Chicago Birth Injury Lawyer Blog

The rise in C-section births continues to raise alarm bells among all those interested in preventing Illinois birth injuries. Our Chicago birth injury lawyers know that it can be a tricky issue, because there are times when the surgical birth is absolutely necessary to save the life of a child or mother. However, the fact that they are necessary some of the time does not at all mean that they are safer all of the time. The truth is that on the whole these surgical births are far riskier than natural childbirth, and they should not be undertaken when not necessary.

Yet, there seems to be a notion that cesarean section births are simply one choice that mothers can make without much effect on medical risks one way or another. As we reported last week, the shockingly high maternal mortality rate in the United States is likely caused in part by the rising use of C-section birth—upwards of 50% of all births in some locations.

Interestingly, a new study summarized in Top News found that doctors likely bear much of the blame for the rise in C-section use. Some had previously argued that the rise was likely due to mothers who wanted to avoid the pain of childbirth and instead go with the “easier” C-section option. But the results of a new study found that not to be the case. The research included analysis of the births for 22,000 women over a two year period. Researchers found that more than half of those who had cesarean section births did so because their doctors told them to, not because they preferred it to natural childbirth.

This raises a range of questions about what exactly is leading doctors to push for more C-section births.

Of course, any Chicago medical malpractice lawyer knows that the finger will first point to medical malpractice lawsuits. As is usually the case, some in the medical community try to tie any and all problems with the medical system back to groups not actually in the medical community—namely lawyers. Finger pointing is nothing new when it comes to certain industry’s shifting blame, but it particularly damaging here because lives are on the line.

Lawyers are not in the delivery rooms and have zero influence on what happens in any individual case. Instead, in each case lawyers are only involved the fact when a patient has been hurt because they received treatment below a reasonable level of care. That standard of care is based on what other prudent practitioners would do when faced with the similar circumstances. Obviously there are no rules that dictate whether or not one is immune from liability because they perform a c-section birth. Instead, the law is simply asks doctors to act in reasonable ways considering the information that is in front of them. Sometimes that might be to encourage a c-section, at other time it might not be. In most cases the decision will involve the weighing of the risks with the potential benefits. There is no inherent reason why this weighing of the factors should be skewed by the civil justice system and force doctors to make poor decisions when it comes to advising on c-section risks.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

This weekend we published a story on the tragic death of a mother who passed aware after having a C-section birth with twins. A father remained heartbroken as he shared the story of watching his wife slip away mere hours after giving birth shortly after Thanksgiving. We explained how the story highlighted the fact that while “birth injuries” usually refer to problems that arise in a young child during delivery, they just as well can apply to serious injuries experienced by the mother during these traumatic births. There is no way around that fact that there are inherent risks in all childbirths, and those risks are magnified when the medical providers involved fail to act appropriately in any given situation.

A Fox News report this weekend on the same story took a different angle, and used the tragedy to remind readers that C-Section births present even more inherent risks than natural childbirths. The ubiquity of these surgical deliveries gives many a false sense of security—in some areas upwards of 40% of all babies are delivered surgically. However, the possibility of C-section complications are very real; lives are literally on the line every time one of these procedure is performed. It is important that all families (and medical professionals) keep those risks in mind as they make decisions about whether or not C-section births are appropriate in their situation.

As the husband involved in the latest tragedy explained, his wife showed zero signs of distress leading up to the procedure. The only seeming irregularity was that the surgery was moved up one day, because doctors found that the woman’s blood pressure was elevated in a pre-op appointment. The birth itself actually went fine, but the woman began to hemorrhage after the surgery. She did not survive the childbirth injury.

As the Fox News story explained, when hearing about that event many readers admitted disbelief that mothers are exposed to such risks when giving birth in this day and age. Considering that medical improvements have advanced to the point where the vast majority of birth complications are resolved, it is not surprising that community members underestimate the continuing childbirth risks. This is particularly true of surgical births.

Just like any other surgery—there are significant risks involved. Opening up the human body and performing any action, let alone the extraction of a new baby, is a complex procedure that places significant stress on the body. Every time a surgery is performed, that stress may result in any number of problems or surgical errors. Depending on the severity of the problem and the skill with which the medical providers respond to the problem, there can be significant consequences for the patient.

In the context of C-section births, doctors explain that bleeding is far and away the most common cause of death for the mother. Following the procedure the bleeding can be fast and severe. At times the speed of the bleeding is so significant that there is nothing medical professionals can do to save the patient. In addition, C-sections can also lead to bladder complications, bowel injuries, and infections. Blood clots are also possible which themselves can cause pulmonary embolisms—the blockage of a main lung artery.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

Over the past few weeks our birth injury lawyers have discussed the myriad of concerns about the rise in C-section rates in the United States. Many advocates have voiced concerns over the steady increase in use of these procedures, noting that many surgeries may simply be unneeded. Rates in some places were anywhere from 40-45% of all births with some speculating the rates may actually rise over 50% in the future. It remains shocking to many that more than one out of every two births would be C-section procedures.

However, new data from the Centers for Disease Control and Prevention (CDC) and reported in The Stir, suggests that the C-section rate in the United States has actually gone down for the first time in a decade and a half. According to the CDC data, the 2010 C-section rate nationwide was 32.8 percent, the year before the rate was a tenth of a percent larger at 32.9 percent. Before this very slight decrease the rates have risen steadily every single year since 1996.

According to the story, it remains unclear exactly what led to the stabilization of these C-section rates over the last year. It could be that elective C-sections have decreased as community members have become more aware of the inherent harm in the surgery. Or, in the alternative, the reduction could come from those C-sections deemed medically necessary. It could also be a combination of both. In either case, the reduction is being considered a welcome bit of news for those who have long worried about the steady increase in the procedures.

The article’s author, a mother who has had two C-sections, explained, “Undergoing and recovering from a C-section is no picnic. C-sections carry a much higher risk than vaginal deliveries of complications for both mother and child.” Breathing problems are far more common for infants delivered surgically. Similarly, mothers are open to increased risks of inflammation, infections and uterus injuries when they have these procedures. This is not counting the fact that C-sections increase risks of complications in all future pregnancies. Of course there are situations where C-sections are absolutely necessary to prevent problems for both mother and child. But those situations are less common than the alternative—when natural childbirth is safer.

Our Chicago birth injury lawyers hope that we reach a balanced level of C-section births throughout the country. It is not unreasonable for these surgical births to be conducted in a timely fashion when they are necessary—such as following emergency birth—and not to be conducted when a natural birth would be feasible. The consequences and risks inherent in abdominal surgeries should not be underestimated or minimized. It is medical malpractice for a patient to unknowingly suffer harm in either instance: because they had an unnecessary surgery or did not have the surgery that they needed. If you believe that you or a loved one has not received the level of care that you were entitled when it comes to these vital birth decisions, please get in touch with our Illinois injury lawyers to share your story and see how we can help.

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World’s Largest Study Underway on the Fear of Childbirth

Mothers and Children at Risk in Early Cesarean Sections

A group of medical professionals in the obstetrics and gynecology fields recently released a call to pregnant women nationwide to return to healthy natural childbirth and away from what they dubbed the “C-Section Epidemic.” The plea was made in Advanced Chiropractic Health and Wellness News. The doctors are giving free pregnancy and childbirth lectures in the hopes of addressing what they see is a rash of unnecessary C-section births.

As the doctors explain, and our Chicago birth injury lawyers have blogged about, the nation’s C-section rate is currently at an all-time high. The doctors here claim that it is now the most common surgical procedure in the country. They explain how in most states anywhere from 20-40% of all new babies are delivered via C-section instead of natural childbirth. These high C-section figures are far too high, claim the doctors, because many are unnecessary.

It was explained that many fail to understand that C-sections are major surgical procedures that comes with a wide range of complications and require much longer recovery times when compared to natural childbirth. While these procedures are seemingly done in order to prevent birth injuries for the young child, they actually may provide the involved family more harm than good. The doctors giving the presentation explain that C-sections increase the likelihood of hemorrhage, bowel injury, bladder injury, infections, and may actual compromise future fertility.

The lecturers on the topic also admitted dismay that so many doctors discourage trial pregnancies in woman who have had a prior C-Section. These births are known as VBACs. This creates a vicious cycle, they explain, whereby mothers that are forced to have their first child via C-Section often feel forced to have the rest of their children the same way. Right now only 8% of children are born vaginally after their mother had a previous C-Section. This is down from rates of VBACs that was near 30% in previous years. The American Congress of Obstetricians and Gynecologists has claimed that VBACs are appropriate under certain circumstances. In addition, research on the subject continues to reveal that in certain cases they can be preferable for the patient, claim the group of doctors.

The doctors admit that at times, surgical deliveries are necessary. For example, it is imperative that medical professionals act in any manner necessary, especially via surgical options, when a child is in fetal distress, there is unresolved labor unrest, the child is in breech position, or if there are complications from multiple pregnancies. Yet, they maintain that there remain far too many C-Sections than are warranted by the percentage of these actual conditions.

In the end, as with all things, a balance must be sought. Our Chicago birth accident lawyers know that failure to perform C-sections in a timely fashion when necessary have very real consequences for the child. Many birth injury lawsuits have revolved around that issue. However, there is a different between necessary surgical birth and C-sections performed for no safety reasons. Medical professionals should be capable of understanding the basic difference and guiding patients as such.

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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World’s Largest Study Underway on the Fear of Childbirth

Mothers and Children at Risk in Early Cesarean Sections

The Detroit Free Press reported today on the conclusion of a birth injury lawsuit that some are calling the largest ever in the state. The jury in the case recently returned a verdict in favor of the plaintiff for a staggering $130 million. The trial lasted a total of three weeks, and the jury took three days to reach their verdict. The defendants in the case plan to appeal.

According to reports, the case involved problems caused by an improper vaginal delivery of a child which led to a variety of problems. The girl is now fifteen years old. When she was born the child’s mother suffered from gestational diabetes. This caused the baby to be much larger than expected. When a birthing child is too large, it is often common practice for the safety of both the mother and child to have a Cesarean section performed. Unfortunately, that did not occur in this case. Instead, the doctor induced a vaginal delivery.

The delivery led to a variety of permanent problems for the newborn. One involved party claimed that the doctors “literally crushed the life out of that little baby.” The girl received brain damage, had a broken clavicle, and now suffers from quadriplegia. The girl now requires around the clock care and will likely need that care for the rest of her life. Considering that she is expected to live into her eighties, the overall costs of the care is mind boggling. The length and overall scope of the required care is what contributed to the large jury award.

While the eye-popping jury award will likely garner all the headlines it is important for observers not to take this and similar large verdicts out of context. For one thing, these awards are extremely rare. While newspaper stories across the country will likely carry this headline for the next week, the vast majority of jury awards that are returned day in and day out are drastically lower. This is important to remember, because it is the skewed perception of consistent large verdicts that often drives members of the public to support ill-advised medical malpractice damage caps.

In addition, even on the rare occasions when large awards are doled out, they are arrived upon by clear calculations made by the involved parties. Contrary to popular belief, numbers are not plucked out of thin air. The totals are arrived at depending on the life expectancy of the involved victim, the total cost of the care they will need, and the total losses that they sustained as a result of the problems. A Chicago birth injury attorney knows that the overall costs and losses spread out over a lifetime are quite high. The jury verdicts returned in these cases reflect that. They should not be deemed an extra-large or arbitrary figure that paints the entire justice system in an unsavory light.

If you or a loved one may have been injured because of mistakes made during childbirth, please get in touch with our Illinois birthing problem lawyers. We can provide a free consultation so that you can share your story and learn how the law applies in your case.

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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

Our Chicago birth injury attorneys recently read that multiple hospitals in the Miami area stated that in 2010, over half of their births were caesarian births (C-sections), as opposed to vaginal deliveries. Additionally, according to Florida Independent, this city has the highest rate of C-section deliveries in the United States. The high number of C-section births worry many doctors and other health care professionals, because many believe that C-sections should only be performed when it is medically in the best interest of the mother and baby. Examples of when it might be medically necessary is when there is a complication that makes the birth need to occur quickly in order to keep the mother and baby safe.

One of the reasons that there has been a large rise in the number of C-section births is because in terms of scheduling it is easier for both mothers and for hospitals. With C-sections, the birth is often times scheduled ahead of time (unless the C-section is because of a complication or an emergency situation) and this makes both the family and the hospital able to plan for the birth. While the ease in planning may sound like a good solution to giving birth to many doctors and expectant families, it is not a good reason to have a C-section if that is the only reason for performing the C-section instead of performing a vaginal birth. A C-section is a surgical procedure and the risk associated with surgeries are present with all C-sections, and many mothers and babies suffer complications with C-sections that would not be present with a normal vaginal delivery.

Another reason that many doctors opt for, and encourage, C-sections even when they may not be medically necessary, is that doctors often worry about the increased risk of medical malpractice and birth injury lawsuits that may arise from a long labor and natural birthing process. While there may be more time for birth related complications to arise during a prolonged labor, the risk of a potential birth injury lawsuit is not a good reason for a doctor to encourage a C-section as a birthing solution when there is no other logical reason to perform the C-section.

If your doctor suggests a C-section delivery, instead of a vaginal labor and birth, please make sure to understand the reasoning behind the suggestions, and choose one when it is medically necessary and not just for scheduling ease. C-sections are a great option when there is a complication and the baby needs to be delivered immediately, or when other complications make one necessary, but if that is not the case and it is just for the doctor to protect themselves from a possible birth injury lawsuit, undergoing surgery for no real reason may not be the best choice for the mother or the baby. All doctors and all hospitals should always place the patient and the baby’s health and safety first and foremost, and if you feel that the doctor was negligent in their decision making, please contact our Illinois personal injury attorneys to talk about whether a birth injury lawsuit should be filed against the doctor.

Our Illinois birth injury attorneys were interested to learn about an Illinois birth injury lawsuit settlement in which an Aurora family received over $15 million dollars after filing a lawsuit against the doctor who delivered the family's baby. The birth occurred seven years ago but the medical malpractice lawsuit just settled. The birth injury that the lawsuit was addressing was the result of negligence on the part of the doctor who delivered the baby and his actions left the baby with cerebral palsy and with mental retardation. Cerebral palsy is something that may occur during birth if the baby is without oxygen for too long, and is the term used to describe the conditions suffered by this lack of oxygen and that result is physical or mental developmental problems.

During delivery, the doctor attempted to use a vacuum extractor to help to deliver the baby, and continued to attempt to use this method even after the method failed him multiple times. According to About Cerebral Palsy, even though the mother and the baby were in severe distress at the time of the delivery, the doctor did not intervene or try to reduce the permanent damage to the baby and instead kept trying something that had failed multiple times before. The baby appeared to have been developing with no problems prior to during the delivery and it is very likely that had the doctor performed a C-section when the complications presented themselves, the baby would not have been born with any serious permanent birth related injuries. While the doctor did eventually perform a C-section to deliver the baby, it was not until after multiple failed attempts with the vacuum extraction device.

Because the doctor ignored the signs, the mother and baby were in distress for too long and as a result the baby was born with and will permanently have serious brain and developmental damage as a result. Treatment for these lifelong birth injuries will be very expensive and that is part of the reason that the family was asking for the amount in the lawsuit. Additionally, the amount sought by the family and the amount determined in the settlement not only includes money for the medical bills, but also compensation for all that the young boy and the family has suffered through as a result of the doctor's negligence.

Continue reading "Illinois Birth Injury Lawsuit Settles for Over $15 M" »

The number of deliveries via cesarean section is on the rise, but like any surgical procedure, there are always risks associated with this method. Our Chicago birth injury attorneys recently read an article on the HealthDay page on USNews.com in which we were surprised to learn that the number of c-sections increased 7% from 2002 to 2009. Although they are often convenient, experts warn that these procedures can be dangerous and should only be performed when necessary to protect the health and well-being of both mothers and babies.

According to the report, the rise in the number of cesareans is a result of a number of factors. For one, many mothers and physicians appreciate the convenience of knowing when the child will be delivered. There is also an increase in the number of older women giving birth and those suffering from diabetes and obesity, so physicians may choose c-sections to avoid birth injuries or other complications during delivery. The article also notes that many women may not fully understand the risks associated with cesarean surgery.

As with any surgery, there are a number of potentially serious complications associated with c-sections. In our practice, we represent mothers and children who have been injured during the birth process. Although many c-sections are planned, some mothers require emergency cesareans when complications during birth arise. This could be because the baby is not properly descending through the mother’s birth canal or a breech birth. Although when performed in these situations, a c-section is necessary and actually used as a remedy, sometimes they are delayed, in which case the child may suffer birth injuries. Our Illinois birth injury lawyers have represented clients in cases in which a physician’s failure to perform a c-section in a timely manner led to birth injuries, including a recent $6.5 million settlement for a young girl who suffers from cerebral palsy as a result of a delayed c-section.

Surgical errors and complications may occur during both planned and emergency cesareans. This can include anesthesia errors, blood clots, infection, cardiac arrest, perforated or severed bowels, or severe postpartum bleeding. Although in some cases a c-section may be a mother’s best option to minimize risk to her unborn child, due to the serious nature of these complications, it is important for women and their doctors to carefully weigh their options before deciding whether or not to perform a c-section.

Late this week Courant News published a story on a jury verdict in an untimely cesarean section case that represents one of the largest single birth injury verdicts ever. The report shares information about the suit filed by a family against their obstetrician who failed to provide them with the level of care to which they were entitled. The family alleges that their doctor waited too long to perform a cesarean section leading to serious consequences for their baby. Specifically it was argued that a timely incision to relieve the upper uterine area on the birthing mother was not performed quickly enough. As a result, there was insufficient space for a traumatic delivery, delaying the necessary cesarean section.

As often occurs when doctors wait too long to perform these deliveries, the family’s new addition was born with severe cerebral palsy. The boy will forever need close medical care. He is unable to walk, eat, or talk, needs to be fed through a tube, and will be confined to a wheelchair for life.

The jury ultimately agreed with the family in this case and determined that the doctor was negligent in his conduct. They awarded the family $58.6 million for their losses, though it remains unclear if the judge will let the total award amount stand.

Our Chicago birth attorneys have experience representing families who have suffered from similar medical mistakes. Last November we settled a case for $6.5 million on behalf of a family that went through a traumatic birthing ordeal involving an inexperienced medical resident who failed to notice that the baby’s head was too large to fit through the mother’s pelvis. The problem required the performance of a cesarean section, but the doctor’s error delayed it.

When a cesarean section was finally ordered for the birth, the anesthesiologist improperly anesthetized the mother, ultimately forcing her arms and legs to be held down while the incision was made. Following the mistakes the child suffered from cerebral palsy and will need on-going medical care for the rest of her life.

Continue reading "Birth Injury Lawsuit Ends in Record $58.6 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" »

HealthBeat recently reported on the amount of cesearean sections in the past 35 years. Results show that numbers have tripled. Expectant mothers are likely now, more so than ever, to choose a c-section in advance rather than undergo a vaginal birth. In addition, according to another research study, the number of induced births has also increased. It has been reported that nearly 40% of births are electively induced – meaning that there was no medical necessity requiring the induction.

But while these numbers are growing, so are the complications attributed to each of these procedures. During induction, women are administered the drug Pitocin. Because induced labor is often painful, women are also given an epidural. Epidurals can increase the chances of a vacuum or forceps being used during delivery. Furthermore, because babies born by induced labors can often be born too early, the babies will likely be required to stay in the hospital’s neonatal care unit a lot longer than most infants.

Similarly, as addressed by the National Center for Health Statistics (NCHS): “Cesareans are associated with higher rates of surgical complications and maternal re-hospitalization as well as with complications requiring neonatal intensive care unit admission… In addition hospital charges for a Cesarean delivery are almost double those for a vaginal delivery.” Moreover, c-sections are major surgeries which require the patient to recover afterwards. This recovery can often take several weeks.

But while more and more women are choosing to undergo these pre-planned types of births, other women don’t have a choice. At times, c-sections are vital and if not done properly or efficiently, they can often lead to other birth injuries. It is extremely important for healthcare professionals to be cautious and thorough when dealing with such emergency situations in order to minimize error and avoid birth injury lawsuits. However, as our Chicago birth injury attorneys know, that is not always the case.

Continue reading "Trends and complications of cesarean sections and induced labor may lead to birth injury lawsuits" »

According to Westlaw News, a pending lawsuit on the west coast claims that hospital doctors intentionally delayed delivery of a baby after they confirmed that the baby would be born with substantial brain injuries. This birth injury lawsuit continues to allege that the hospital doctors delayed delivery in order to increase the likelihood that the baby would not survive delivery.

The unborn baby’s mother is alleging that doctors knew that her unborn baby needed to be delivered immediately and that failure to do so would result in traumatic brain damaged.

She further states that once the doctors determined that the unborn baby had in fact suffered severe brain damage, the doctors purposefully took actions to end the unborn baby’s life in order to save the hospital and the doctors from legal and financial responsibility.

Unfortunately, this pending birth injury lawsuit is not the only case where unborn babies have been affected by a doctor’s negligence. As covered in this blog recently, in one birth injury lawsuit, a newborn baby suffered from fetal hypoxia when doctors failed to order an emergency Cesarean section. In another case, a birth injury lawyer represented the family of a newborn who suffered a brain injury from severe lack of oxygen during delivery. You can read more about these incidents below.

Continue reading "Lawsuit alleges that doctors intentionally delayed delivery to increase chance of death." »

Chicago birth injury lawyers John J. Perconti and Patricia Gifford of Levin & Perconti represented a ten year old girl who suffers from cerebral palsy and mental retardation. The young girl sustained a brain injury during complications that could have been prevented during her birth.

On November 24, 2010, Levin & Perconti announced that the Advocate Lutheran General Hospital in Park Ridge, IL and a physician who failed to perform a timely Cesarean section agreed to pay a $6.5 million present cash value settlement to the injured child and her family.

Doctors failed to diagnose cephalopelvic disproportion in the pregnant mother. Physicians further failed to order an emergency Cesarean section even though they noted erratic decelerations in the fetus, a common warning sign for fetal hypoxia. Once an emergency Cesarean section was ordered, mistakes made by the anesthesiologist resulted in the nursing staff having to hold the mother down while the incision was made during the surgery.

Fortunately, both the newborn and mother survived the procedure. However, the newborn suffered from hypoxic ischemic encephalopathy, which caused the child’s cerebral palsy and mental retardation. The family plans to use the settlement to provide their daughter with the appropriate care she currently needs and the ongoing care she will have to have throughout her adult life.

Continue reading "Child with cerebral palsy receives $6.5 million birth injury settlement with Chicago hospital" »

The Chicago Sun-Times reported last month on the end of a Chicago birth injury trial. The medical malpractice lawsuit stemmed from treatment by a doctor connected to the Northwestern Memorial Physicians Group.

The malpractice occurred during the delivery of a Pilsen woman’s son in 2002. Going into the delivery, it was known that the baby was going to be large. Pre-natal care had revealed clearly that the child was of considerable size, which often presents particularly unique problems for a successful birth. The boy was ultimately born weighing 11 pounds, 5 ounces. However even though the medical staff knew that the child was large, they failed to inform the mother of the risks associated with this particularly birth. Specifically, they never warned her of the special risks posed by a vaginal birth—as opposed to a Cesarean Section.

The risks ultimately materialized during delivery. The infant boy’s shoulder got stuck on the mother’s pelvic bone. That problem was magnified when the doctor leading the birth pulled too hard on the boy’s head and neck. The force applied caused injury to his arm. Now, eight years later, the boy still does not have full function of his arm.

Continue reading "Chicago Family Awarded $3 Million Following Birth Malpractice" »

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.

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.

CBS 6 Albany reports this month that a $5.2 settlement was ordered in a lawsuit brought on behalf of a mother’s death during childbirth that occurred as a result of medical malpractice. Doctors cut or tore the mother’s uterine arties during a Caesarean section delivery, and this resulted in the mother hemorrhaging in the operating room and losing about 60% of her blood volume. The doctors failed to take timely action, not addressing the mother’s continued internal bleeding or repair it in surgery until more than six hours had passed. By then it was too late and the mother bled to death. The doctors were additionally found negligent in not performing the mother’s Caesarean section delivery in the morning when the mother’s labor progressed irregularly, and in not recording the mother’s vital signs when the Caesarean section delivery was eventually performed.

Maternal death ratios have increased in the United States recent years, according to Amnesty International USA. In 1987 there were 6.6 maternal deaths per 100,000 live births, but by 2006 that ratio had increased to 13.3 maternal deaths per 100,000 live births. This ratio is greater than that of 40 other countries. Furthermore, birth injury complications affecting a mother’s health occur to 1.7 million women every year in this country. Amnesty International USA attributes these maternal risks in part to inadequate staffing and quality protocols and a lack of accountability and oversight.

As the lawsuit illustrates, medical malpractice can result in serious consequences such as the preventable death of a mother during childbirth. Filing a lawsuit might be the best route to take to hold the doctors liable when this occurs. Similar to the New York lawsuit, the Illinois birth injury lawyers at Levin & Perconti received a $7.62 million verdict on behalf of a mother who bled to death after her HMO doctor disregarded the mother’s complaints of postpartum bleeding. If you believe a similar preventable tragedy has occurred to your family, please contact our Chicago birth injury attorneys.

A settlement totaling $77,418,670 was recently reached with St. John’s Riverside Hospital for the family of a three-year-old boy who developed cerebral palsy due to unnecessary delays during birth. The medical malpractice lawsuit alleged that the hospital, and the obstetrician/genecologist who delivered the baby, failed to perform an emergency c-section despite the presence of signs that indicated that the baby was suffering from oxygen deprivation. Instead, the doctor opted for a vaginal delivery, which was alleged to have been initiated almost an hour later.

Click on the following link for more information about this $77 Million cerebral palsy settlement.

A $3.35 million Euro (About $4.65 Million in US currency) settlement was reached because of a birth injury that took place. The Hospital in this case failed to get proper information including information relating to the baby’s fetal heart rate and the doctor carried out a Caesarean section too late causing the birth injury. The birth injury caused asphyxiation at birth, motor dysfunction and mild cerebral palsy. To read the entire article click here “Birth Injuries”

A lawsuit was filed in St. Clair County, IL on behalf of a baby that died due to birth injuries. The child’s grandmother filed the birth injury lawsuit against the doctor that delivered him and the hospital where he was born. The lawsuit alleges that the doctor failed to perform a cesarean or treat the baby during delivery. The baby suffered neonatal hypoxic ischemic encephalopathy during delivery and died several months later from his birth injury. Read full coverage of this Illinois medical malpractice case.

Earlier this week, a jury returned a verdict awarding $4 million in a medical malpractice lawsuit for birth injuries found to have been caused by a delayed c-section.

The injured baby’s mother had been pregnant with twins, but one died in utero. A few weeks later, doctors discovered that the surviving twin was in distress and determined that an emergency c-section was necessary. The operation was delayed for several hours, however, and the baby ended up being born with permanent brain damage that led to cerebral palsy and mental retardation. The award should help to guarantee that the child receives the necessary treatment that she will require for the rest of her life.

Read more about this delayed c-section case here.

When it comes to babies who are deprived of oxygen during birth, every second counts. Delays in the performance of c-sections can cause serious injuries to oxygen-deprived babies, such as brain damage and cerebral palsy. Hospitals and doctors can significantly reduce the length of c-section delays, however, by implementing quality improvement programs by doctors and hospitals, according to a new study published in this month’s issue of Obstetrics and Gynecology. In particular, the study found that, after 2 years of following such a program, the number of emergency c-sections that were delayed for over 30 minutes was reduced by up to 30% in some situations. These findings suggest that many devastating birth injuries could be prevented if hospitals and doctors simply implemented programs to address the delays.

Click the following link for more information about the quality improvement program study and its findings.

There are serious risks, both to the mother and her baby, when having a “natural birth” after having delivered an earlier child by c-section. The procedure, known as vaginal birth after cesarean (VBAC, for short), has been shown to cause serious injuries. For instance, there is a risk of the mother suffering a uterine rupture, which can be fatal to both her and her baby. There is also a chance that the VBAC will cause the baby to suffer oxygen deprivation (or birth hypoxia), leading to brain damage and cerebral palsy. These risks are compounded by doctors’ errors such as hesitation to perform the delivery or delaying a c-section. Recognizing that the decision to proceed with a VBAC may cause these birth injuries, and potentially be grounds for pursuing a medical malpractice lawsuit, many doctors are now refusing to perform them, opting instead for another c-section delivery.

Read more about the risks of VBACS, and the difficulties of finding doctors willing to perform them, in an article by Time Magazine.

Last Friday, a jury in a medical malpractice trial awarded $4.4 million to the parents of a child who suffered a severe brain injury at birth. Three days before her scheduled induction, the mother went to the hospital with nausea and vomiting. A fetal heart monitor showed that the baby was in dire stress and in need of an emergency c-section but a nurse misread the data. This delay lead to prolonged oxygen deprivation, causing her daughter to suffer severe brain damage and later develop cerebral palsy. She died a year ago, at the age of less than 4 and a half, of complications from the disorder.

Read more about this birth injury trial here.

The umbilical cord delivers oxygen-rich blood to the fetus. During labor, the cord can become stretched or compressed, interrupting this vital flow. Umbilical cord compression is a relatively common condition, occurring about once every ten deliveries, and often transpires when the cord becomes caught between the baby’s head and the mother’s pelvic bone or when it becomes wrapped around the baby’s neck. Once this happens, the blood flow is interrupted and the level of oxygen that the baby receives begins to decrease. If the baby is deprived of oxygen for a significant amount of time, a condition called hypoxia, it can develop severe injuries including brain damage, cerebral palsy, blindness, deafness, or developmental delays. Fortunately, this deprivation is detectable. The diminished blood flow can cause short and sudden decreases in the baby’s heart rate, which become visible on a fetal heart rate monitor. Often times, when this is detected, simply administered oxygen to the woman to increase the amount available to the baby is sufficient. In some cases, however, if the baby’s oxygen level is extremely low or if it begins showing other signs of distress, it is necessary to deliver the baby as soon as possible and the doctor may have to perform an emergency c-section. Under these circumstances, time is essential. Mistakes and carelessness by doctors and nurses that delay the operation amount to medical malpractice and can cause permanent brain damage to the baby.

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

A jury found a hospital liable for medical malpractice and awarded $4.25 million to the family of a girl who, after a traumatic birth, was born with Cerebral Palsy and brain damage. The baby’s heart rate began to drop while the mother was lying in a hospital bed but the doctor had gone home for dinner. By the time another doctor arrived and performed an emergency Cesarean Section, the baby had been deprived of oxygen for 20 minutes.

The jury found that the hospital ignored signs of fetal distress, failed to notify a doctor in time to perform a timely emergency C-Section, and that this delay caused the child’s injuries.

The jury awarded compensation for past and future medical expenses, lost future earnings and pain and suffering.

For the full story, click here.