oxygen for several minutes during the delivery. Since it is likely that the doctor not acting when he first realized that there was a problem with the baby caused the injury to be so severe and a permanent, the family filed the lawsuit against him. The case first went to trial three years ago and the jury could not agree on what the verdict should be, but after the retrial the jury decided to award the family $58 million dollars for all they have suffered through as a result of the doctor’s negligence. The amount of the verdict was intended to try to compensate the family not only for the medical costs associated with the birth injury, but also for all the emotional damage they have suffered.

If you or a loved one gave birth to a baby and feel that the doctor that delivered the baby acted negligently and their actions resulted in an injury to the baby, please call our personal injury law firm today. Our birth injury attorneys have helped clients all over the state of Illinois recover damages for the negligent actions of another, and are here to help you or your loved one get the justice that you deserve.

Our Chicago birth injury attorneys recently read about an injury lawsuit that was filed by an Illinois family in which the family alleges that the health problems that their twin babies were born with were a result of the mother being prescribed Depakote during pregnancy. This is a common drug given to patients to try to reduce the frequency of epileptic seizures, but has been linked to spina bifida birth defects when taken by pregnant patients. Spina bifida is a birth defect in which the baby's spinal cord is not fully formed and stays open and fused. Babies born with this type of birth injury often face a lifetime of disability and suffer through a lot pain throughout their life as a result of this birth injury.

The injury lawsuit was filed on behalf of both of the couple's twin daughters, since both babies were born with spina bifida allegedly caused by the taking of Depakote. The family filed the lawsuit naming the drug manufacturer as defendant for failure to warn the doctors or the patients of the dangers of taking the medication during pregnancy. The mother of the twin girls says that she would not have chosen to take the anti-seizure medication if she had known what the risks to her babies would have been and because there was no warning associated with the drug, she did take the medication and the twin girls suffered birth injuries as a result.

According to About Lawsuits, not only spina bifida has been linked to Depakote as a possible birth injury, but babies have also been born with other birth defects after the mother took this drug such as cleft palates, problems with skull development, problems with limb development, holes in the heart, urinary tract infections, and cognitive impairments. While spina bifida is often times most commonly with this drug, these other birth injuries have been linked to Depakote as well.

The manufacturers of Depakote have faced many injury lawsuits in recent years, and the FDA added a warning in 2006 that as many as 20% of women who were taking the drug while pregnant gave birth to a baby that had either spina bifida or the other birth defects that have been associated with Depakote. More recently researchers have discovered that Depakote can do serious damage early on in the pregnancy and that the first 28 days of the pregnancy are likely when the drug is most dangerous to the baby. Often times a woman may not know they are pregnant early on and because of this severe damage is often already done to the baby before the mother is able to stop using the drug. As a result of this problem, doctors need to be very cautious about prescribing Depakote to women who are trying to become or are in a position to become pregnant.

If you or a loved one gave birth to a baby with birth defects and was prescribed Depakote during your pregnancy without any warnings of the possible dangers to the baby, please contact our Illinois personal injury lawyers today to talk to a birth injury attorney about what the birth injury that has occurred and what options may be available to you or your family.

Our Illinois birth injury attorneys found it interesting that a Florida court decided to allow the family of a baby injured during childbirth to sue the doctor and the hospital personally, since the state has a statewide fund set up to compensate families for birth related injuries instead of allowing the injured party to sue the doctors and hospital. According to the American Medical Association, the baby was born nearly ten years ago after the mother was in a car accident, and the baby had no oxygen when it was first born but responded positively to resuscitation. The newborn suffered respiratory distress shortly after birth and was sent to an area of the hospital where she was to receive special care. However, while in this special care area, the baby suffered more health problems and at that point experienced a hemorrhage and actually stopped breathing again. During this time the baby girl suffered both permanent and severe brain injuries. The family believed the hospital staff were responsible, but because of the program implemented by the state, the family was not able to sue the doctor or the hospital individually until very recently.

The reason that the family was unable to sue the doctor and hospital initially is because the state has a statute that requires that any birth injury involving oxygen deprivation during the birthing process be compensated through a fund set up through the state for these types of injuries specifically. This means that the doctors and hospitals are protected and that the families of the injured babies cannot sue them personally for injuries that are caused by a lack of oxygen during child birth. This is not something that has been adopted by all states and in Illinois the family of a newborn who is injured during childbirth may sue the doctor responsible and the hospital responsible for the injury to the newborn. This is an example of how different states may handle personal injury lawsuits and the type of compensation available to the victims of certain types of personal injuries. The reason that this statute was created in this particular state was to try to help with a growing medical liability problem in the state and to try to make the medical world more stable. However, many victims are upset by this law because it often shields the person actually responsible for the injury from any type of liability.

The court in this lawsuit found that the family was able to sue the doctor and the hospital because the injury did not occur during the actual birthing process but rather in the days following the birth. Given the timing of the injury, the court held that the statute was intended to apply to birth related oxygen deprivation injuries only and therefore was not to be used in this particular instance, because the injury to the baby that resulted in the brain damage occurred days after the birth.

Continue reading "Court Allows Family to Sue Doctor for Birth Injury" »

Our Illinois birth injury attorneys recently learned about a case where the parents of a baby that developed cerebral palsy as a result of the delivering doctor’s negligence sued the doctor and recovered over a million dollars in damages. According to a news release on Law Firm News Wire, the doctor failed to miss obvious signs that the baby was in distress and in turn failed to take the appropriate measures necessary to keep the baby from developing a serious birth injury. When the mother went in for a checkup the doctor noticed the baby had a low heart rate and suggested inducing labor. The doctor then chose not to deliver the baby by C-section, as was originally planned, and this is the point at which the baby lost oxygen and developed cerebral palsy as well as other injuries. The doctor claimed that she did not notice anything wrong with the baby and that is the reason she opted against the C-section. Evidence at trial showed that had the baby been delivered by a C-section that the baby may not have been born with cerebral palsy. The medical malpractice lawsuit was brought by the parents of the baby against the doctor responsible for the cerebral palsy birth injury, and the jury found for the parents and found that the doctor was in fact negligent in his care during the birth of the baby.

Cerebral palsy is a disorder that cause brain and nervous system functions to be impaired and can greatly affect a person’s ability to think, hear, learn, see and move. These types of injuries often occur while the baby is in the womb or within the first couple years of life, and unfortunately may occur during childbirth if the baby is not getting oxygen to their brain for too long a period of time. There is no cure for cerebral palsy but treatment is aimed to help the person with cerebral palsy have as independent of a life as possible, and may include physical therapy, special diets, communication tools, and surgeries where necessary.

Certain cases of cerebral palsy may occur within the womb and can usually be avoided by making sure that the mother and baby have the proper prenatal care, as infections in the mother can lead to cerebral palsy in the baby. All doctors that are treating pregnant mothers need to be very aware of the mother and baby’s health at all times during pregnancy to make sure that the baby does not end up with a disorder that could have been avoided. Also, cerebral palsy can occur, such as in this birth injury lawsuit, when the baby does not get enough oxygen during birth. A doctor helping with a birth needs to be carefully monitoring the baby at all times and make sure that if the baby is not getting oxygen that they are able to act fast to try to avoid complications. In cases such as this lawsuit, a doctor’s negligence in being unaware of the warning signs lead to an incurable birth injury and caused the family great distress.

Our Chicago personal injury attorneys have helped out families all over Illinois when their baby was injured during the birthing process by a doctor, nurse, or hospital staff member who acted negligently. If you or a loved one have experienced this type of hardship, please do not hesitate to call us today to discuss the options available to you and your family.

Our Chicago birth injury attorneys just read about a recent birth injury lawsuit that resulted in an award of $1.3 million dollars for a couple whose baby was injured during birth as a result of the baby’s shoulders getting stuck during the delivery process. The lawsuit alleged that the doctor that delivered the baby negligently failed to notice that the baby’s shoulders were stuck and the doctor then used too much force to get the baby out, which resulted in permanent shoulder injuries to the baby. According to About Lawsuits, at trial evidence was presented which showed that the baby, who is now almost five years old, has limited use of one of her arms as a result of the birth injury. The young girl also has to undergo physical therapy on a regular basis in order to make sure the shoulder injury does not get worse over time. The judgment included damages not only for the medical bills, but also for the young girl’s future lost earnings, the pain and suffering the family has experienced, and the loss of family consortium (which means the loss of the family relationship that would have be expected had it not been for the negligent acts of another person).

This type of injury is a common birth injury and is commonly referred to as a brachial plexus injury, shoulder dystocia or Erb’s palsy. The brachial plexus is a nerve bundle connecting a person’s spinal cord to their shoulder, arm, and hand. During child birth, when a baby’s shoulders are stuck in the wrong position, or against the mother’s pubic bone, the doctor needs to be very careful during delivery and very aware of what is happening with the baby at all times during the delivery so the doctor can adjust the position of the baby so as not to damage the nerves and permanently damage the baby’s shoulder functioning. If proper care is not taken and the doctor tries to pull too forcefully on the baby to get them out, the doctor may case severe damage to the baby’s brachial plexus nerves.

While physical therapy and occupational therapy can help with a brachial plexus injury, the best way to prevent these types of injuries is for a doctor to realize that the baby’s shoulder is stuck and try to adjust the baby’s position before the damage is done. According to the United Brachial Plexus Network, nearly all brachial plexus birth injuries are preventable as long as proper delivery techniques are used. Unfortunately, since doctors do not always take the proper precautions around 2-3 births out of every 1000 result in an injury to a baby’s brachial plexus nerves. Given that this many babies are injured in this manner during child birth and that it is such a preventable injury, it is crucial that all doctors helping out at birth are aware of this problem and are extremely careful during delivery.

If you or a loved one gave birth to a baby who suffered a brachial plexus injury during birth, and you believe that the doctor handling the birth failed to take the necessary precautions, please call our birth injury attorneys today. Our Chicago personal injury law firm has helped families all over Illinois receive the compensation that they deserve for what they have had to suffer through as a result of the birth doctor’s negligence that led to their baby suffering from a brachial plexus injury.

Our Chicago birth injury attorneys recently reard about a case in which a baby was still born and the mother filed a wrongful death lawsuit against the hospital, alleging that the hospital staff’s negligence contributed to the baby's death. According to Mercury News, an autopsy was done shortly after the baby passed away and the autopsy found that the baby died of an amniotic fluid infection, which alone does not automatically point to hospital staff negligence. However, shortly after the still birth the hospital fired multiple nurses and required several other nurses to undergo additional training suggesting that the hospital new that there had been at least some negligence on their part. Additionally, following the stillbirth the California Department of Health cited the hospital for failure to follow necessary procedures and stated in their report that the hospital staff’s actions did contribute to the baby dying.

Some of the findings of the Department of Health were that the only nurse present during the epidural was not trained to read the fetal heart monitor, that when the heart monitor was not detecting a heart rate the doctor was not notified immediately, and that no other measures were taken to detect a heart rate when the monitor was not finding one. This evidence suggests that had the hospital properly monitored the mother and baby that they would have seen that the baby was in distress because of the infection and hopefully been able to save the baby.

The hospital responded to these findings by the Department of Health by claiming that they would implement measures to make sure that this type of terrible incident does not happen again, but also blamed the nurses for failing to follow the rules the hospital already had in place. Many of the nurses involved in the firings claim that the hospital fired people that were not even involved in order to show the state that they were reacting to what had happened. While it is important that any hospital where something like this happens to make changes, it is crucial that the changes are ones that will actually make sure that this will never happen again and not just fire people to make it look like they are taking action.

Unfortunately, many birth injuries are the result of hospital staff negligence and failure to take the appropriate measures that are required during birth. These procedures are in place to hopefully help quickly detect and fix any problem that could come up during child birth before it becomes a dangerous problem. There is a growing concern that when hospitals become overcrowded that patients may not always receive the care and attention necessary by the hospital staff because of how busy they are. However, terrible incidents such as this serve as a reminder to how important taking the time and following procedure is with each and every patient.

If you or a loved one have given birth and feel that the hospital did not take the necessary and proper precautions to insure that the baby was delivered safely, please contact our birth injury attorneys right away. Our Chicago based law firm has helped out clients all over Illinois with their birth injury lawsuits, and we have helped them receive compensation for all they have suffered through as a result of someone else’s negligent or careless actions.

Mothers often turn to midwives when they are seeking a more natural childbirth option. However, the American Pregnancy Association cautions that sometimes childbirth requires medical interventions that extend beyond the scope of a midwife’s limited services. In those situations, the mother and baby need the prompt attention and care of an experienced obstetrician. If complications arise during childbirth that a midwife is incapable of handling, both mother and baby run the risk of suffering a debilitating birth injury.

Recently, the Lewiston Sun Journal reported that a Maine jury awarded a 10-year-old plaintiff $3 million for past and future medical expenses, permanent impairment, and loss of enjoyment of life after finding that the midwife who had overseen the child’s delivery negligently failed to follow standard medical care procedures. The child is severely disabled and was diagnosed with a rare genetic disorder called Kabuki Syndrome. The medical malpractice lawsuit maintained that the disorder did not account for all of the child’s symptoms, which include severe mental retardation, blindness, wheelchair confinement, a feeding tube, and inability to speak. Rather, the symptoms indicate the child suffered from oxygen deprivation during labor, as a fetal monitor warned. The lawsuit argued that the midwife failed to respond appropriately when the monitor indicated a problem.

The jury came to a verdict for the plaintiff after deliberating for only four hours. The plaintiff’s attorney praised the verdict, but added, “There are no winners in this. Everyone in the courtroom, particularly defense counsel, agreed this is a tragic situation.” Chicago birth injury attorneys know that with the proper care and attention during childbirth, these tragedies are entirely preventable. A fetal monitor should provide sufficient warning if problems occur. However, too often the baby is deprived of oxygen and experiences birth hypoxia or birth asphyxia, which can result in permanent brain damage. Such injuries require lifelong medical care and can exert an astounding financial and emotional strain on families.

Continue reading "Disabled Child Receives $3 Million Verdict in Midwife Birth Injury Lawsuit" »

A jury recently awarded $2.5 million to a grieving couple who lost their baby in a birth injury caused by doctors’ negligence.

The couple sued various obstetricians and gynecologists as well the practice where the expecting mother was treated. While obstetricians specialize in the management of pregnancy and labor, gynecologists specialize in the female reproductive system. Together, “ob/gyns” are trained to diagnosis and treat disorders and diseases in this field.

According to court documents, doctors discovered a complication during the mother’s pregnancy. Lab results revealed that the unborn baby had O-positive blood whereas the mother had Rh-negative blood. When this combination of blood types occurs, the baby’s O-positive blood is treated by the mother’s body as an intruder and the mother’s Rh-negative blood produces antibodies to fight the invading O-positive blood. The mother’s antibodies start to break down the fetus's red blood cells. This condition is called hemolytic disease or hemolytic anemia. It can become severe enough to cause serious illness, brain damage, or even death in the fetus or newborn.

According to the lawsuit, doctors failed to properly monitor and treat the mother and her baby after the complication was revealed. The unborn baby developed immune hydrops fetalis, a complication of Rh incompatibility. Although a cesarean section delivery was preformed, the baby did not survive. In addition, the mother will unlikely be able to deliver another viable fetus, according to the complaint.

The jury not only awarded the parents $2 million in compensatory damages but the jury also determined that the doctors should pay $500,000 in punitive damages. Punitive damages are intended to reform or deter the defendant and others from engaging in similar conduct. They are usually awarded when the jury determines that the defendants acted with reckless disregard for the safety of others. Although punitive damages are not intended to compensate the plaintiff, the plaintiff usually receives the entire punitive damage award.

To learn more about this lawsuit and other birth injuries that went to trial, follow the links.

Continue reading "Jury awards expecting parents $2.5 million in birth injury " »

Doctors trained in obstetrics and gynecology spend years learning specifically about the challenges of reproductive health and the careful steps that need to be taken when caring for a mother giving birth. An experienced Chicago birth injury lawyers knows, however, that there remains a small number of these physicians who continue to make costly mistakes that should have been prevented. Unfortunately, mistakes in childbirth often lead to lifelong disabilities for the infants in the crosshairs.

For example, Claims Journal recently reported on a jury verdict following a birth injury lawsuit filed by the mother of a disabled young child. The child suffered debilitating injury after hospital staff was unprepared for the difficulties that arose during his mother’s pregnancy. After hearing all of the evidence presented by both sides of the issue, the jury agreed that the employees of the UPMC Hospital failed to take proper steps to prevent oxygen deprivation. As a result of their birthing mistake the young child is left permanently mute and requiring feeding through a tube.

The community members reached a verdict of $21.6 million. That majority of that amount accounts for the cost of medical expenses for the rest of the victim’s life. The remainder is to account for past medical expenses and his lost future earnings capacity.

Continue reading "$21.6 Million Verdict Following Botched Childbirth" »

As we have frequently shared, injuries suffered by children and their mothers in childbirth are often the most heart-breaking forms of medical malpractice cases for a Chicago birth injury lawyer. However, at the same time, these are also the cases that best represent what is fundamentally important about the legal system—a family seeking appropriate redress so that they can provide necessary care for their new child and recover following the medical error. It is exactly in lawsuits like these where the legal system shows its worth.

Red Orbit recently published a story one of those birth injury cases. A mother was brought to a local hospital after going into labor with her 10 pound baby. The mother had been in severe discomfort throughout the pregnancy and had repeatedly requested a Cesarean section. Unfortunately all of her calls went unheeded.

The couple’s doctor admitted that he “wandered in and out” of the room during the delivery, only arriving minutes before the child was born. This was true even though the doctor lived only minutes from the hospital and had no other patients at the time. The doctor’s laissez faire attitude meant that the couple was instead cared for by an inexperienced first year resident and nurse. The greenhorn physician exposed the suffering mother to excessive anesthesia and exaggerated hyper flexion abduction during the birth.

As a result of the poor treatment, the mother was forced to endure incredible pain. She ultimately suffered a broken and separated pelvis along with severe back injuries. Special hardware and neurological devices had to be installed in her back since the birth. She now requires a cane to walk.

The trial in this birth injury lawsuit recently finished with a jury unanimously finding for the family in the amount of $5 million.

Continue reading "Birth Injury Lawsuit Leads to $5 Million Verdict" »

A birth injury lawyer secured an $8.5 million settlement for the family of a severely brain-damaged child. The Jersey Journal reported that even though the trial had already begun, attorneys reached an agreement to settle after five days of trial testimony.

According to the lawsuit, when the mother-to-be first went to the hospital, several prenatal tests were conducted. All of these tests suggested that the unborn baby was normal and healthy. A prenatal heart monitor was then attached to the mother’s abdomen to track the baby’s heart rate. Several hours later, the baby's heart rate started to drop. In fact, records showed that the unborn baby’s heart rate reached a dangerously low level of 60 beats per minute.

Although the baby’s heart rate was grave and required immediate medical attention, evidence suggested that the labor and delivery room nurse waited almost half an hour before calling the attending obstetrician. As the unborn baby continued to struggle, the obstetrician took over twenty minutes before even starting an emergency Cesarean section.

Evidence at trial showed that the unborn baby’s umbilical chord was compressed. This can cause a baby's low heart rate and can cause the fetus to be deprived of oxygen. Experts in the case claimed that as a result of the unnecessary delays by the obstetrician and the delivery room nurse, the unborn baby suffered permanent brain damage.

The child, who is now five years old, suffers from seizures, is unable to walk, and needs to be fed through a straw. The child will be in need for full-time care for his entire life. According to the terms of this birth injury settlement, $6 million was provided for the medical expenses the child will incur in the future. The parents received $2.5 million as compensation for their emotional pain and other damages.

To read more about this birth injury settlement, follow the link.

Unfortunately birth injuries are not uncommon. In early March a family received $19.2 million for their child’s birth injury. Click on the link if you wish to learn more about the family’s struggle with their child’s birth injury. Birth injuries often result in brain injury for the unborn child. If you want to learn more about brain injuries, follow the link.

Continue reading "$8.5 million settlement for family of child who suffered brain damage at birth" »

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" »

PRWeb.com recently reported about a birth injury lawsuit that resulted in a multi-million dollar verdict. The lawsuit involved a young boy who suffered permanent nerve damage and arm injuries due to mistakes made during his birth.

The malpractice occurred after complications arose during the child’s delivery. Rather than attempting a number of labor positions or obstetrical maneuvers, a nurse-midwife carelessly pulled the child’s head while struggling with his shoulder dystocia. Due to the midwife’s negligent care, the baby suffered nerve damage and permanent arm injuries.

Shoulder dystocia is a condition that occurs when a baby’s anterior shoulder gets stuck behind the mother’s pubic bone. If this happens, the remainder of the baby does not easily follow the head as in most vaginal deliveries. Severe injuries can occur if the proper steps are not taken during childbirth.

After five days of trial, the jury awarded $2.3 million to the child and $60,000 in special damages to the child’s mother. The special damages were awarded to reimburse the mother for medical bills associated with her son’s birth injury. This verdict will help pay for future medical expenses the child will incur as a result of his injuries. Due to the severity of the injuries, the child will require extensive medical care and support in the future. The young boy will never regain the strength and abilities that most children have, including the capacity to ride a bike, play sports, or even get dressed without another’s assistance.

Continue reading "Jury Returns $2.3 Million Verdict for Child Injured During Birth" »

A jury awarded $2.3 million in damages to a Virginia boy who suffered arm injuries at birth. As a result, the 4 year old child’s right arm is permanently disabled. The child’s mother was also awarded an additional $60,000 to reimburse her for all the medical expenses related to her son’s injuries. The lawsuit involved a nurse-midwife and the medical practice she was associated with.

To read more about this birth injury settlement follow the link to HamptonRoads.com

Midwifery offers care to childbearing women during their pregnancy, labor and birth, and during the postpartum period. They can also care for the newborn through to six weeks of age, including assisting the mother with breastfeeding. According to the National Center for Health Statistics, certified nurse-midwives and certified midwives attended 7.4% of U.S. births in 2006.

This health care profession came under fire in 2003 when a Sonoma County infant died after birth due to the alleged actions of a midwife. The mother, while under the guidance of a midwife, labored too long in her home causing life ending complications. Although state medical boards typically govern and regulate midwifery licenses, the family filed suit against the midwife for gross negligence. In that case, the midwife was already under investigation with the medical board for incompetence regarding two other home births.

Continue reading "Jury awards $2.3 M verdict for arm injuries suffered at birth." »

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

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

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

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

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

Continue reading "$13.9 Million Verdict Following Birthing Mistake Causing Cerebral Palsy " »

The Evansville Courier Press reported this month on a jury verdict following the tragic birthing accident that took the lives of three young babies several years ago.

Christina Tillerson was pregnant with triplets in the summer of 2001. She underwent an operation known as a cerclage procedure to help prevent a premature birth. The risk of delivering babies prematurely is much higher when the mother has multiple babies in the womb.

After undergoing the procedure, ultrasounds revealed irregularities with the cerclage operation, and the Tillersons were told to ask their doctor about the irregularities. However, Tillerson’s doctor failed to perform even a single examination following the news of the irregularity or even look at the ultrasound results.

The doctor’s failure to take any actions meant that possible corrective measures were never performed. Those measures could have delayed the pregnancy. Unfortunately, Tillerson gave birth to the children when they were only 21 weeks old. The birth occurred way too early, and none of the three children survived.

Continue reading "Triplets Die Following Birth Injury" »

Xzavier Hyman, a four year old child from Staten Island, was recently awarded $510,000 in a Medical Malpractice action against the obstetrician-gynecologist responsible for delivering him.

Xzavier’s mother, Ms. Spicer, was going through a difficult birth so Xzavier’s doctor, Dr. Paul Heltzer, ordered the use of Pitocin, a drug which helps speed up delivery by inducing contractions, to help her along in the birthing process. Pitocin is commonly used for women who are having difficulty delivering their child. However, Dr. Heltzer made the mistake of administering the drug for too long which put stress on Xzavier’s brain, causing three or four strokes and three seizures within 10 hours of his birth.

Xzavier’s attorney’s successfully argued that Ms. Spicer was kept too long on Petocin, and her relentless contractions stressed Xzavier. Additionally, they argued that a Caesarean operation should have been performed several hours before Ms. Spicer gave vaginal birth to Xzavier. If these steps were taken, Xzavier’s injuries could have been avoided.

The delivery, and subsequent stokes and seizures, left Xzavier with permanent injuries. Xzavier still suffers from some speech and fine motor skill deficiencies, the gap in IQ between him and his peers has continued to widen, and his life expectancy was cut approximately six years.

Both Xzavier’s mother and attorney expressed joy that the verdict came down in their favor, but disappointment that the award was not higher. Many birth injury malpractice cases award damages far greater than the $510,000 that Xzavier received. Much of this is based on the ongoing medical bills that a child will face as he ages because of the injury.

Continue reading "Jury Awards Birth Injury Victim $510,000" »

It is every parent’s worst fear for their child to suffer from a traumatic experience during the course of their life. Still, due to high levels of medical negligence during birth, some parent’s fears come to fruition all too soon. That was the case of one mother who gave birth at Norwich Obstetrics and Gynecological Group Inc. under the care of Dr. John Bodin. According to the Norwich Bulletin, Dr. Bodin was sanctioned by the Connecticut Department of Public Health after an investigation found he failed to monitor a woman in labor or intervene when nurses reported the unborn child was in distress. This failure led to the child suffering brain injury and a brain hemorrhage which subsequently led to the newborns untimely death only five weeks after his birth.

The mother, who has chosen to remain anonymous, claimed in a lawsuit against Dr. Bodin and the facility, that Dr. Bodin used an excessive amount of Pitocin, a drug used to stimulate contractions, and subsequently failed to recognize signs of fetal distress or to intervene by performing a timely Cesarean Section.

Medical malpractice lawsuits are unfortunately not uncommon. According to the Connecticut Department of Public Health an OB-GYN is sued an average of 2.7 times during his career. Lawsuits can be expensive to defend, costing as much as $200,000-$300,000 per lawsuit. These high costs, and the increasing costs in medical malpractice insurance are why Dr. Bodi claims to have closed his practice.

While Dr. Bodi acts as though he has been victimized into closing his facility, it is important to remember who the real victim is in this story. It is not Dr. Bodi who’s child was lost due to the negligence of another, and although Dr. Bodi may have had to close his facility because of the high costs of his insurance (which he claims to have been about $130,000 per doctor, and would have increased because of this now pending lawsuit), perhaps next time when a mother is suffering from similar symptoms as the mother in this case, Dr. Bodi will remember the consequences of performing his duty negligently.

According to the Orland Sentinel, a mother who sued EVAC for injuries her son received during a premature birth has reached a settlement for $1.4 million with EVAC ambulance services. Margarita Chess was six months pregnant when she gave birth to her son, Addison, inside an ambulance owned and operated by EVAC. Addison was born with cerebral palsy and suffered brain damage.

Chess first arrived at the Bert Fish Medical Center in New Smyrna Beach, where a doctor decided to transfer her to Halifax medical Center in Daytona because Bert Fish Medical Center was not equipped to handle her prematurely born son. Halifax Medical Center did not accept the transfer, citing that they lacked specialists who could handle premature births.
At the trial EVAC argued that paramedics could not refuse the emergency-room doctor's order. The jury found EVAC negligent for accepting transport and for the care it provided. Originally Chess brought suit against both the hospitals and doctors but settlement was reached with EVAC for a total of $1.4 million.

Continue reading "Settlement Reached for Premature-Birth Lawsuit" »

A jury recently awarded over $23 million to 5-year-old boy and his mother in a birth malpractice trial in Milwaukee that lasted over two weeks. The jury found the woman’s doctor negligent for the birth injury her son sustained during delivery in 2005. According to a report in the Journal Sentinel, the boy suffers from cerebral palsy as a result of the brain damage that he sustained during his delivery. The jury found the doctor negligent for failing to perform a C-section despite the woman’s prolonged labor and signs of distress. Instead of a C-section, the doctor ordered a medical resident to deliver the baby with forceps.

Most likely, the child’s brain damage was the result of hypoxia, or lack of oxygen. When complications arise during the labor and delivery process, it can cause a newborn’s oxygen supply to be cut off. When a child goes without sufficient oxygen for an extended period of time, this can lead to brain damage which can cause conditions like cerebral palsy. The National Institute of Neurological Disorders and Stroke defines cerebral palsy as term used to describe a number of neurological disorders that affect one’s movement and coordination. The effects of cerebral palsy can range in severity, but in many instances sufferers will have to undergo lifelong medical care and treatments. In the above example, the damages will help to compensate for future medical costs as well as the loss of future potential income and pain and suffering.

To learn more about the recent birth injury verdict, follow the hyperlink.

A jury has awarded the family of a 12-year-old boy $18.5 million in a medical malpractice lawsuit against a hospital and obstetrician, according to The Star-Ledger. An emergency cesarean section became necessary for his birth back in 1998, but it was unnecessarily delayed, causing brain damage and the development of cerebral palsy. Experts testified at trial that, if the procedure would have been performed just eight minutes sooner, he would not have developed the condition.

When a fetus begins showing signs of distress, such as an irregular heartbeat, it may mean that it is not getting enough oxygen. If so, it becomes critical to deliver the baby as soon as possible, usually by performing an emergency c-section. Delays in the performance of these emergency c-sections can cause serious, permanent injuries to oxygen-deprived babies, such as brain damage and cerebral palsy. Many of these delays are not only avoidable, but caused by the negligence of doctors and hospitals.

If you believe that your child suffered a birth injury as a result of a healthcare provider’s negligence, please contact us to discuss your case. Our Illinois birth injury lawyers are here to help.

The Daily Herald reports that a medical malpractice lawsuit resulted in a $29.1 million verdict for a boy suffering the effects of a severe birth injury. Medical malpractice occurring during the boy’s delivery at Northwestern Memorial Hospital in Chicago resulted in the child’s Chicago birth injury and brain damage. The boy is now six years old and suffers from quadriplegia and Cerebral Palsy, disorders that resulted from brain injury during his birth. NBC Chicago explains that a doctor ignored an infection in the mother prior to birth, and failure to treat the infection resulted in the child being born with Cerebral Palsy. As a result of the birth injury, the boy cannot walk, talk, or eat through his mouth.

Cerebral Palsy Information explains that Cerebral Palsy is often caused by brain injury either during pregnancy, during birth or shortly after birth. Several infections during a mother’s pregnancy can severely damage a fetus’ nervous system and result in Cerebral Palsy. Quadriplegia is a form of Cerebral Palsy that affects a child’s arms and legs and causes stiff, permanently contracted muscles.

4MyChild notes that about ten to twenty percent of children with Cerebral Palsy acquired it after birth, while many more children developed it during pregnancy or at birth. Two aspects of long labor send signals to doctors that brain damage can result in a birth injury to a baby. If a baby becomes stuck in the mother’s birth canal without oxygen or a doctor does not deliver the baby within 24 hours of the mother’s water breaking, the baby is at a significantly increased risk for a birth injury. Furthermore, doctors need to pay attention to whether the mother develops a fever during pregnancy because this too can lead to brain damage.

As 4My Child explains, quick action is the key to giving birth to a healthy baby instead of one with serious birth injury consequences like Cerebral Palsy. No child should have to suffer the effects of birth injuries that occurred because of medical malpractice. When medical malpractice does occur, however, and a child suffers the life long consequences of a doctor’s negligence, our Illinois birth injury lawyers are here to help.

According to a press release on Emailwire.com, a family was awarded over $38 million by a jury in a birth injury lawsuit. The press release states that a newborn suffered severe birth injuries after medical practitioners failed to execute a cesarean in a timely manner. As a result of this medical negligence, the newborn sustained an irreversible brain injury. Follow the link to read more about this birth injury verdict.

When medical providers fail to perform c-sections and other interventions during childbirth, in a timely manner, they risk causing serious birth injuries such as birth hypoxia and cerebral palsy. Fetal distress is detectable when an infant’s heart rate is abnormal. If a labor and delivery team suspects fetal distress, they should immediately perform interventions to prevent serious injury. When providers fail to do so, a baby can suffer lifelong injuries or death.

Awards for birth injury cases are often high because they take into consideration both economic and non-economic damages. In most instances, the verdict or settlement will be determined by calculating proven damages, such as past and future medical expenses and loss of potential earnings. They also take into account pain and suffering and loss of normal life, or disability and disfigurement damages. The Chicago birth injury attorneys at Levin & Perconti have received compensation for families in a number of birth injury cases, including a $6.71 million Cook County birth injury verdict for a child who suffered a serious brachial plexus injury. If you believe that your child has suffered a birth injury as a result of a medical provider’s negligence, please contact us to discuss your potential claim.

A jury recently found a medical clinic and hospital negligent and awarded $23.2 million to the family of Kylie Rodgers, a two-year-old victim of medical malpractice. Kylie suffers from numerous permanent conditions resulting from her traumatic birth in June of 2007, which will require treatment for the rest of her life, including spastic quadriplegic cerebral palsy, cortical impairment, neurological difficulties, and seizures.

Although it may sound large, verdict amounts such as this are not uncommon in birth injury cases, especially those involving a serious, permanent injury such as cerebral palsy, because the award has to pay for the lifetime of medical care that the injured babies require. In fact, $1.7 million of the verdict in this case was awarded just to pay for the healthcare expenses that Kylie already incurred in the first two years of her life.

Click the following link to read more about Kylie and this birth injury verdict.

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

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

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

A jury recently awarded $43 million to a 25-year-old woman who suffers from cerebral palsy as a result of a hospital’s negligence during birth. According to an article on WTEN New 10’s website, the hospital staff failed to properly resuscitate the newborn during delivery. This critical medical error caused the plaintiff to suffer cerebral palsy, a lifelong disorder that affects movement. The family settled out of court 19 year ago with the doctor who performed the delivery; however the case against the hospital has been active since 1991. To read the full coverage of this birth injury verdict, click on the link.

The first Paxil lawsuit against GlaxoSmithKline over alleged birth defects caused by the antidepressant is scheduled for trial to begin today in Philadelphia. This is one of approximately 600 similar claims involving heart defects and other injuries suffered by babies born to woman who used Paxil. The birth injury lawsuit claims that the use of Paxil resulted in life-threatening heart defects in her three-year-old son. Paxil is a selective serotonin reuptake inhibitor prescribed to treat depression. It is one of the most common drugs prescribed in the Untied States. The plaintiffs claimed that GlaxoSmithKline knew about the potential for Paxil to cause birth defects, but hid data and failed to warn users of the potential birth defect side effects. The FDA released an alert in 2005 that studies showed that the drug could increase the risk of heart defects in infants when taken during the first three months of pregnancy. It then required the company to update Paxil label warnings to include the risk of birth defects. The company says there is no conclusive evidence that Paxil causes birth defects, and intend to argue that the injury suffered by the plaintiff’s son was not caused by the use of Paxil. The plaintiff’s son was born with holes in his heart that had to be addressed with multiple surgeries before he was six months old, which the birth defect lawsuit says is the result of the Paxil. To read more about the birth injury lawsuit, please click the link.